[jlarocco]

It is up to the end user to not break the law. But...

> In its earlier Forfeiture Order, the FCC said it had made clear that “[d]evices used in the Amateur Radio Service do not require authorization prior to being imported into the United States, but “if such equipment can operate in amateur and non-amateur frequencies, it must be certified prior to marketing and operation.” The FCC investigation found that 65 models of devices marketed by HobbyKing did not have the required FCC certification.

It's also up to the equipment manufacturer or importer to make sure the equipment they sell in the United States is certified by the FCC.

[tdeck]

Just to add more context to this - it's easy to create a radio device that outputs RF on frequencies outside the intended range. This is one of the main reasons we have the certification requirements to begin with. It would be bad enough to do it by mistake, but these things do it by design.