FCC Starting Clampdown on Rogue Radios From Asia
The FCC Enforcement Bureau is quietly starting to clamp down on what some in the wireless industry see as a growing problem -- distribution of noncompliant Asian radios. The Land Mobile Communications Council was at the FCC earlier this year meetings on the problem, including with Commissioner Mike O’Rielly, Enforcement Bureau Chief Rosemary Harold and other Enforcement staff, LMCC members told us. LMCC in particular drew O'Rielly's attention (see 1806080056). Last week, the bureau issued a citation and order against Amcrest Industries for marketing a handheld radio that allegedly doesn’t comply with rules.
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“I’ve heard from multiple parties that some equipment entering the United States is either fraudulently displaying the FCC logo, improperly displaying our logo, or simply not in compliance with our radiofrequency emission and interference rules.” O’Rielly told us Friday. “While it’s a difficult problem, I trust the Enforcement Bureau is looking into all of these situations. I have had a particular interest in looking into this issue as it relates to set-top boxes, and it is my hope that the agency can take action here, and elsewhere, in the very near future.” He had asked Amazon and eBay for help with the issue (see 1805250040).
Enterprise Wireless Alliance President Mark Crosby said the FCC needs to get involved since the radios threaten the integrity of Part 90 devices. Crosby was at the LMCC meetings at the commission. “We’re just trying to elevate the noise level on this since this is a major issue,” Crosby told us. “That the Enforcement Bureau took action against this entity we view as good news. We needed something we could point to.”
The radios are generally very cheap and come programmed with frequencies used by the broadcast auxiliary service, amateur operators, aeronautical users, police and others, Crosby said. People who buy the radios have no idea who's using the spectrum, he said. “It’s not good,” he said. “This is maybe the tip of the iceberg, but it’s a start.”
“I think the recent advocacy we did caused [the FCC] to sort of reactivate this really old case,” said Chris Imlay of Booth Freret, who represents amateur radio operators and others concerned about the cheap Asian radios. “It gives amateur operators a bad name if equipment that’s being marketed as amateur equipment isn’t intended for amateur use at all.” People are buying the radios and using them on whatever frequency is programmed in, Imlay said.
“There’s a lot of unlicensed operation on amateur, VHF and UHF frequencies,” Imlay said. “It’s clogging up the bands. It’s getting worse than it ever was before. It’s kind of an epidemic.”
EB said it received its first complaint in 2013 about Baofeng radio model UV-5R sold by Amcrest, which was found to be capable of transmitting on land-mobile frequencies using the device’s external controls and at power levels above those specified in its equipment authorization. Oct. 30, 2017, the bureau issued a letter of inquiry to Amcrest directing it respond to questions. Follow-up LOIs were issued on Jan. 12 and Feb. 2, the bureau said. Amcrest responded that it began marketing four models of the Baofeng radio UV-5R series in June 2013 but stopped for three “a few years ago,” EB said: “The Company nonetheless failed to remove these three models from its website until” it received the LOIs. Amcrest determined that model UV-5R V2+, which it still sells, “is indeed capable of operating on ‘restricted frequencies,’ though it is incapable of operating at power levels above those specified in its Equipment Authorization,” the agency staff recounted.
The staff 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.” The order warns the company it faces fines of up to up to $19,639 per day “and other sanctions” if it doesn’t comply. Amcrest didn’t comment.