Hello.
If operated under part 15 it is not illegal.
If operated under part 97 it is not illegal.
If operated under NTIA redbook it is not illegal.
True, this is not a type accepted use, but operation can be done legally as this is no longer a commercial manufacture unit but a home built under the rules.
http://en.wikipedia.org/wiki/Title_47_CFR_Part_15
And, the primary reason? it can be done. ;)
The FCC could care less what I do with radio, I bother no one.
For the most part, if you detect my transmissions I have done something wrong!
If I am transmitting it is rare.
In fact, I was in Dallas just a few hours ago and was informed that several repeaters were "closed".
I was at the FEMA center and did the usual test transmissions, gave up on ham radio and went to federal frequencies.
Now, this morning, the day after the last Friday of the month, the ham clubs are trying to save face.
So, this morning I decided to revisit the idea of a dual use radio, Amateur and Federal.
Note that I have lots of federal radios that can do Amateur Radio, just another option.