Interpretation of FCC Part 97 Emergency Distress Operations Rules

[mmckenna]

I'll add that back "in the day" when someone got their Novice license, they had a year to upgrade to general, so this plan has already been tried.

 

[K7MEM]

The FCC should make a rule that says you have 2 years to upgrade - else you have to take the test again or loose your license. That would get rid of a lot of the LIDS, Kids, and bicycle riders!

As "mmckenna" pointed out, they tried that "back in the day". It was a dumb idea then, and is still a dumb idea.

For me, "back in the day" was 1965, when I first obtained my Novice license. The Novice license was not renewable and only good for one year. It was either upgrade or hit the road. The Technician license was available, but the FCC intended it for experimenters and remote control airplanes. So if you upgraded to Tech, you lost all low band access. A year before I obtained my license (1964), the FCC and ARRL started work on "Incentive Licensing", but that took until 1968 before it came into effect.

Eventually, years later, I retested for the Novice licence and that was all I needed for many years. It wasn't until 1999, when I saw big changes coming, that I upgraded to extra. But it was a personal thing, nothing more. I wanted to upgrade in the environment that I was accustom to. In three months time I went from Novice to Extra, and that included all the Morse testing. If I had known it was that easy, I would have upgraded years before.

Amateur radio is a "hobby", not a holy calling. It doesn't matter whether one ham is smarter than another. Amateur radio is for anyone that has an interest. The Butcher, the Baker, the Candle Stick Maker. As a matter of fact, in there early days, I use to talk to a Baker that was a ham, regularly. He kept a 2 meter rig in his Bakery and would get on the air while he was waiting for his buns to rise.

Martin - K7MEM

 

[N0BDW]

I wasn't going to get involved with this, and I don't have the ambition to read every word of every post, and rebut it, but I will say this....

Those of you on here who have worked in the EMS profession will know exactly what I'm talking about. ANYONE, breaking into a private radio network, will be viewed FIRST AND FOREMOST as an intruder, NOT as someone who needs to be engaged in dialog, and their "emergency" discussed.

Breaking into a private radio network for "help", is much like breaking into someone's house to hide from the robbers that are chasing you. They might eventually help you and hide you and call the cops for you, but the first thing that's going to happen is they are going to put a gun in your face. Good luck.

All breaking into someone else's private radio network is going to do, is cause confusion. Especially a POLICE network, where they are NOT there primarily to help you, but to look for crime. And, they are very cliquish and security oriented. Yea, good luck. There is a protocol to follow in order to get assistance from EMS.

Also, MANY systems are set-up so that each individual unit transmits it's unit ID with every transmission. An unidentified radio on the system will raise red flags.

Some people have started forest fires in order to get help. Some folks have broken into unoccupied homes for shelter. If you need to save a life, do whatever is necessary. But ferfrigsake, if a whole group of people sat around talking about starting forest fires, or B&E, or sleeping in dead horse carcasses to "save lives", they would very rightly be considered WHACKERS.

No different just because they have a "Ham Radio License".



FWIW, YMMV, JMPOV, ETC..ETC...



Delta

As someone involved in public safety and also a licensed hobbyist I agree with these statements 100%.

If you're in a situation with no other way out do what you have to do. But think seriously now about what that "no other way out" entails. If you have time to stop and think "hmm. what would the FCC think about my doing this?" then you probably shouldn't be doing it. It probably isn't a "true emergency" and you're likely going to face some consequences (at some level).
And if you've taken the time to pre-plan this action (hacking your radio, programming public safety frequencies) you're probably going to have a lot of explaining to do as to why that time and effort wasn't spent better prepairing for another way out.

Has anyone seen the movie Sully? Think about all that pilot had to go through even though he saved the lives of everyone on that airplane. Think about all of the justification that had to happen. Was there any other possible way that there could've been a positive outcome? You're probably going to be facing something similar to that if you key up on a public safety system to call for help. You're not going to flash your amateur radio license, quote part 97.xxx, and be handed a trophy for your heroic efforts. At a minimum you're going to have some serious explaining to do. If not to the FCC, to whatever governmental agency runs your local dispatch center.

That said I certainly understand the excitement of the thought of being rescue randy. And in my younger and dumber days I did mod a radio and program in some stuff that probably shouldn't have been in there... thinking "what if?" Thinking "I want to be able to help if the worst happens." If you really want to be billy badass and help someone in trouble when the time comes -- go take a CPR class. Take a first aid class. Give blood. Join your local volunteer fire department, EMS squad, or SAR group. But please don't run around thinking you're going to be a hero by some day transmitting, unauthorized, on a public safety system. Any of those other things I mentioned are 100+x more likely to be useful in a dire situation than a hacked radio programmed with public safety frequencies.

 

[KE0GXN]

Lots of sensible people in here giving sound advice......my question is, who started this thread? The first post, seems to not be the first post.

If you want to talk on public safety frequencies, fill out an application, go through the hiring process, get hired and then you talk all you want. Till then, it is not a good idea to mod your Chicom for the "if I am in or see an emergency" scenario.

You will be asking for trouble and chances are it will be more than happy to find you.

 

[n5ims]

Lots of sensible people in here giving sound advice......my question is, who started this thread? The first post, seems to not be the first post.

