FCC Back pedals — All transceivers capable of transmitting on frequencies that require…
Lucky225
868

I think she misinterpreted Part 97.101:

§ 97.101 General standards.

(a) In all respects not specifically covered by FCC Rules each amateur station must be operated in accordance with good engineering and good amateur practice.

(b) Each station licensee and each control operator must cooperate in selecting transmitting channels and in making the most effective use of the amateur service frequencies. No frequency will be assigned for the exclusive use of any station.

© At all times and on all frequencies, each control operator must give priority to stations providing emergency communications, except to stations transmitting communications for training drills and tests in RACES.

(d) No amateur operator shall willfully or maliciously interfere with or cause interference to any radio communication or signal.

I don’t see where “Section 97.101 of the rules states that the amateur is responsible for the proper operation of the station in accordance with all of the Commission’s rules,”

And, in fact, it seems 101 would allow the use of any uncertified station … as that station “must be operated in accordance with good engineering and good amateur practice.”

I’m sure the ARRL will get this ironed out, but it seems that we, as Licensed Amateur Operators can legally operate any device A) if we are licensed, and B) if we are in the correct band for our licensing, and C) if we comply with power and other rules, regulations, and requirements for our licensed bands.