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.