I felt the previous attempt at determining whether crystal swapping was legal or not was one sided, so I sent the following e-mal to the FCC. I also sent a copy to Carl Maroney and Steve Kaluf, the AMA Technical Director. The answers are in posts following this one, due to size restrictions on posts. Since, ultimately, the AMA attorneys have explored this issue, I, personally, accept this as definitive:

“I have a question about an apparent conflict of information relating to Radio Control transmitters. On the FCC website, at http://wireless.fcc.gov/commoperators/wncol.html it is stated that:

*****************
“ Radio Maintenance and Repair
You need a commercial radio operator license to repair and maintain the following:
• All ship radio and radar stations.
• All coast stations.
• All hand carried units used to communicate with ships and coast stations on marine frequencies.
• All aircraft stations and aeronautical ground stations
• including hand-carried portable units) used to communicate with aircraft.
• International fixed public radiotelephone and radiotelegraph stations.
You do NOT need a commercial radio operator license to operate, repair, or maintain any of the following types of stations:
• Two-way land mobile radio equipment, such as that used by police and fire departments, taxicabs and truckers, businesses and industries, ambulances and rescue squads, local, state, and federal government agencies.
• Personal radio equipment used in the Citizens Band, Radio Control, and General Mobile radio services.
• Auxiliary broadcast stations, such as remote pickup stations.
• Domestic public fixed and mobile radio systems, such as mobile telephone systems, cellular systems, rural radio systems, point-to-point microwave systems, multipoint distribution systems, etc.
• Stations that operate in the Cable Television Relay Service.
• Satellite stations, both uplink and downlink of all types.”
However, in the CFR’s Section 95.221 (b) it states:
“You are responsible for the proper operation of the station at
all times and are expected to provide for observations, servicing and
maintenance as often as may be necessary to ensure proper operation.
Each internal repair and each internal adjustment to an FCC certificated
R/C transmitter (see R/C Rule 9) must be made in accord with the
Technical Regulations (see subpart E). The internal repairs or internal
adjustments should be performed by or under the immediate supervision
and responsibility of a person certified as technically qualified to
perform transmitter maintenance and repair duties in the private land
mobile services and fixed services by an organization or committee
representative of users in those services.”

My question, specifically, is whether an end user may change crystals in an Radio Control transmitter. Here, again, there appears to be a conflict, since CFR Section 95.645 (b) states:

“An R/C transmitter which incorporates plug-in frequency
determining modules which are changed by the user must be certificated
with the modules. Each module must contain all of the
frequency determining circuitry including the oscillator. Plug-in
crystals are not considered modules and must not be accessible to the
user.”

Which is correct? May the end user change crystals in a Radio Control transmitter, under the new CFR’s issued in 2002 as implied on the first page sited, or, are the older CFR’s of Section 95, which have not been updated as recently, correct?

Thank you for your prompt attention

JR

I received the following reply from the FCC:

-----Original Message-----
From: FCCInfo [mailto:[email protected]]
Sent: Wednesday, March 24, 2004 7:02 AM
To: JR
Subject: FCC Consumer Center response from representative TSR41

You are receiving this email in response to your inquiry to the FCC on 3/24/2004 9:57:43 AM.

The end user is not to change out crystals or make modification to R/C equipment. The end user may switch out certificated modules.

If you need further clarification, an official interpretation from the Commission requires the filing of a petition for declaratory ruling pursuant to Section 1.2 of Title 47 of the Code of Federal Regulations, which states:

s 1.2 Declaratory rulings.

The Commission may, in accordance with section 5(d) of the Administrative Procedure Act, on motion or on its own motion issue a declaratory ruling terminating a controversy or removing uncertainty.

