illegal transmitting???

Status
Not open for further replies.

KO4IPV

Member
Joined
Jun 16, 2020
Messages
350
Being new at this hobby I have this one simple question when is it legal to transmit over a ham radio band, if not in possession of a technician license? Was informed that only in an emergency can this be done legally without penalty can someone in sight me on this information ? Not that I have done this or do I want to I just want to know the legal ramifications for this act. I am presently studying for my technician license and just interested in this bit of fact.
 

alcahuete

Member
Premium Subscriber
Joined
Jul 24, 2015
Messages
1,342
Location
Antelope Acres, California
As far as the legal ramifications, operating without a license can carry very big fines (usually 5 figures...sometimes per occurrence) and confiscation of your radio.

From the FCC:

Federal Communications Commission" said:
Anyone found operating a radio station without FCC authorization can be subject to a variety of enforcement actions, including seizure of equipment, fines and other civil and criminal penalties.
Even in an "emergency," amateur radio operators are very unlikely to talk to you if you are unlicensed and not using a call sign.
 

belvdr

No longer active as of 2020-12-14
Premium Subscriber
Joined
Aug 2, 2013
Messages
939
97.403 is the text you're looking for. I think it's pretty cut and dry myself.
 

KK4JUG

Member
Premium Subscriber
Joined
Dec 13, 2014
Messages
3,393
Location
GA
Cut and dry if you have a license. That section applies to an "amateur station." If you do not have a license, you do not qualify under that section. The OP is asking about unlicensed operation.
You're right and I think we've established that unlicensed operation is prohibited.
 

vagrant

ker-muhj-uhn
Joined
Nov 19, 2005
Messages
1,823
Location
California
I am not an attorney, nor do I know of a case where a non licensed person transmitted on licensed amateur frequencies with an emergency. I'm not saying someone has not done that, I just am not aware of an incident or the legal ramifications if any.

What I can tell you is that I am a licensed amateur radio operator. If I am out of range of cellular service and have an emergency, using an amateur radio would not be first on my list. Using a PLB (Personal Locator Beacon) and or an Iridium messaging device like a Garmin Inreach product would be first. It could be hit or miss on getting into a repeater and that is if someone is monitoring and is able to accurately note my information and pass that along to emergency services. Honestly, if I need to provide someone first aid I am going to be busy doing that. No problem pushing a button on a device and then getting back to the first aid. I have no time to fool around with hoping to reach a competent person on an amateur radio repeater or via simplex.

Before hiking with friends, whether they hold a license or not, I show them how to use the beacon devices as I may be the one who needs help and I don't want them ****ing around with a damn radio.

Still, if I hear someone on the radio saying they have an emergency, the last thing I am going to be concerned with is asking their call sign. Also, an emergency to me is human life or limb and maybe property.
 
Status
Not open for further replies.
Top