AF6AY wrote:
Michael Coslo wrote on Thu, 28 Feb 2008 09:36:39 EST:

When a member noted that the ARS
frequencies were there for use after the normal comms weren't working,
he replied " Every thing we do is a matter of life and death, so we can
use your frequencies any way we wish".

That was not only wrong, but scary that people that think in that manner
are coming into the hobby with such an attitude.


That person was more right than wrong. If one bothers to look,
the small-number Parts of Title 47 C.F.R. state clearly that
ANYONE can use ANY radio frequency to call for assistance if
a situation is really life or death...licensed or not. True.

Phil Kane could probably quote the Part and wording off the
top of his head but, not being an attorney, I would have to
search the Parts (all freely accessible). Besides, someone
in here would want to start a whole steamy argument thread on
that, arguing minutiae on the whichness of the what...:-)
Memory says it is the Part on commercial radio licenses but
undoubtedly someone in here will say 'I am wrong.' [sigh]


It is not as simple as that. What constitutes an emergency? If an
ambulance crew is transporting a 90 year old heart attack victim, it is
certainly a matter of life or death for that one patient. However, if
the ambulance breaks down, they can't commandeer your car. For a
government agency to seize private property (a category that includes
repeaters, transceivers, etc.) for their own use, they must have a
declaration of emergency, declaration of martial law, or, in individual
cases, a court order. The fire department employee who claimed that the
FD could take over an amateur radio club's repeaters anytime that they
wanted to do so was dead wrong.

--
Klystron