I agree, in general GMRS license holders should be given the same freedom on that band as HAM operators do in their bands, there is a band plan that is allocated with power and bandwidth requirements just follow it, thats the way the more advanced GMRS users have been handling it.. If your using anything more than off the shelf FRS radios, you needa license up and support the band and its continued existence/development.
It was intended for these uses we are using it for, dont let a little semantics get in your way.. and honestly the device certification thing is more applicable for those selling radios than those of us using em and I think thats what catches people up.. using a non certified device in the FRS/GMRS bands is not really a problem if your following the bandplan and not abusing it, its manufacturing and distributing FRS or GMRS radios that require the certification and thats why the HAM loophole exists.. FCC does not go after station operators for using uncertified equipment, only for violating license restrictions.. if they do, unfortunately in the city here most FRS/GMRS usage seems to be illicit commercial activity, I hear the old folks home, a few night time office security and cleaning crews more than I do private individuals.. GMRS has no self-policing of the band that HAM has, If you throw a pirate/rouge/broken station up on any HAM band around these parts and the'll fox hunt **************** down in no time at all.. just for fun.
dread, your post is most in line with how I'm seeing this whole thing, plus I've gained a lot of insight from the other posts here.
Let me preface this next part with this: I UNDERSTAND CURRENT HAM LICENSING DOES NOT COVER ACTIVITY ON GMRS. I get it. That wasn't my point in the first place.
So, having said that...
In a perfect world, if the government trusts ham licensees to build their own equipment and operate at 1500 watts within frequency bands that can transmit for 1000s of miles (under the right conditions and license level), then why aren't they trustworthy to operate at 2 watts on shorter-distance GRMS frequencies? Why not include legal access to GMRS in the ham license? Keep the GMRS-only license for people or groups that only want utility communication. In fact, drop the cost of GMRS to a test-free $30 and make the tested ham tech license $40 instead of free. Make General and Extra license upgrades tested but free. This could then allow legal use of non-certified (ham) equipment to expand and support GMRS use as long as it was done by a ham licensee since they have demonstrated the knowledge required to do so appropriately. It would also help regulate the GMRS world given that hams are such self-police sticklers. I think this would encourage people to get a GMRS license but would also increase the number of people getting ham licensed, and grow what has been a declining hobby.
The way I see it, the recent upswing in ham adoption would largely have been negated if people had access to good, fully developed GMRS equipment like dread mentioned. IF the equipment was in the market and the repeaters were on the ground, I can't imagine the growing overlanding/adventure world choosing to go through testing, get ham licensed, and operate on different frequencies. GMRS could easily kill the ham world. But instead, why not leverage GMRS use to help expand the ham hobby? By adding it into the ham license you capitalize on the strong knowledge base of the hammers to facilitate easy general use, and you would inevitably draw more of those casual users deeper into the hobby.
I agree with Dreadlocks, the testing and certs on the equipment is a manufacturer/FCC issue, not a user issue. If the FCC allows a radio to be sold that can TX on frequencies that it's not certified for, that's an enforcement issue and should be addressed.
EDIT: And incidentally, I'll be getting a GMRS license now as well. You have to play by the rules even if you think they're dumb.