In article ,
Klystron wrote:

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.

Well actually AF6AY, and Mike are reading more into those passages of
Title 47 than they were, and are, intended, by the Commission. Phil,
being an ex FCC Lawyer can expound on the intent, but when I was a
Resident Field Agent, it was understood within the Commission, that
Amateurs, operating within their Licenses, are NOT restricted to
Frequencies, modes, or just about any other restriction, of operation,
during Safety of Life situations, that are authorized by the PART 97,
but this does NOT Allow them to use Frequencies NOT Authorized under
than Part.
The same is true for Licensees operating under other Parts like 90, 87,
and 80, where that Specific Language is used in the Part. The fact of
the matter is, that you only get in trouble, IF someone complains, or
has a problem with your operation, and is willing to go on the Record
with their objection with your operation, and Force an investigation, of
the incident. Sometimes Common Sense does prevail, but sometimes it
turns into a very BIG Deal.
Case in Point, a few years back, there was an incident in California,
where a young fellow used his Mod'ed HT to beak into the Local Sheriff's
Frequency to report an injured Hiker. The Sheriff took offense to that
intrusion, and there was a GIANT BrewHAHA, that as I recall, Phil was
involved in. We had quite a discussion about the situation, between
ourselves about the incident, and again, as I recall the issue was
settled out of HQ by some of the BIG GUN Lawyers back there.

--
Bruce in alaska
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