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Old Feb 28, 2013, 06:23 PM
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Kilrah's Avatar
United Arab Emirates, Dubai
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Quote:
Originally Posted by aeajr View Post
But one designated for the USA might cross some lines in Europe. Do I have this right?
Yep. Actually here a few RC shops got fined in the past when they started importing the first Spektrum radios from the US and reselling them, before Spektrum had an EU version and distribution chain set up.

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Originally Posted by aeajr View Post
And we don't really know what this Orange module is doing, or do we?
Nope... I should take the SA out of the cupboard one of these days.
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Old Feb 28, 2013, 06:34 PM
RC beginner
New York
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ok simon, i got about half way through your list of fcc sanctions and didnt see any sign of part 15 user violations. lots of those well known megawatt florida stations we all know and love (i get some up here) and companies trying to skip testing regs but nobody apprehended for having one of those deadly hk modules. or anything close.
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Old Feb 28, 2013, 06:52 PM
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New York
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Originally Posted by SimonChambers View Post
Oh, you imported it... That's against the law ya know?
no im not an importer. maybe tony hand or his usa office manager might get the hot seat, and id give them up in a minute, but not me.

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Originally Posted by wordnetweb.princeton.edu/perl/webwn
importer; n. someone whose business involves importing goods from outside (especially from a foreign country).
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Old Feb 28, 2013, 06:58 PM
Radio? Screwdriver!
United Kingdom, England, Bristol
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Originally Posted by dave1993 View Post
ok simon, i got about half way through your list of fcc sanctions and didnt see any sign of part 15 user violations. lots of those well known megawatt florida stations we all know and love (i get some up here) and companies trying to skip testing regs but nobody apprehended for having one of those deadly hk modules. or anything close.
You said that the FCC doesn't target individuals - however as the headlines show they do target individuals. Of course, no doubt these 'headlines' are the high profile outcomes. Many more no doubt are not made public.

Like I said earlier, the chances of getting in trouble with importing and using one of these modules is fairly slim. Likewise, if your in the middle of nowhere speeding in a car, the chances of getting in trouble are fairly slim. But not getting caught doesn't mean its legal or something to advise people to do!

If an individual did get caught, depending on the nature of the reason (and what caused you to get caught), you may just find yourself with just a slap on the wrist and the equipment confiscated.

Of course it entirely depends on the nature of the reason, but even crazy stuff has happened with certified devices that are faulty. No its not a OrangeRX module, but neither was a set top box receiver was supposed to transmit on those frequencies. If any such interference happened, without that FCC ID, there is no traceability that the module conforms to the standards and not cause the interference.

Si.
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Last edited by SimonChambers; Feb 28, 2013 at 07:04 PM.
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Old Feb 28, 2013, 07:03 PM
Radio? Screwdriver!
United Kingdom, England, Bristol
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Quote:
Originally Posted by dave1993 View Post
no im not an importer. maybe tony hand or his usa office manager might get the hot seat, and id give them up in a minute, but not me.
http://www.merriam-webster.com/dicti...0&t=1362096058
Quote:
2: to bring from a foreign or external source: as
a : to bring (as merchandise) into a place or country from another country
http://dictionary.cambridge.org/dict...ter?q=importer
Quote:
› COMMERCE a person or company that buys goods from another country in order to sell them:
You can state many different dictionaries, and they'll all say something different. Hardly something to base legal advice on.
...........................
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Last edited by SimonChambers; Feb 28, 2013 at 07:14 PM.
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Old Feb 28, 2013, 07:13 PM
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thank god i have no plans to sell my orange module.
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Old Feb 28, 2013, 07:20 PM
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Originally Posted by SimonChambers View Post
You said that the FCC doesn't target individuals
dont think i actaully said that. in fact stated clearly that if ANYONE caused serious interference with commercial/emercency operations then there would most likely be more than a warning. we do seem to agree that, like nearly all govt agencies, w/o formal complaints little action of any kind will be taken. so probably is true that fcc dont actually TARGET individuals.

its really funny to find myself on this side of the argument. usually im the one complaining the fcc is not doing its job and scooping up the huge percentage of abusers in this forum and the hobby in general.
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Old Feb 28, 2013, 07:36 PM
Radio? Screwdriver!
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Originally Posted by dave1993 View Post
thank god i have no plans to sell my orange module.
I can't believe I'm having a stupid argument about semantics. The quotes above were merely to show that dictionaries don't agree and thus not really suitable for analysis...

