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Thread: Newbie legality question baofeng handheld and work

  1. #1

    Default Newbie legality question baofeng handheld and work

    Ok I'll try to cut right to it but do have to get some prelims out of the way, I'm a yard jockey and I have to monitor two radios for work, and I saw the baofeng uv-82hp has the dual PTT which seems perfect. Our radios are junk and no-one wants to spend money for upgrades. I want to get into the whole HAM thing anyway and am currently studying to take my test in August. I did buy the radio mainly because of a generous unknown litigation between Apple and Kindle I spent very little money out of pocket on it. ( I read a lot lol)

    Ok now my question, Is there any reason I can't just program in those two frequencies, keep it at the 1 watt power output and use this radio for work? I know just enough that I don't know enough not to get myself in trouble. The way I see it is, hell, we have a bunch of people on the same frequency that have absolutely no clue or care about this type of stuff, why would my radio be different? Except for maybe power output.

    Thank you in advance for any information.

    Oh yeah just to make clear, This will be for just me, I wont let anyone else touch it because I know that some channels can not be broadcast on and others just don't have the care or knowledge to not do it. I have yet to transmit on this radio solely because I don't know enough, but I'm trying to learn.

  2. #2
    syntaxerrorsix's Avatar
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    You cannot legally use any Baofeng radios on FRS. They transmit beyond the legal limit and they have a removable antenna.

  3. #3

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    Quote Originally Posted by Scorcher21 View Post
    Ok I'll try to cut right to it but do have to get some prelims out of the way, I'm a yard jockey and I have to monitor two radios for work, and I saw the baofeng uv-82hp has the dual PTT which seems perfect. Our radios are junk and no-one wants to spend money for upgrades. I want to get into the whole HAM thing anyway and am currently studying to take my test in August. I did buy the radio mainly because of a generous unknown litigation between Apple and Kindle I spent very little money out of pocket on it. ( I read a lot lol)

    Ok now my question, Is there any reason I can't just program in those two frequencies, keep it at the 1 watt power output and use this radio for work? I know just enough that I don't know enough not to get myself in trouble. The way I see it is, hell, we have a bunch of people on the same frequency that have absolutely no clue or care about this type of stuff, why would my radio be different? Except for maybe power output.

    Thank you in advance for any information.

    Oh yeah just to make clear, This will be for just me, I wont let anyone else touch it because I know that some channels can not be broadcast on and others just don't have the care or knowledge to not do it. I have yet to transmit on this radio solely because I don't know enough, but I'm trying to learn.
    Quote Originally Posted by syntaxerrorsix View Post
    You cannot legally use any Baofeng radios on FRS. They transmit beyond the legal limit and they have a removable antenna.
    Ok, I read the original post three times. Show me where he said they were using FRS radios at his employment...

    IF (and only IF) your employer is licensed in the land mobile radio service (FCC Part 90,) then it's likely you could use the Baofeng for work. Many Baofengs carry an FCC Part 90 certification. They will also transmit on the ham bands. No certification is required under the amateur rules (Part 97.)

    If your employer is using FRS, GMRS, or MURS then you cannot use the Baofeng UV82HP as it doesn't carry the certification for those radio services.

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    Quote Originally Posted by K6CPO View Post
    If your employer is using FRS, GMRS, or MURS then you cannot use the Baofeng UV82HP as it doesn't carry the certification for those radio services.
    If the employer is using FRS or GMRS for business/commercial purposes, they're going to be in trouble soon anyway. The FCC has been going after such for a while now, including a few cases local to me.

    http://transition.fcc.gov/eb/Orders/...-11-157A1.html

  5. #5

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    Quote Originally Posted by WX4LTG View Post
    If the employer is using FRS or GMRS for business/commercial purposes, they're going to be in trouble soon anyway. The FCC has been going after such for a while now, including a few cases local to me.

    http://transition.fcc.gov/eb/Orders/...-11-157A1.html
    I read that entire FCC finding and nowhere did it state that the party was being penalized for using GMRS for commercial purposes. The only reason they were receiving an NAL was because they "willfully" used the service for a period of time with no license.

    I also looked at the GMRS rules and didn't find anything specifically prohibiting the way they were using the radios. However, there are several clauses in the rules that could be open to interpretation.

  6. #6

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    Quote Originally Posted by K6CPO View Post
    I also looked at the GMRS rules and didn't find anything specifically prohibiting the way they were using the radios. However, there are several clauses in the rules that could be open to interpretation.
    This may be more clear: http://www.arrl.org/news/fcc-fines-f...rs-frequencies

    Also, from the original link:

    2. The GMRS is a "land mobile radio service available to persons for
    short-distance two-way communications to facilitate the activities of
    licensees and their immediate family members." The party responsible
    for any GMRS station must obtain a license prior to transmitting on
    any channel authorized in the GMRS, and only individuals are currently
    eligible to obtain, renew, and modify GMRS systems.
    and

    6. Scottsdale Lexus admitted in its LOI Response that it operated its
    mobile units on GMRS channels without Commission authority in
    connection with day-to-day operations at its dealership in Scottsdale,
    Arizona from early April 2009 until January 28, 2010, when the
    Division sent Scottsdale Lexus an LOI. By operating the mobile units
    on the GMRS channels without a license, Scottsdale Lexus
    apparently willfully and repeatedly violated section 301 of the Act and
    sections 1.903(a) and 95.3 of the Rules. Moreover, we note that as a
    business entity, Scottsdale Lexus is not even eligible to obtain a GMRS
    license.
    Last edited by WX4LTG; Thu 28th Jul 2016 at 12:21. Reason: Clarification/quote

  7. #7
    syntaxerrorsix's Avatar
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    He doesn't have a ham license or GMRS. Most assume they can naturally use FRS because you don't need a license. I extrapolated the information I needed based off having the conversation about a thousand times with folks that are not licensed.

    I'd be really surprised if he came back and said I was wrong.

    ETA

    I also somehow doubt that his company is all related so they would all need to have GMRS licensing.
    Last edited by syntaxerrorsix; Fri 29th Jul 2016 at 14:55.

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