"K0HB" wrote in message
om...
I was under the impression (apparently mistaken?) that a licensed
amateur could possess any sort of equipment (commercial, homebrew,
converted surplus) or whatever. I know of no rule against MODIFICATION
of equipment, even if that modification permits operation outside the
amateur bands. The rules properly speak to signal purity, staying
inside the assigned bands, etc., etc., but do NOT seem to prohibit
modifications of factory-built equipment. (In fact, I could probably
make an argument that the FCC rules ENCOURAGE tinkering and
experimentation of this sort!)

However I note the FCC has required at least one licensed ham, Michael
V. Swift, KG6QOB, to restore a rig to "original manufacturer's
specifications".

("You are directed to have the transceiver returned to the original
manufacturer's specifications by reinstalling the jumper wire which
the cutting or removal of permits operation outside the amateur bands.
The jumper wire must be repaired or installed, and encapsulated with
epoxy or similar material to preclude future modification. After the
repair is completed you are directed to bring the transceiver to this
office so that the repair can be confirmed and related technical
measurements can be made.

You have until July 7, 2003 to respond to this inquiry and to provide
the repaired transceiver for inspection.")

While I understand the reason for the action (malicious interference
and false distress signals on marine frequencies), it strikes me that
this particular remedy is not supported by the law, and might set a
precedent for de facto "type acceptance" in the Amateur Radio service.

What say, ye lawyerly types?

73, de Hans, K0HB

since the interference was on marine frequencies it would sound like the
sanction was not specifically aimed at his actions as an amateur licensee.
but rather it was in his guise as a marine radio operator who's radios must
be type accepted and can not be modified that he was penalized. that he
also happened to be a ham was probably secondary, though there is precedent
for non-amateur activities causing the fcc to cancel or not renew amateur
licenses. if he had modified the radio and used it on amateur frequencies
to cause interference there would probably not have been a requirement to
'fix' the radio unless maybe if the modification had caused excessive signal
bandwidth or out of band spurs... and then it would probably have been a
requirement to make the radio conform to amateur specifications for
bandwidths and spurious emissions rather than back to the manufacturer
specs. i would say he got off easy, the fcc could have just confiscated the
equipement, canceled his license, and fined him and been done with it.