Here is another one on a US specific site by a carrier company, written to specifically to define words of interest in the postal world:
Quote:
Importer
The company or person responsible for bringing goods or merchandise into a country.
http://us.dhlglobalmail.com/mail-and....aspx?Letter=i

Everything I've ever seen with customs and the postal system, if you are importing something into a country, you are an importer. Even if its only one item. That's good enough for me and good enough for DHL.

Like I said, its up to you what you do, but the facts are, you are an importer, and its illegal to import a non-certified FCC device into the US - with a few exceptions that won't apply to the majority of modellers.

Si.
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Old Feb 28, 2013, 07:52 PM
Radio? Screwdriver!
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Right that's enough from me, this argument has developed into the pointless and I have better things to do (such as sleep).

Others can see both sides of the argument and they can form their own opinions on whether they are breaking the law or not, if they should get a OrangeRX module or not and, finally, who is right and who is wrong.

Si.
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Old Feb 28, 2013, 11:14 PM
Proud member of LISF and ESL
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OMG do we really think the FCC is going to hunt Dave down? I think not.

We just need to be sure we don't fly near him.
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Last edited by aeajr; Mar 01, 2013 at 08:52 AM.
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Old Mar 01, 2013, 07:39 AM
RC beginner
New York
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truth be told if i had a $5000 plane i wouldnt fly near him either. not because of the uncertified orange module, but because he is one of the worst pilots ever.

seriously though, as i said earlier with that kind of plane i would probably use only the best most reliable (and probably most expensive) gear. even if there were no real technical advantage the PERCEIVED benefit would provide peace of mind. plus it wouldnt look cool if the other guys at the field saw me using a turnigy radio and lemon rxs.

hmmm... dont see why simon seems to get so frustrated when i agreed with all his links and dictionary defs. we appear to be in sync over the fact that it aint really illegal to USE a non-certified radio but it was definitely a bad idea to merchandise or sell them. at least in sync with his excellent links and quotes.
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Last edited by dave1993; Mar 01, 2013 at 08:37 AM. Reason: poor simon
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Old Mar 01, 2013, 08:26 AM
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Originally Posted by SimonChambers View Post
Right that's enough from me, this argument has developed into the pointless and I have better things to do (such as sleep
If you can bear it ... is this the same in the UK ... illegal for an individual to import non-CE marked kit for their own use? And illegal to use as a private individual, ie not in the workplace? I must admit that I thought it wasn't on either count, but am not an expert.
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Old Mar 01, 2013, 08:41 AM
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USA, NC, Wilmington
Joined Sep 2010
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Quote:
Originally Posted by aesmith View Post
If you can bear it ... is this the same in the UK ... illegal for an individual to import non-CE marked kit for their own use? .

Only arguing the fact that the box and the module have the CE mark on them, not if it is proper.
But, again, the CE mark is on the box and on the module itself.
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Old Mar 01, 2013, 08:55 AM
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For those who are interested, I contacted the AMA technical director about this. His response was that it is up to the individual to insure that their equipment is legal and FCC compliant. Natually that woud be achieved by confirming the FCC compliant markings.

I have issued a warning to my club and the readers of my newsletter, some of whom are members of other clubs.

Nothing would please me more than to find that the latest batch of Orange modules are coming out with the proper FCC markings. If someone finds and confirms that, I will certainly share that information too.
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Old Mar 01, 2013, 09:01 AM
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Deutschland, Hessen, LA
Joined Jan 2009
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Quote:
Originally Posted by aesmith View Post
If you can bear it ... is this the same in the UK ... illegal for an individual to import non-CE marked kit for their own use? And illegal to use as a private individual, ie not in the workplace? I must admit that I thought it wasn't on either count, but am not an expert.
The odd EU law.
The term of interrest is "Inverkehrbringen" placing on the market. (english is much shorter as german)

http://www.ce-richtlinien.eu/richtli..._Leitfaden.pdf

12
Inverkehrbringen
Inverkehrbringen ist jedes Überlassen eines Produkts an einen anderen, unabhängig davon, ob das Produkt neu, gebraucht, wiederaufgearbeitet oder wesentlich verändert worden ist.
Die Einfuhr in den Europäischen Wirtschaftsraum steht dem Inverkehrbringen eines neuen Produkts gleich.

The last sentence indicate clear.
Import from outside the EU in the EU is equal to placing on the market.
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