ef.
If that is the case, then it seems pretty straightforward to crack down on the illegal operators. The whole "x can be used for bad, so let's outlaw x" can be dangerous. Sometimes it is justified, but the same reasoning can be applied to just about everything on earth.
There's an obvious logical step here, radios aren't designed to kill things but that's strayubg into an area that's contentious enough already so let's not dwell on that.
I do think having a radio in the hands of someone who knows nothing about how to use it is a risky proposition, at leas the YaeKenCom radios which are limited to the ham bands (unless someone has done the MARS mod which seems very common over in the US) only allow those who know nothing to interfere with us hams and not some critical service.
There are certain Baofengs that bear an FCC mark (mine is one of them) and as such it'd be interesting to see how they're dealt with or if indeed they're carrying that FCC mark legally!
The FCC have stated, informally, that if you're using a Baofeng legally on bands you're licensed for then they're unlikely to take issue with it.
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I saw video on youtube where they did their own testing of the boafung handhelds in a way similar to what the FCC does and it was over powered and way over modulated and had harmonics all over the place. The FCC approval is probably just a sticker. You can transmit on the weather bands with mine and everything that you can receive you can transmit less the FM Broadcast bands.
They are good if you need a cheap two way radio and you need more range then those junk "business band/MURS?" radios they sell for hikers and skiers etc with "2 mile range*
*2 miles was line of sight no obstructions in ideal conditions That's actually what it says on the box. Any obstruction and those radios don't work, even if you are 20 feet below a hill they won't go to the other side, they are basically toys. I'm not saying you shouldn't use them without a license, I don't, but if you needed a short term solution and were mindful of the rules, say hiking in a really remote area where no one is for miles or cell phones don't work, then no harm no foul since no one will even hear you let alone interfering with others.
Using them around critical infrastructure even with a license can cause problems. But for me the cost of entry was huge, while I got into the hobby when I was a kid and had money back then, I can't afford a nice radio now, I'm still saving up for a SW rig but that might not be possible now due to cost and not being able to work. Sucks because now that I have time, lots of time and I have no money.