The FCC has issued a Citation and Order (Citation) to Amcrest Industries, LLC (formerly Foscam Digital Technologies, LLC), an importer and marketer of popular and inexpensive Baofeng hand-held transceivers, alleging that the company violated FCC rules and the Communications Act by illegally marketing unauthorized RF devices.
The FCC asserts that Amcrest marketed Baofeng model UV-5R-series FM hand-held radios capable of transmitting on “restricted frequencies.” The Baofeng models UV-5R and UV-5R V2+ were granted an FCC equipment authorization in 2012 to operate under Part 90 Private Land Mobile Radio Service (Land Mobile) rules.
“Under § 2.803 of the Commission’s rules, an entity may not market a device that is capable of operating outside the scope of its equipment authorization,” the FCC Citation said. “RF devices that have been authorized under Part 90 rules, such as the model as issue, must operate within the technical parameters established in those rules.” The FCC also maintained that the UV-5R 2+ is capable of operating at 1 W or 4 W, while the Part 90 Equipment Authorization limits the power output to 1.78 W.
Amcrest conceded that the units were capable of operating on restricted frequencies but told the FCC that, per discussions with the manufacturer, were “only capable of operating at 1 W, the FCC said. The company instructed the manufacturer to fix the problem and later confirmed with the manufacturer that all Amcrest inventory on order and in the future would operate only on 145 – 155 MHz and 400 – 520 MHz.