In a private message Jim noted that he is flying a plane registered as 
Experimental which exempts it from many FAA TSO requirements.  He is correct 
that FCC part 87 is controlling in this case.  But the section that is 
applicable is 87.39 which requires type acceptance.

For a plain language interpretation from the FCC See
<http://wireless.fcc.gov/services/index.htm?job=operations&id=aircraft_stations>
  where you find the following

"Radio transmitters to be used in aircraft must be type accepted in accordance 
with Part 87 of the Commission's Rules except that radio transmitters to be 
used in conjunction with aeronautical public service frequencies must be type 
accepted in accordance with Part 80."

There is no exception and the FAA has no authority to waive it. The KX3 would 
not be legal even if it was able to transmit on those frequencies and met the 
technical requirements.

I would suggest that the EAA might be able to point him to some do it yourself 
designs or to a fellow EAA member who would help him with a design.

David K0LUM

On Mar 27, 2013, at 10:42 AM, James Meade wrote:

> Since I'm too stupid to figure out how to reply on the list, I'll post a new 
> message to bring the discussion up to date and hope those interested catch it.
> 
> 1.  As I posted in the OP, I have an experimental aircraft and therefore do 
> not need a TSO'd radio, per FAR 91.205.  This position is well documented in 
> experimental aircraft and avionics circles so I won't repeat it all here, 
> just note it for the benefit of those more familiar with standard 
> certificated airplanes which do have to meet FAR 91.205.  I would, of course, 
> be sure the radio complied with FCC rules per CFR Title 47 Part 87, which 
> talks to airplane stations, especially 87.131.
> 
> 2.  I had read the specs before I posted but was wondering if the radio could 
> be "opened up", as my MARS radios are, to send and receive out of ham bands.  
> I appreciate people reminding me of the specs and I should have been more 
> specific that I was actually wondering if and to what extent the KX3 could be 
> "opened up" and, if they could, would they receive and/or transmit on the 
> aviation AM frequencies.
> 
> The main reason for my interest is that it is difficult to find inexpensive 
> audio panels for more than two comm radios, so if the ham radio will serve as 
> my second comm radio that solves a money and wiring problem in my tiny panel. 
>  Or, maybe someone knows how to find or make a cheap, three comm radio audio 
> panel that isn't a maze of switches and plugs.
> 
> Thanks for the help.  I received several useful replies off the list, as well.
> 73
> Jim NO0B
> 
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