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Comment by robertelder | Hacker News Reader

I know this is definitely true for specific 'ham' radio frequencies, but I've never found a clear answer as to whether it's also illegal to use encryption for commercial purposes over other frequencies like 2.4ghz on your own home-brew devices (assuming that you got them tested and licensed). Using a wireless router for commercial purposes obviously isn't illegal, but I'm not sure if 802.11 is some kind of exception?

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> like 2.4ghz

2.4GHz is in the ISM band, and 47 CFR 15.247 specifically covers devices that use this range. Provided you stay within the specified limits, you have an implied license to use the band for those purposes.

There's no restriction on encryption in the commercial/business bands.

> assuming that you got them tested and licensed

This one is the kicker - it costs about $10-20k to get a device FCC certified, at least for part 90 devices, which is the industry I work in. A license to operate the devices runs around $500 (for ten years).

§15.23(a) Equipment authorization is not required for devices that are not marketed, are not constructed from a kit, and are built in quantities of five or less for personal use.

Interesting, thanks! That's for part 15 devices, which are exclusively devices operated without a licence, generally at low power.

Part 90 is a different beast, operating with licences, and at higher power limits. It doesn't surprise me the equipment licencing requirements are more intense.

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