Part 97:
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 communication 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.
Okay, I know this is a re-post, but I am going to take it apart. This is how I see it.
There are the general rules that talk about day to day operation of various types of radios then there are the rules specifically talking about what a licensed amateur radio operator may do when faced with a situation of the immediate safety of human life.
"No provision of these rules".
Okay, what does this mean? It means nothing that is contained in these rules.
And what about
nothing that contained in these rules? Nothing contained in these rules
prevents.
What rules? It could be all of the FCC rules in general, but let’s narrow it down. What rules, the part 97 rules.
And what is contained in the part 97 rules. Part 97.301 the frequency bands of operation and the rest of the technical standards. What do the first 5 words of part 97.403 say?
They say
no provision of these rules (that means any part of these rules) then
prevents and that includes Part 97.301, limiting the frequencies and the rest of the technical standards.
Part 97.403 goes on to say "any means of radio communication at its disposal".
This means exactly what it says. "Any means", is saying that anything goes. The meaning of the word any, is fairly clear.
And then "radio communication
at its disposal". Again it is what ever is at hand.
Remember the first 5 words
(no provision of these rules) tell us that none of the rest of part 97 applies in the case of the safety of life and limb. And since it says "these rules" one might interpret
these rules to mean all of the FCC rules, of which Part 97 is a part.
Of course we can pull and twist the meanings here, but to me it is clear that the intent of the FCC is to put the safety of life and limb first and the rules second.
Why would it be any other way?
What is prohibited?
Federal law prohibits the use of any authorized equipment in a manner that is
inconsistent with the terms of its equipment authorization or that is in violation of the Communications Act or
the Commission’s rules.
Okay, the “commission’s rules”. Part 97.403 is part of the commission’s rules and the first 5 words apply. The first 5 words tell us that nothing else applies when it comes to the safety of life and limb.
And then there is this.
Note: Part 73 of this chapter contains provisions governing emergency operation of standard, FM, noncommercial educational FM, and television broadcast stations.
Part 97 of this chapter contains such provisions for amateur stations.
Provisions, what provisions: the provisions for an amateur station operating during an emergency.
And what do we find under Subpart E – Emergency communications?
We find our friend, Part 97.403, safety of life and protection of property, taking us back to the beginning of this post.
The thing that keeps being missed is the meaning of the first 5 words.
No provision of these rules
As previously mentioned, the government can twist the meaning of words to suite its purpose. But this is what is written.
Oh, BTW, I just found this after writing the above. The following is taken from the FCC’s web page…
Note the exception.
Operations in Emergencies
Q: Is it correct that my station must not transmit analog voice emissions on the HF band digital emission segments even during an emergency?
Yes. The
Rules,
including the analog/digital emission exclusive segments, are carefully designed to provide an amateur radio service in the United States that has certain fundamental purposes.
Section 97.1 declares that the foremost purpose is expressed in the principle of recognition and enhancement of the value of the amateur service to the public as a voluntary, noncommercial communication service, particularly with respect to providing emergency communications. It would be illogical to abandon these
Rules -- which are carefully developed through the rule making process with the input of amateur operators and organizations experienced in providing emergency communications -- during an event of the very type for which the
Rules were intended.
Q
: Are there exceptions?
Yes. There are two exceptions. In summary:
- Section 97.403 states that no provision of the Rules prevents the use by an amateur station of any means of radiocommunication at its disposal to provide essential communications in connection with the immediate safety of human life and immediate protection of property when normal communication systems are not available.
- Section 97.405 states that no provision of the 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. A sinking ship is a good example. It further states that no provision of the Rules prevents the use by a station, in that exceptional circumstance, of any means of radiocommunications at its disposal to assist a station in distress.
Yes. The
Rules, including the analog/digital emission
And note what this says, the rules
including, meaning not only analog/digital as posed in the question, but the rest of the rules. And then it goes one to point out specific exceptions and what is allowed and even gives an example of a sinking boat.
Again, in these writings the mind set of the FCC is clear. Do what you need to do to save a life.
Of course it is possible for someone in government to twist the meaning of the above and give it a completely opposite meaning.