This thread was pulled off another one (http://forums.radioreference.com/am...bother-cap-mars-modifications-any-longer.html) about modifying ham radios for out-of-band transmit since the numerous posts on this topic was quite simply swamping the other discussion. This post announced the split --> http://forums.radioreference.com/am...s-modifications-any-longer-2.html#post2647200

 

[KE0GXN]

This thread was pulled off another one (http://forums.radioreference.com/am...bother-cap-mars-modifications-any-longer.html) about modifying ham radios for out-of-band transmit since the numerous posts on this topic was quite simply swamping the other discussion. This post announced the split --> http://forums.radioreference.com/am...s-modifications-any-longer-2.html#post2647200

Okay, that explains it. Thanks.

 

[Seven-Delta-FortyOne]

If there is a modern, commerically available Ham radio that comes un-modified that can operate on 5167.5Khz,- tell me about it... If you need, want,- what ever- and are legally able to* operate on this frequency- you must therefore "hack' said radio to operate on these other FCC Parts.

My Yaesu FT-897D does the 60 meter band, plus Alaska Emergency Channel 5167.5, out of the box.



Delta

 

[N8OHU]

My Yaesu FT-897D does the 60 meter band, plus Alaska Emergency Channel 5167.5, out of the box.



Delta

As does my FT-817ND.

Sent from my XT1080 using Tapatalk

 

[SCPD]

Hey Guys..... thanks for the answer.... I was kind'a asking it in a rhetorical sense, since I (we) were all talking about Part 90- et al, certified radios... and the Yaesu's are not so-certified.... but you made my point exactly... that a ham radio, not certified for anything, really (except, I guess, spectral purity under Part 97?) - can be operated by re-programming it for Part 90- and other- frequencies-- and operated there-on legally..... Smiles !
.
Merry Christmas, all !
.
................................CF

 

[n5ims]

Hey Guys..... thanks for the answer.... I was kind'a asking it in a rhetorical sense, since I (we) were all talking about Part 90- et al, certified radios... and the Yaesu's are not so-certified.... but you made my point exactly... that a ham radio, not certified for anything, really (except, I guess, spectral purity under Part 97?) - can be operated by re-programming it for Part 90- and other- frequencies-- and operated there-on legally..... Smiles !
.
Merry Christmas, all !
.
................................CF

Actually this feature in the Yaesu HF gear is there to provide access to something specifically addressed by the FCC in the Part-97 rules, 97.401(e). There are similar stipulations in the Part-90 rules, 90.253, and Part-80 rules, 80.387. Since it is really a "shared" frequency, it really isn't about reprogramming a Part-97 radio for Part-90 use.

Subpart E—Providing Emergency Communications

§ 97.401 Operation during a disaster. A station in, or within 92.6 km (50 nautical miles) of, Alaska may transmit emissions J3E and R3E on the channel at 5.1675 MHz (assigned frequency 5.1689 MHz) for emergency communications. The channel must be shared with stations licensed in the Alaska-Private Fixed Service. The transmitter power must not exceed 150 W PEP. A station in, or within 92.6 km
of, Alaska may transmit communications for tests and training drills necessary to ensure the establishment, operation, and maintenance of emergency communication systems.

[71 FR 66465, Nov. 15, 2006]

47 CFR 90.253 - Use of frequency 5167.5 kHz.

The frequency 5167.5 kHz may be used by any station authorized under this part to communicate with any other station in the State of Alaska for emergency communications. The maximum power permitted is 150 watts peak envelope power (PEP). All stations operating on this frequency must be located in or within 50 nautical miles (92.6 km) of the State of Alaska. This frequency may also be used by stations authorized in the Alaska-private fixed service for calling and listening, but only for establishing communication before switching to another frequency.

[49 FR 32201, Aug. 13, 1984]

47 CFR 80.387 - Frequencies for Alaska fixed stations.

(a) The carrier frequencies listed in (b) of this section are assignable for point-to-point simplex radiotelephone communications between private fixed stations in Alaska. The frequency pairs listed in paragraph (d) of this section are assignable for point-to-point duplex radiotelephone communications between private and public fixed stations in Alaska. Fixed stations in Alaska authorized to share carrier frequencies with the maritime mobile service must always give priority on such frequencies to maritime distress, urgency and safety communications.

(b) Alaska private-fixed station frequencies:
...
(3) 5167.5
...

(3) The frequency 5167.5 kHz is available for emergency communications in Alaska. Peak envelope power of stations operating on this frequency must not exceed 150 watts. When a station in Alaska is authorized to use 5167.5 kHz, such station may also use this frequency for calling and listening for the purpose of establishing communications.
...

(d) The following carrier frequency pairs are assignable for point-to-point communications between public fixed and private fixed stations:

(4) 5134.5, (4) 5137.5

...

(4) Licensees must cease all communications on 5134.5 kHz and 5137.5 kHz when notified by the State of Alaska of an emergency or disaster. Licensees may resume communication on these frequencies when notified by the State of Alaska that the disaster or harmful interference has ended.
...

As you can see, this specific frequency has similar wording in Part-97 (Ham Radio), Part-90 (Commercial Radio), and Part-80 (Marine Radio). This would allow persons licensed under any of the three rule groups to communicate and assist in a qualifying disaster or during authorized tests and training drills.