Petitions are filed with the Secretary of the FCC. Information is available at: http://www.fcc.gov/osec/

See: "Guidelines for Filing Paper Documents"

The address for filing petitions for declaratory ruling is:

The Secretary
Federal Communications Commission
Counter TWA 325
445 12th St., N.W.
Washington, DC 20554


Representative Number : TSR41

Response 1) from Steve Kaluf, though Carl Maroney:

The CFR's 95.221 and 95.222 have NOT changed at all looking at the Oct 2003 edition (newest) all the way back to 1997. Nor has subpart E. The argument that has been tested in the past was that Crystals are not "plug in modules which were certificated as part of your R/C transmitter" as indicated by 95.222 as an allowable user change. I can remember this question being bounced to the attorney who came back with the same interpretation we've always had.
That said trying to find out who is really authorized to make changes always proves challenging. The CFR states:
Each internal repair and each internal adjustment to an FCC certificated R/C transmitter (see R/C Rule 9) must be made in accord with the Technical Regulations (see subpart E). The internal repairs or internal adjustments should be performed by or under the immediate supervision and responsibility of a person certified as technically qualified to perform transmitter maintenance and repair duties in the private land mobile services and fixed services by an organization or committee representative of users in those services.
Certainly lots can be argued as to who is really qualified to plug a different crystal in. However, my recollection is that the attorneys determined the end user is not so qualified.


Response 2) From Steve Kaluf, in response to the e-mail sent to the FCC:

I wrote the original response that Carl copied to you. My position has not changed on that. The CFR's have not changed.

What you quote from the web site is probably not technically incorrect however the provisions and regulations within the CFR's would take precedence over anything of this nature, our part of the CFR's clearly state that these "Plug-in crystals are not considered modules and must not be accessible to the user." Additionally as I stated in the first response Carl copied to you, some time ago we had our attorneys that represent us before the FCC evaluate this, they too feel changing crystals is not acceptable when done by the end user.


Response 3) from Steve Kaluf:

This issue continually comes up. In the ten years I've been with AMA I probably deal with it five or six times per year. Forums and newsgroups are wonderful things, but, unfortunately they tend to spread misinformation rather fast and fail to spread the correct information equally as fast.

Thanks for passing the FCC's response along. It's nice to see them actually respond with the correct information for a change too.



(NOTE: these responses are excerpts, names and e-mail addresses have been altered, other than the FCC one.)

Shhhh!

Don't let them know that the crystal is actually accessable to the user!

Some how the rules didn't seem to change what they are addressing.

Now that that has been all cleared up by them red mouthed lyers, I won't be changin' crystals anymore, nosiree, being as how I am an end user (not the kind they have in prisons and californya thogh). I'll hand over the radeo and new crystal to Granny and ask her to do it. If anybody gives her some crap about hows she ain't qualified, they're gonna be in for some real learnin. I'm ordering up her certificate telling how she's qualified from one them Email collidges that gives out deegrees for a small tuishen. I think I'll get me one too, a JD should make me some points with the wimmen.

H

Bak-woods-hick,
Where you been man? We missed ya.

We've had it repeated ad nauseum who MAY NOT change crystals, but never who CAN. What qualifications are NOT required to do it are plainly stated, but never what credentials ARE required. AMA says only the manufacturer is qualified. Maybe that will change if Tony Stilman gets elected to AMA office.
Notice S Kaluf's comment in #2 "Thanks for passing the FCC's response along. It's nice to see them actually respond with the correct information for a change too. "
It's like that other bureaucracy, IRS. If you contact them for interpretation of a provision in the tax code that appears to have been written by some recent immigrant whose native language is Swahili, your odds of getting a correct answer are about 50/50.
Ergo, pick the answer you want and keep asking until they reply with that one.

Abel

Let's see... I can access the crystals and I can buy them at the hobby stores.

Sure I change them! So does half the flyers in the US.

When is the last time you have had a messed up transmiter at your field?

Would you know it if you did? Don't think so.

The problem I see in letting the average "JOE" change crystals is that person not knowing what channel he has at the time of him changing crystals.
So when he turns on his TX he thought that this certain TX and plane was on 36 but he forgot that he changed it to 42, OOOOPPPPSSSS, just shot someone down....................
I have also heard that the new EVO with the synthesizer could be a problem too, capable of tuning your own TX/RX, etc.......

Now with that all said, Have I changed a crystal in my TX/RX.......................

I plead the 5th...............

(can you still plead that????)

