LMCC Asks O’Rielly to Help Stop Noncompliant Radio Sales by eBay, Amazon
Friday, June 08, 2018 | Comments

The Land Mobile Communications Council (LMCC) asked FCC Commissioner Michael O’Rielly to help eliminate the sale of noncompliant radio devices distributed by eBay and Amazon.com.

The commission is pursuing a virtually identical effort with these same companies concerning the sales of TV set-top boxes that do not meet the commission’s equipment authorization requirements or falsely claim that they have been certified by the agency, said a letter from LMCC President David Smith and LMCC Secretary/Treasurer Mark Crosby.

LMCC raised these concerns with the FCC’s Enforcement Bureau earlier this year. The council prepared and forwarded to the FCC two proposed alerts, one an advisory directed toward businesses and consumers, and the second addressed to distributors of the noncompliant radio devices. The LMCC anticipates the release of these alerts, but in the interim, asked the commissioner “to also bring to the attention of eBay and Amazon the risks to the American public of the continued distribution of noncompliant radio devices, the level of which we understand reaches 1,000,000 units annually.”

The letter said the two-way radios in question are being marketed for use by any individual or entity for any purpose without regard to federal and non-federal spectrum allocations, user eligibility or licensing requirements. Some devices that display an FCC certification are preprogrammed on a variety of channels for which the user is ineligible including aeronautical, broadcast auxiliary and public-safety frequencies. Some come with programming instructions that allow consumers to modify the radios to operate on any channel from 136 – 174 MHz and 400 – 520 MHz.

“As you can appreciate, these devices pose a serious risk of harmful interference to federal systems and FCC-compliant systems operated by legitimate licensees,” LMCC said.

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On 6/21/18, Bruce Clark said:
In this case, the manufacturers are overseas in China and therefore outside of FCC jurisdiction. That is why the FCC is going after the sellers located in the U.S. that are selling radios that fail to meet FCC specifications. In some cases the radios have fake FCC ID numbers. A seller should know that a radio that can be programmed by the operator from the front panel controls violates the Part 90.203 e regulation requirement. I agree the responsibility for legally using the radios falls on the individual. But the FCC is just trying to stop the problem at the source — the U.S. vendors importing the radios from China and selling them without any concern for FCC regulations.

On 6/14/18, Damon Schaefer said:
The responsibility for using these devices is always on the individual. If a society gets to a point where we are blaming companies or government bodies for the misuse of a product by an individual person then that society is in peril. Can the company better educate the individual as to its proper use? Yes. Can a government better educate individuals on its lawful operation? Yes. Can the government better regulate these devices if they truly are causing safety issues, which I haven't seen? Yes carefully.

Our country was founded on the concept that our citizens were born with individual freedoms. With freedom comes responsibility as the opposite side of the same coin. If you remove individual responsibility you remove individual freedom.

On 6/13/18, John Walker said:
Instead of trying to punish the sellers, it seems more practical to punish the manufacturers. But often the equipment I see sold on eBay is used equipment. It is always the responsibility of the user to do what is proper and legal.

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