On Wed, Apr 17, 2013 at 3:00 PM, amfone <amfone20...@yahoo.com> wrote:

>  I just looked up Apache Labs and their SDR radios.
>
>
> Now on the web page in small print it notes " complies with part 97 of the
> FCC rules" which means nothing without receiving FCC certification.


Not so fast. What it means is that if you, as a ham, buy one, the
manufacturer claims its emitted signal quality meets FCC signal purity
requirements. Of course, you are on the hook to ensure emitted signal
quality but this suggests that it might be reasonable for you to assume
that it does so right out of the box. Of course, Caveat Emptor. YOU are on
the hook for the signal quality. OTOH, YOU are on the hook for the quality
of your emitted signal anyway. (And looking at the CW signals coming out of
some Yaesu rigs, it is clear that not a lot of people actually check the
quality of their emitted signal. :-)


> Certification allows the device to be sold, imported, listed for sale or
> manufactured in the USA.


Are you sure about imported? Certainly they can't sell them to HRO or AES
to be resold in the US, but what law prevents me from buying a radio
outside the US and bringing it in to use on the ham bands? I am on the hook
to ensure that the emitted signal meets, "best accepted engineering
practices," but that is about it.


> You will note when Icom, Kenwood etc. release a new radio a statement will
> be issued with the advertisement something to the effect " not for sale
> pending FCC Certification", the print is small but its right there on the
> page in QST.
>
> So my question, does anyone know if Apache Labs has met FCC certification?
>

And perhaps the next real question is, "Does it matter?" As far as I can
tell, Apache Labs is not selling their products in the US. They are selling
them in India via website and if you choose to buy one and then import it
to the US, well, that is your lookout.

So the key is the difference between selling and using. There is nothing in
the rules that says that hams have to use equipment that has received FCC
type certification. If there were, we could not legally home-brew
equipment. So, does that mean that you can buy a radio from Apache Labs,
have it shipped to you, and then use it freely in the US? I don't know of
anything in the law that would prevent you from doing so but I am not well
versed with international trade law nor do I play an attorney specializing
in international trade law on TV.

OTOH, if you buy one, put it on the air, and your signal nets you a pink
slip, you can't blame the manufacturer.

-- 
Brian Lloyd, WB6RQN/J79BPL
706 Flightline Drive
Spring Branch, TX 78070
br...@lloyd.com
+1.916.877.5067 (USA)
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