FCC issues citation and order against dealer of non-compliant Chinese radios

Although Amcrest Industries was the only entity cited by the FCC in this order, Crosby said the company is just “the tip of the iceberg,” Crosby said, applauding the FCC’s action.

“Don’t forget, you can buy these radios from a variety of other sources—Amcrest isn’t the only one,” he said. “I think you can go online, and you can buy them from the big online retail organization.

“But you have to start somewhere, and this is a good start. Maybe others who are involved in similar activities will take notice. One can only hope.”

Christopher Imlay, a communications lawyer with Booth, Freret & Imlay, echoed this sentiment, noting that FCC enforcement can deter other entities from breaking the agency’s rules.

Imlay, who represents the Amateur Radio Relay League (ARRL), said that many of these non-compliant Chinese radios enter the market under the guise of being sold as amateur-radio devices.

“Unscrupulous manufacturers that don’t want to go through the expense of having lab testing and testing for maximum permitted levels of RF radiation and for body-worn handheld portable devices—and the delay that those processes necessarily incur—will just import equipment and call it amateur-radio equipment,” Imlay said during an interview with IWCE’s Urgent Communications. “But, when they bring it in and it’s sold on Amazon, eBay and Walmart stores, it’s really being marketed to the general public.”

ARRL considers the matter to be a “completely untenable situation,” Imlay said.

Imlay, who also represents JVCKENWOOD, said that these radios have resulted in a “huge explosion in unlicensed VHF and UHF operation.”

In addition, the non-compliant Chinese radios in the U.S. often are being sold at “ridiculously low” prices, Imlay said.

““You can buy these UHF and VHF radios from Baofeng for $20-25 apiece,” he said. “The low price points that these radios are being retailed at has a significant impact on the ability of rule-compliant manufacturers to market their own products. So, some of the other members of LMCC and EWA are taking that matter to the Justice Department.”

Another issue associated with the non-compliant Chinese radios include the fact that user can program many of them to operate on a wide variety of spectrum without any prior permission or notifications, Imlay said.

In addition, some non-compliant Chinese radios operate at much higher power levels than devices certified by the FCC. Not only does this increase the possibility for unwanted interference, but they could create a health risk to users, Crosby said.

“I wouldn’t want to hold some of these 10-watt little devices against my ear,” Crosby said. “That’s why they have compliance regulations. You’ve got to make sure that you don’t harm the user.”