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On Thu, 21 Aug 2003 18:14:26 -0400, "Ralph Mowery"
wrote: That not quite correct. The rules do allow an Amateur the use of "any means of radio communications at its disposal," which would clearly include the use of equipment capable of operating on frequencies outside the amateur bands (see last paragraph below). PART 97--AMATEUR RADIO SERVICE Subpart E--Providing Emergency Communications Sec. 97.403--Safety of life and protection of property. No provision of these rules prevents the use by an amateur station of any means of radio communications at its disposal to provide essential communication needs in connection with the immediate safety of human life and immediate protection of property when normal communication systems are not available. Sec. 97.405 Station in distress. (a) No provision of these rules prevents the use by an amateur station in distress of any means at its disposal to attract attention, make known its condition and location, and obtain assistance. (b) No provision of these rules prevents the use by a station, in the exceptional circumstances described in paragraph (a) of this section, of any means of radio communications at its disposal to assist a station in distress. Other rules (97.401 and 97.407) cover emergency operations during a disaster. Subpart E, Section 2.405, contains additional guidance concerning emergency operations. The operator you describe was more likely cited for having equipment improperly modified to transmit outside the Amateur Bands, not for actually using those out-of-band frequencies in the situation described. I realize this sounds like a Catch-22 situation, but those are the rules. In this case, if the operator had used another radio, a radio approved for those frequencies, there would have been no rule violation. Dwight Stewart (W5NET) Read closer. Part 97 is only for ham radio. It is not rules for any other service. Note it says THESE RULES. That means you STAY in the HAM BANDS. Anything out ot the ham bands is not covered in THESE RULES. There are other rules and Parts for the other frequencies. Just as what may be legal in your state may not be legal in another state. YOu have to follow the rules of the state you are in and not the rules of your state when out of your state. Let me quote again the ARRL reference for taking the FCC test. "In a life or property-threatening emergency, you may send a distress call on any frequency, even outside the amateur bands, if you think doing so will bring help faster." ***EVEN OUTSIDE THE AMATEUR BANDS*** As this is a Federal law there can be no local or state laws that supercede it. KB9WFK "You are behaving like a troll, disguising your attacks as reasonable discussion." 'Alan Connor' |
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