May 13, 1996

The purpose of this Public Notice is to clarify the commission's Rules regarding equipment that is intended to operate in various radio services in the high frequency radio spectrum, including "10-Meter" Amateur Radio Service (ARS) equipment.

The Commission has noted that a number of transceivers imported as ARS equipment are also capable of transmitting and are being operated in nearby frequency bands allocated to other radio services such as the Private Land Mobile Radio Service, Maritime Services, Auxiliary Broadcast Services, International Broadcasting Services, the Citizens Band Radio Service, and the U.S. Government. Operation of this equipment causes interference to the authorized users of these frequencies. Some of these transceivers are capable of using output powers or emission types which are not permitted for the radio services listed above and some are capable of transmitting in the radio astronomy band where no two-way radiocommunication is permitted. Some manufacturers are promoting the sale of conversion kits, or have designed their transceivers such that they can easily be modified by the users, to extend the operating frequency range into the frequency bands listed above. In addition, so called "export" radios which are deliberately designed to facilitate this capability are also being imported and marketed.

Manufacturers, importer, vendors and users of these transceivers are reminded that transmitters intended for operation on frequencies allocated to any of the FCC authorized radio services listed above, except the ARS, must be type accepted by the Commission for the particular radio service(s) in which they are intended to operate prior to their importation, marketing or use. The Commission considers that the transceivers discussed above are intended to be operated on frequencies where the use of type accepted equipment is required, because of the simplicity of modifying them to extend their operating frequency range. Transmitters designed and intended for use only in the ARS must comply with the applicable technical standards contained in part 97 of the Commission's Rules but are not required to be type accepted.

It is a violation of the Commission's regulations to: (1) import or market a transmitter that is designed or intended to operation frequencies outside of the ARS bands, if it has not be issued a grant of equipment authorization for the radio service(s) in which the transmitter is capable of operating; (2) import, market or operate a transmitter that requires a grant of equipment authorization but for which no grant has been issued; or, (3) transmit on a frequency allocated to a licensed radio service without the appropriate Commission-issued station license. Violation of the Commission's regulations will subject manufacturers, importers, vendors and users of this equipment to appropriate criminal penalties as provided for by federal law(s), including fines and/or imprisonment. In addition, the equipment described above can be seized by, and forfeited to, the government.

For further information concerning this Public Notice, contact Gary Hendrickson at the FCC Laboratory, 7435 Oakland Mills Road, Columbia, Md. 21046, (301) 362-3043, or E-mail: ghendric@fcc.gov.