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Old August 8th 06, 05:12 AM posted to rec.radio.amateur.equipment
Dr. Anton T. Squeegee Dr. Anton T. Squeegee is offline
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Default Legality of modifying a ham radio to transmit on commercial frequencies

In article .com,
(known to some as Alex) scribed...

Hello,

I'm new to amateur radio, and there's a debate amoung some of my
friends on whether it's legal to modify a ham radio to transmit on
commercial and CB frequencies. I thought any radio that does transmit
on these non-ham frequencies needs to have some type of FCC
cerification, so modifying a ham radio to transmit on such non-ham
frequencies would be illegal. However, some friends have told me it is
legal to modify a ham radio to transmit on non-ham frequencies as long
as you are authorized to use them and you transmit on those specific
frequencies and on the allowed power.


snippety

Actually, that latter part is NOT accurate. I speak as one who has
been in the land/mobile radio service field for 10 years, and an active
hamateur for 27.

In order to be 'legal' to transmit on commercial frequencies (those
governed by FCC Part 90 regs), the rig involved must be 'type accepted'
by the FCC. This means that its overall design is reviewed by the
commission's engineers, and is certified to operate correctly under Part
90.

Among the other requirements of this part, it specifies that the
radio involved cannot be easily reprogrammable by the user. This means
that frequency programming via front panel keypad, for example, is a big
no-no.

The one exemption I know of is that of modification to transmit on
MARS or CAP frequencies. Since the requirements for the former are
dictated by the military, and the latter by the CAP themselves, the FCC
does not get directly involved.

So, in summary: Operation of a non-type accepted (read: amateur)
transceiver on commercial frequencies is indeed illegal. However,
operation of a commercial radio on amateur frequencies is perfectly
legal, as long as one holds an appropriate amateur license.

Operation of an amateur radio on MARS or CAP frequencies is
probably OK as long as you're authorized for such (as in being a MARS or
CAP member), and your radio meets the technical standards of MARS or
CAP. Someone from one of those organizations would be a better one to
ask.

If so, can someone point me to a website, whether on the FCC's site or
ARRL's site or someplace else that shows this? Again, I assumed it was
not legal to use a modified ham radio on such non-ham frequencies, but
I've heard from others that it is. Just wanted to clear the air.


Of course. The section that you want is 90.203. Here's a link.

http://frwebgate.access.gpo.gov/cgi-...TLE=47&PART=90
&SECTION=203&YEAR=1998&TYPE=TEXT

Or, if that one screws up due to its length...

http://makeashorterlink.com/?P1425178D

Happy researching.


--
Dr. Anton T. Squeegee, Director, Dutch Surrealist Plumbing Institute
(Known to some as Bruce Lane, KC7GR)
http://www.bluefeathertech.com -- kyrrin a/t bluefeathertech d-o=t calm
"Salvadore Dali's computer has surreal ports..."