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FCC Cites Baofeng Importer for Illegally Marketing Unauthorized RF Devices

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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 <broken link removed> 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."
 
My guess this is less about the capabilities of these rigs and more about putting pressure on China regarding tarriffs.

The Baofeng handhelds and other Chinese RF gear are very popular with hams and preppers because of how inexpensive they are and for the very capabilities cited. I have not heard of people abusing their capabilities, but having that ability to use them on the different freqs will be very useful in an emergency. If I break a leg in my woods and can't get a response on 2M, I often have aircraft flying over because I am in the flight path between Hillsboro and Newberg/points south, so I could, in an emergency, mayday and a small aircraft may hear me and relay my call for help. Also, listening to that traffic is useful in a SHTF situation.

Otherwise, I do have my amateur license and I would use the rig only as appropriate.
 
I see a rush on these in the future.

.gov says I can't have them...

Buys three.
 
What kind of range would a radio like these have?

It depends on terrain mostly. VHF/UHF transceivers are line of sight. A small handheld with 5 watts of power and a stubby antenna might only have a range of half a mile if you are in hilly terrain like I am; there is a repeater on the top of my mountain about 2 miles away but it is situated in relation to my house such that it is blocked by terrain and I cannot "see" it with any of my transceivers. The repeater on the zoo hill 30 miles away in Portland OTOH, I can hear with my Baofeng handheld, especially if it is connected to an external antenna - because it is visible from my property.

Cell phones are the same way (but with much less power).

The nice thing about most of these handhelds that are targeted for the amateur band use (whether FCC compliant or not) is that they can be connected to an external antenna and the antenna that comes with them can be replaced. Using a different antenna makes a LOT of difference, but they are still line of sight.

FRS/GMRS are also UHF and have the same problem, but the FCC compliant handhelds generally do not allow for external antennas.
 
It depends on terrain mostly. VHF/UHF transceivers are line of sight. A small handheld with 5 watts of power and a stubby antenna might only have a range of half a mile if you are in hilly terrain like I am; there is a repeater on the top of my mountain about 2 miles away but it is situated in relation to my house such that it is blocked by terrain and I cannot "see" it with any of my transceivers. The repeater on the zoo hill 30 miles away in Portland OTOH, I can hear with my Baofeng handheld, especially if it is connected to an external antenna - because it is visible from my property.

Cell phones are the same way (but with much less power).

The nice thing about most of these handhelds that are targeted for the amateur band use (whether FCC compliant or not) is that they can be connected to an external antenna and the antenna that comes with them can be replaced. Using a different antenna makes a LOT of difference, but they are still line of sight.

FRS/GMRS are also UHF and have the same problem, but the FCC compliant handhelds generally do not allow for external antennas.

Sounds like these could be a decent investment for basic emergency radios. May have to pull the trigger on this one while they're available. Likely better than the handheld CB type radios I have now.
 
Baofeng has been selling HT (handitalky) government subsidized radios for a few years now for dirt cheap in hopes of killing off the Japanese makers like Yaesu, Icom, Kenwood. The Baofengs are clunky, hard to program, and not made to the same standards as their Japanese equivalents. They are so cheap, though, that you can lose or break one and not really care. I had one, but gave it away to a teenage kid who was getting his ham license but was short on money. When I get another HT I'll go for a quality KenYaescom.
 
I want some Yaesu C4FM digital goodness, with the waterproof casing and a GPS module.

But C4FM starts at about $200 and goes up from there, with the waterproof and GPS adding yet more $$$

A Baofeng dual band (and more actually) FT costs about $25 on Amazon. For what I would pay for a Yaesu of similar capabilities, I can buy 7 Baofeng HTs.

I bought a TYT quad band mobile for $200. The Yaesu quad band mobile is $370 - for $30 more I could have basically the same thing in a TYT times two.

I bought 4 Baofeng BF888S HTs for $10 each. These will be handhelds I pass around to the neighbors so they can keep in touch with me and others. I won't cry if they drop one and it breaks. If they drop a $200 Yaesu, then I would cry.

I bought 2 Baofeng F9 8 watt HTs for $25 each to give to my kids (adults) for their GHBs. Again, I won't cry if they break them.

I can afford Yaesu gear and someday I will probably buy some, but the longer I wait, the cheaper it will be and the more capabilities it will have. So meanwhile I have some inexpensive Baofeng and TYT gear that sits in my GHB or elsewhere not really being used, but ready for use. If it gets stolen or broken or lost, no big deal, I have backups.

I am all for competition - I am sure the inexpensive Chinese stuff brings down the price of the mainstream name brand good stuff, and that is good for the consumer. For those that can't afford to spend hundreds (or thousands) for the high end stuff, it is good too.
 
Lets see, the complaint was filed in 2013...and it's now 2018. Moving at the speed of E-Government.
 
Also, if these take special rechargeable batteries, how long could you use them after SHTF to say keep a neighborhood patrol going? I woukd rather them take AAs so I can have a ton.
 

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