The notice is interesting reading for sure. Frankly, I kind of wondered why companies were getting away with selling radios that would transmit illegally anyway. I mean, why was the FCC granting a type 15 on a radio that is capable of transmitting on MARS/GMRS/FRS/etc frequencies? Why grant a type 95 on one that will transmit on 2m? It seems like this enforcement will close a loophole that has been pretty common, but it's a loop hole of their own creation.
And if stuff was being sold that was not FCC approved at all, that's an enforcement issue anyway.
Some of it is tested using the amateur radio exemption. Anything sold commercially for ham radio only needs to be tested per Part 15. That's not a radio rule but a general rule for anything that has a switching signal that may create RF. Computers, power supplies, microwaves, LED lights, everything has to be Part 15 tested. For amateur equipment the manufacturer (this includes Yaesu and Icom and Kenwood) usually calls it a "scanning receiver" for this testing. So they pass Part 15 just turned on receiving and not as an intentional transmitter.
Since our individual amateur license gives us authority to use any equipment we wish with the stipulation that it meets generally accepted guidelines for spectral purity and frequency stability. We can repair our own radios, make our own radios. We're technically supposed to know and verify our radios, but for a number of decades now we trust the manufacturers of commercial gear aren't selling junk. But as long as a radio transmits only on ham bands and doesn't exceed the band edges we can use it without any testing of the transmitter like they have to for every other service. I've said it many times, hams are given a lot of leeway due to history and understanding. We can't abuse it and can't let it be abused. Unfortunately it's also nice having these cheap frequency nimble radios to play with.
What I suspect will come from this is Part 97 will get a type acceptance and we may eventually lose our ability to build, repair and test our radios. That will be unfortunate because tinkering is fundamental to the hobby. Perhaps the FCC and Moto/Kenwood/Yaesu/Icom/Hytera are concerned with their business. I dunno. There's a lot of these radios brought in and used for school districts and volunteer fire departments, not to mention the number of ham radio, that it may be real money. Maybe the FCC really is worried about unlicensed users, illegal FRS and GMRS, I dunno.
The whole thing is a charlie foxtrot I think. I do think it's funny that suddenly the FCC is worried about these illegal radios when they gave up on "export" radios for CB decades ago. No real money at stake for the big players there, though...
Baofeng could have put all this to rest if a month or two ago they'd just agree to test all their radios to Part 90, which doesn't require frequency locked radios. Some of it was at one point approved for Part 90 I thought. It would have raised the price, maybe significantly. But the whole mess would have been over. Instead they continued to play games and ended up I suspect ticked off the wrong lawyers and lobbyists.
In the end it'll be the hams that are hurt. Maybe it'll be more difficult to get Motorola to sell us software for building repeaters, maybe our gear will get even more expensive due to more testing requirements. Probably in the near term if this doesn't stop all the radios will be locked to only transmit on ham bands and we'll get an influx of unlicensed users here rather than GMRS.