"Jim Lux" wrote in message
...
Cecil Moore wrote:
Gene Fuller wrote:
Unless "John Smith" has a "certificated for use in the amateur service"
5 kW amp (highly unlikely that one could find such a critter) or
"constructed or modified" the 5 kW amp then it is not legal for amateur
use at any power setting.

"Modifications" are trivially easy.

Like..

The front panel has been modified to add a placard indicating that
operation at more than XXX plate current is not permitted when operating
in amateur bands.

And that whole "offered for sale" kind of thing is a huge regulatory
morass, with a lot of "guidance" from local FCC officials on what might or
might not prompt more attention. It's one thing to have an obscure ham
oriented website and sell widgets obviously intended only for hams..
another to have a big online-store and sell obviously commercial products
with a "wink, wink" disclaimer about only selling to hams, when in
actuality, anyone with a credit card can get it.

The FCC enforcement logs are full of things like folks are selling
"experimenter" video transmitters, but doing no substantive validation of
the buyer. Ditto the stores selling various and sundry CB equipment.

----------------

Anyone can own any piece of radio gear legally. Restrictions are on sales
and usage.

So, while it is not unlawful to own a 10kw AM transmitter, even by a CB
operator, or someone that doesn't operate radio at all, it IS
illegal/unlawful for a business to sell new equipment to those without legal
qualifications.

What about salvaged/junk transmitters? I don't know.

Much has changed over the years, but "presumed innocent until proven guilty"
still carries a little weight here and there.

Ed Cregger