See: http://transition.fcc.gov/Daily_Release ... -597A1.pdf
The model designator of the radio was IC-M412, and the radio was sold until June 22, 2015. There may be models still in dealer inventory, and, inasmuch as the consent decree is silent on this, I assume they can still be sold.
ICOM contended that the applicable federal regulations were ambiguous, citing Section 80.225(a)(4). See
The ambiguity was apparently over this language:
"...DSC equipment must meet the requirements of the following standards in order to be approved for use: ...ITU-R M.493-13 and, in the case of Class D DSC equipment only, IEC 62238..."
ICOM's interpretation was it could comply with either standard, and they admitted their product did not comply with ITU-R M.493-13. Apparently compliance with both standards is necessary.
ICOM has sent its customers a letter regarding the DSC features. Regarding the omitted DSC features, they noted:
...we have identified the modifications required and confirmed that we have the
capability to update the firmware on the affected radios.
The main updates required are:
--changing the 4 hour NMEA data alert timer to 3 hour 59 minutes.
--adding a DSC elapsed time readout—The display must show a time since the radio received a DSC or a time since the last DSC was sent from this radio. It ranges from approximately 3.5 to 6 minutes.
--adding a DSC resending feature on all ship calls and individual calls—This is so radios can resend DSC alerts automatically at a timed interval.
Icom is preparing to make these firmware updates as soon as possible. However, because we are working with the FCC to get these problems resolved we do not currently have a timeframe when these updates will be released.