On Wed, Apr 17, 2013 at 9:59 PM, amfone <amfone20...@yahoo.com> wrote:
> Brian > > All good points. > > Section 302(b) of The Communications Act of 1934 as amended notes that " > no person shall manufacture, IMPORT, sell or manufacture or offer for sale > or ship a device" which fails to comply with the rules of this act, this > act applies to part 97 as well. > > I think the key term is " no person", in purchasing the Apache the > individual is importing the radio. In essesnce you are breaking the rule > but if there is any enforcement based on this you have a point, however not > disagreeing with your well placed logic the buyer is certainly on the hook > if something go wrong. > > > As far as Apache are they importing the radio or just shipping, so again > good point but not yet willing to concede. > The reality is that they are making the radios and people in the US are buying the radios. And the radios seem to work pretty well. I know that if I were Flex Radio Systems I would looking into ways to stop Apache Labs or at least slow them down. Flex has had a commanding lead in the SDR ham transceiver market. Having another DDC/DUC transceiver (effectively) on the market could make things interesting. > On their site they do note they plan on selling, I'm paraphrasing now, > with destributors all over the world, so at some point they will need to > meet the FCC certification if they want distributors in this nation. > No question about that at all. > Certainly if a commercial dealer imports and sells the devices they will > need to be certified, doing so without certification will be in violation > of the act noted above, agree! That is the commercial sale within this > nation via a distributor will need certification. > I agree 100%. So finally you may be correct that it will be on the ham who imports the > radio to be certain it meets specs but I would not rule out that little > import issue being used if someone is failing to correct a radio which > "complies with part 97" but has not been certified, long shot but it may be > tossed in to add to the violations. > And I think you are probably right about that as well. -- Brian Lloyd, WB6RQN/J79BPL 706 Flightline Drive Spring Branch, TX 78070 br...@lloyd.com +1.916.877.5067 (USA) _______________________________________________ FlexRadio Systems Mailing List FlexRadio@flex-radio.biz http://mail.flex-radio.biz/mailman/listinfo/flexradio_flex-radio.biz Archives: http://www.mail-archive.com/flexradio%40flex-radio.biz/ Knowledge Base: http://kc.flexradio.com/ Homepage: http://www.flexradio.com/
