Can I get into trouble for ordering and programming 2-way radios for my company that I know aren't legal or does the company take the heat?

Question

Who would get in trouble here? My supervisor wants me to purchase some really cheap BaoFeng model 888S 2-way radios and programming cable/software for the company. I can't find any license information, so I doubt the company has the proper business band license, they just picked a couple frequencies and started using them hoping they won't get caught. Now they came up with the bright idea to make each employee pay $15 for their radio and each employee would have their own radio. Even at $15 each, 20 radios puts us way over budget.

Who gets in trouble here if we get caught? The company for demanding I order and program the radios they want? Me for being stupid enough to do it or all the employees who had to purchase their own radio. I just know when it hits the fan the company will say they don't have any radios, the employees each have their own.

I know these radios aren't certified by the FCC for commercial use and since I can't find any license information for the company I can only assume they don't have one, they said I would be instructed what frequencies to program into the radios when they arrive and that's all I needed to know. I tried to argue with my supervisor that we need reliable radios with the proper license but I was given until Friday. I can either order the radios they want or be replaced with someone who will. We are about 5 miles outside the city limits and there isn't much chance someone would hear us without being on the property.

Answer 1

The radios do not have to be certified for commercial use.

BUT if the transmit power is over 100 milliwats the owner has to be licensed or the ocmapny using has to be licensed.

If the freq happens to cause problems with other legal radios and someone complains the FCC will be after both the company and the owner of the radio. Not the programmer.

If the freq is one used by hams then you can be sure as soon as someone hears business speech on those freqs they, not them slow undermnanned FCC, will track the radio down and then report to FCC for fines.

Answer 2

Can I get into trouble for ordering and programming 2-way radios for my company that I know aren't legal or does the company take the heat? >>> no one can say for sure who all would get in trouble for doing illegal things - you or the company, it could be both you and the company... OR ... the company will throw YOU under the bus to save their butts ! Don't break laws and YOU have nothing to worry about !

Answer 3

The radio is perfectly legal to purchase and own. You cannot get in any trouble whatsoever with the law for owning that type of radio. Where you break the law is when you transmit on one of these radios on any frequency other than an FRS. on any of the FRS frequencies, you do not need a license.

Answer 4

My guess is the company would take the heat unless an employee takes the radios from them. Then the employee may take the heat too. I would just report it to the FCC and let them investigate.

Answer 5

Put your concern in writing.



That way, you're covered when the government shows up. You're not a lawyer, so bump it up to someone who is paid to care.