arggh: after digging, here's the link to the actual NOV:
http://www.fcc.gov/eb/FieldNotices/2003/DOC-296584A1.html



>
>    So, what's to stop someone from saying they programmed a freq for 
> emergency use only? Why else have the exception, unless you are expected to 
> have an "unauthorized" frequency programed in your radio?
>
>    So, the exception (90.417) clearly makes 90.427 un-enforceable UNLESS you 
> can prove intent to operate on the "unauthorized" frequency for NON-emergency 
> communications. The school was operating on the frequency, but they don't say 
> what kind of communication was involved.
>
>    --- In Repeater-Builder@yahoogroups.com, wd8chl<wd8...@...>  wrote:
>    >
>    >  In February, a large two-way radio dealer was issued a Notice Of
>    >  Violation (NOV) by the FCC for adding a frequency into radios that the
>    >  customer was not licensed for. The Notice stated that Section 90.427(b)
>    >  prohibits programming into a transmitter frequencies the licensee using
>    >  the transmitter is not authorized for.
>    >
>    >  Make sure your customers are licensed for the frequencies you put in
>    >  radios you sell!
>    >
>    >  Information from Mission Critical Magazine, May 2010. FCC enforcement
>    >  case NOV 201032900008.
>    >  ---------------------
>    >  Jim Barbour
>    >  Transcore
>    >
>
>
>
>

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