[RFI] ARRL to FCC...

[CR]

When we're cheated by a merchant who sells noncompliant equipment, we 
have to act ourselves to recover the cost of replacing non-compliant 
equiment or bringing it into compliance wit FCC Rules.

The FCC can and does penalize those who unlawfully use, import, 
advertise or sell non-compliant apparatus or equipment.

What it can't do, because Congress won't fund it, is go around looking 
for interference-producing equipment in use. It must rely on complaints 
- and it is as we know predisposed to ignore them if acting would anger 
Congress. Look at BPL!


Cortland KA5S


 From FCC Part 15

15.1
(b) The operation of an intentional or unintentional radiator that is 
not in accordance with the regulations in this
part must be licensed pursuant to the provisions of section 301 of the 
Communications Act of 1934, as amended, unless otherwise exempted from 
the licensingrequirements elsewhere in this chapter.

(c) Unless specifically exempted, the operation or marketing of an 
intentional or unintentional radiator that is
not in compliance with the administrative and technical provisions in 
this part, including prior Commission authorization or verification, as 
appropriate, is prohibited under section 302 of the Communications Act 
of 1934, as
amended, and subpart I of part 2 of this chapter. The equipment 
authorization and verification procedures are detailed in subpart J of 
part 2 of this chapter.

 From Part 2 Subpart I:

§2.803   Marketing of radio frequency products prior to equipment 
authorization.

(a) Marketing, as used in this section, includes sale or lease, or 
offering for sale or lease, including advertising for sale or lease, or 
importation, shipment, or distribution for the purpose of selling or 
leasing or offering for sale or lease.

(b) General rule. No person may market a radio frequency device unless:

(1) For devices subject to authorization under certification, the device 
has been authorized in accordance with the rules in subpart J of this 
chapter and is properly identified and labeled as required by §2.925 and 
other relevant sections in this chapter; or

(2) For devices subject to authorization under verification or 
Declaration of Conformity in accordance with the rules in subpart J of 
this chapter, the device complies with all applicable technical, 
labeling, identification and administrative requirements; or

(3) For devices that do not require a grant of equipment authorization 
under subpart J of this chapter but must comply with the specified 
technical standards prior to use, the device complies with all 
applicable, technical, labeling, identification and administrative 
requirements.




On 3/21/2014 1:20 PM, Kelly Johnson wrote:
> What I
> don't understand is why the FCC isn't willing/able to put the burden of
> fixing it or replacing it on the manufacturer and/or importer.  Why do they
> put the burden on the consumer?