IMO

Roger

LOL Well JR I guess you can tell what the populace think of the burecrats. Whose main purpose is to keep enough rules on the books that they rarely have to pay out on a claim.

"The internal repairs or internal adjustments should be performed by or under the immediate supervision and responsibility of a person certified as technically qualified to perform transmitter maintenance and repair duties in the private land mobile services and fixed services by an organization or committee representative of users in those services. "

What "organization or committee" certifies technicians for internal repairs to RC transmitters? Not the AMA, as far as I know. So who? Are shops like Radio South authorized to change transmitter crystals? Is the Futaba service center authorized? I have a commercial FCC license and proper test equipment; am I authorized to change crystals?

No one knows?!

RORO, I don't know what kind of tx you're using, but my hitec crystals clearly have the frequency printed on them, and they are right in the front panel of the tx. I guess they thought it would be easier for them to change it when you send it back to them.LOL

I agree about the frequency being printed on the crystal, BUT what CHANNEL?
Not having one in front of me do the crystals have the channel or freq. on them.

Now, I fly with a JR 8103 and have all my planes on one channel.....

But I do know of some people that fly with three 8103's and only have 1 plane on each radio with different freq (channels)!!!!!!!!!

I do not know why..................

And I aggree with a previous post, why do radio mfg's make it so easy for us to break the law in changing the crystal

Because you can change the crystals in europe. Why make a different radio for both.

The real reason the crystals are easy to remove:::

So you can plug the radio into a computer interface or buddy box and not power up the "RF deck" when you power up the stick position encoding section.

Powering the RF deck with the antenna collapsed (common with flight sim use) can burn out that section of the transmitter. The unloaded output section heats up and can burn out. Pulling the crystal cuts power to the affected section.

If you pulled the crystal ofrom the tX being used as slave onthe buddy box you have prevented the possibility of the trainee flipping the switch on and shooting down some other model.

There is a good reason to be able to easilly pull the original crystal out... and be able to reinsert that same original crystal.

Yes, hitec prints the channel number on the crystal.

Well since the radios in europe are on differant frequencies they already have differant radios for both. The law clearly says they shall not have user accessable crystals, yet the manufactures clearly break the law. They get away scott free but the AMA is going to hammer ignorant Joe blow if they catch him!

Not sure but when you attach the correct buddy cord the RF deck of the slave unit is not powered. I think its when you use a Futaba cord with Hitec, or a buddy up a Hitec and Futaba radio when you have to pull out the crystal. So technically they don't have to make the crystal accessable for that reason.

Merely incidental on some designs... IMHO... there are those TXs that do not interface otherwise and still have crystal changeability....No point FH on that argument IMO

I think so, Roger. If that 5th just happens to be a smooth highland single malt, I'd be honored to join you for a wee dram.

Abel

The reason the crystals are acsessible to the consumer has to be a business/ marketing decision. These things are sold all over the world and not just to people under the jurisdiction of the FCC.

Well Abel I will have that 5th with you if we ever cross paths.......[8D]
Keep one handy just in case[&o]

You don't say...Equally true for FH's theory or any other...go figure a manufacturer making decisions based on profitability...what is this world coming to? Would have never thought of that...Thanks Bum for the insight... As usuall your the man!

I doubt anyone is going to get hammered for changing crystals. My theory is the FCC and radio manufacturers decided to give us a loophole. Sort of an unwritten exemption from the rule. Like, we aren't supposed to change them, but they make it easy and in fact aren't stopping us. Of course if you ask, they must say no.

My radio (8U) has a transmitter module, so this isn't a concern.

Tom

Just how does the AMA hammer anyone? They have no authority. Oh, bet they turn them into the FCC that has little time to chase down such a vicious scofflaw. Anyone name the last person that was removed from the AMA for having changed a crystal. Better yet just name some one the AMA has recently removed.

The reason for the crystal access on transmitters and receivers is that the same cases are sold in countries where it is permissible to change the crystals. Seems to me that this design decision is based on marketing data. Just what does the rest of the world know about changing crystals that the FCC doesn't.