The FCC has issued a Citation and Order (Citation) to Amcrest Industries, LLC(formerly Foscam Digital Technologies, LLC), an importer and marketer of popular and inexpensive Baofeng hand-held transceivers, alleging that the company violated FCC rules and the Communications Act by illegally marketing unauthorized RF devices. The FCC asserts that Amcrest marketed Baofeng model UV-5R-series FM hand-held radios capable of transmitting on “restricted frequencies.” The Baofeng models UV-5R and UV-5R V2+ were granted an FCC equipment authorization in 2012 to operate under Part 90 Private Land Mobile Radio Service (Land Mobile) rules.
“Under § 2.803 of the Commission’s rules, an entity may not market a device that is capable of operating outside the scope of its equipment authorization,” the FCC Citation said. “RF devices that have been authorized under Part 90 rules, such as the model as issue, must operate within the technical parameters established in those rules.” The FCC also maintained that the UV-5R 2+ is capable of operating at 1 W or 4 W, while the Part 90 Equipment Authorization limits the power output to 1.78 W.
Amcrest conceded that the units were capable of operating on restricted frequencies but told the FCC that, per discussions with the manufacturer, were “only capable of operating at 1 W, the FCC said. The company instructed the manufacturer to fix the problem and later confirmed with the manufacturer that all Amcrest inventory on order and in the future would operate only on 145 – 155 MHz and 400 – 520 MHz.
While the Citation does not mention Amateur Radio, the UV-5R series radios can be programmed in a channelized configuration to function on 2-meters and 70-centimeters. According to the Citation, Amcrest had added a warning in its user manuals and marketing and sales materials implying that the UV-5R V2+ could operate on unauthorized and restricted frequencies, including Part 87 Aviation Services frequencies, Part 80 Maritime Services frequencies, and frequencies reserved for federal government use. The FCC said Part 90 radios that permit the operator to use external controls to program and transmit on frequencies other than those programmed by the manufacturer are “generally prohibited.”
Amcrest told the FCC that it had ceased marketing four models in the Baofeng UV-5R series “a few years ago,” but it did not remove them from its website until last February. Numerous online retailers continue selling UV-5R series radios for less than $25, with some ads indicating that these are “ham” equipment.
Amcrest Industries, LLC, which owns and operates Baofengradio US, is an import, distribution, and marketing company based in Houston, Texas. It also sells hand-held transceivers under its own label.
“While we recognize Amcrest’s efforts to date to achieve compliance with the Commission’s rules, the company must nonetheless ensure the version of the UV-5R V2+ it is marketing operates only on frequencies specified in its Equipment Authorization,” the FCC said in its Citation. The FCC directed Amcrest “to take immediate steps to come into compliance with the Commission’s equipment authorization rules and cease marketing unauthorized RF devices in the United States.” Amcrest could face fines of nearly $20,000 per day if it fails to comply.
Heavy Duty, Super Accurate (Under 1 Degree Resolution) Tower Mounted Ring Rotator for Rohn 45 / 55 Towers – NEW FOR 2015! o you want to g... Read more
Edmund M0MNG gives a ‘first impressions’ unscripted review of a new product. The WSPRlite is available from SOTAbeams and is proving very... Read more
< Who is Signal Stuff? In a world where Amateur Radio ought to be on the cutting edge of technology, far too often hams are seen as being “old s... Read more
“Successful Bilateral Transatlantic 144 MHz QSO made ! Between 04 and 05 October 2016 a new record was set. PY1MHZ Marcos received in the city o... Read more
Satellite enthusiast Doug Papay, KD8CAO, of Zeeland, Michigan, has worked all 488 US grid squares via satellite and has been granted Grid Master Award... Read more
“Nestled deep in the Chequamegon-Nicolet National Forest in Northwest Wisconsin is the small town of Clam Lake. Clam Lake is best known for the... Read more
K4BEN, announces the official beta of his Remote Radio Service, DXRemote.net. It is a very simple concept: his enterprise-class, redundant n... Read more
AMSAT-UK is very happy to announce the 2022 AMSAT-UK International Space Colloquium will be held as part of the RSGB Convention on October 8-9 at the... Read more
FT8 is a mode in the WSJT-X software developed by Dr Joe Taylor K1JT. In this video I show how to get started and make contacts with FT8, introduction... Read more