I have noticed a marked increase in illegal FM simplex operation in the NY/Long Island area on 2 Meters. Pursuant to this, I decided to check out how two meter radios are being sold. I decided to visit as many Radio Shack locations as possible since they offer 2 meter equipment for sale. I visited 16 Radio Shack locations posing as prospective unlicensed buyer and here is what I discovered:

     In all 16 locations I was never asked if I was licensed Amateur while asking about 2 meter equipment. When I asked if I could use this equipment without a license, after noting the comments regarding this on the packaging, I received several various responses:

• One salesperson said, "Yeah ... I do it all the time. It's just like CB!"
• Three said they didn't know there was a license required and that it was part of the "GRS" anyway.
• Six others didn't know what Amateur Radio was.
• One said I could operate, but "...just don't get caught!"
• Five others said the license was only for repeater use.

Not one of the salespeople I spoke to said a license was required when I asked; moreover, one of them went on to actually endorse the illegal operation on 2 meters as a way of exercising open rebellion against the Federal government impeding my rights of "free speech".

     The conflict possibly arises because of salespeople making commissions, and small ones at that, on every radio they sell.

     My question is, what responsibility does a retailer have in ensuring that the purchaser has the appropriate license to operate the radios they are selling?

     If Radio Shack is manufacturing and selling this equipment, does it not have some liability in assuring that its staff is, at the very least, responsible? I am also sure that it puts its staff through some training, so why are they not observing this after the fact? Two of the salespersons were, by the way, store managers. Radio Shack goes out of its way to mention the licensing in its manuals and its catalog, so why is this not made evident in its retail locations?

     I just want to (inquire about) the rules on this, and whether or not there are any. Being in the retail business myself, I understand the difficulty in getting qualified well trained individuals in large retail chains. But as a manager I always kept tabs on my sales force and monitored what was going on in my stores. Since not a single sales person "did the right thing", I have to assume the problem is systemic.