Using Your Baofeng To Transmit Outside Ham Band In An Emergency?

[zz0468]

Read http://harriscountyares.org/training/EME/EME-107.pdf. This is the FCC document pertaining to legality...

That is NOT an FCC document. It is an opinion piece by one Richard G. Johnson, "Esquire", AE3C, that quotes excerpts of Part 97 rules.

and ZZ0468 should take special note.

Why? Because the author of that article advocates a certain interpretation of a poorly written rule?

The purpose of the rule is not to give amateurs carte blanche to operate out of band in an emergency. It does not authorize programming up your radios out of band "just in case". The intent of the rule is two-fold... One, to allow a situation, such as a Technician Class operator calling for help on Extra class sub-bands, or otherwise communicating with a non-amateur station on amateur frequencies, which is normally prohibited. The other thing is, the rules are not intended to contribute to loss of life due to a pedantic adherence to said rules.

In other words, if saving a life REQUIRES out of band operation or communicating with a non-amateur station on amateur frequencies, just do it and ask questions later. But it is NOT a blanket authorization for out of band operation. That is specifically prohibited in the Rules and Regulations for other services, as well as within the Communications Act of 1934 as amended.

Part 97 rules are written for frequencies assigned to the Amateur Service. They have no bearing on any other frequencies unless specifically stated, as in the Alaska rule. No more, no less. A non-amateur is every bit as authorized to fire up on a police channel in an emergency as an amateur is... that is to say, NOT. That being said, if it's required to save a life, you do what you need to do, and hang the consequences. No one, including the FCC, wants to see anyone die because a radio wasn't used.

 

[mmckenna]

That is NOT an FCC document. It is an opinion piece by one Richard G. Johnson, "Esquire", AE3C, that quotes excerpts of Part 97 rules.

Exactly, thanks for pointing that out. Amateur radio operators are not the FCC, and don't get to make up their own rules, or interpret the rules for their own benefit.

Part 97 rules are written for frequencies assigned to the Amateur Service. They have no bearing on any other frequencies unless specifically stated, as in the Alaska rule. No more, no less. A non-amateur is every bit as authorized to fire up on a police channel in an emergency as an amateur is... that is to say, NOT. That being said, if it's required to save a life, you do what you need to do, and hang the consequences. No one, including the FCC, wants to see anyone die because a radio wasn't used.

Something that needs to be tattooed on the inside eyelids of every ham radio operator. Part 97 rules apply to Part 97 frequencies. No exceptions. Part 97 rules do NOT apply in other services including and not limited to Part 90, Part 80 -OR- Part 95. If this wasn't the case, the FCC would not need to specifically call out the Alaska Emergency frequency.

Amateurs looking for reasons to get on other radio services need to check themselves. Amateurs are not "gods of the radio waves". They don't get to make their own rules. They don't get to interpret the rules for their own purposes. Even within the Part 90 rules, there are limitations restricting programming frequencies you are not licensed for into a radio. If you want to operate under Part 90 rules, then you will need to follow part 90 rules, not cherry pick bits and pieces from other services to suit your needs.

Amateurs wanting to play in other radio services need to read the rules for those specific radio services, as well as Part 2.

I've never understood the need for amateur radio operators to go wandering into other radio services. The "radio god" attitude that some amateurs have is really freakin' bizarre.

 

[robertmac]

But then we have people saying it is OK to break every rule, regulation, statement in the book. Not.

 

[mancow]

If I were to go out in the extreme elements of Alaska or wherever the main thing I would bring is a 121.5 capable unit. It's like a low orbit sat constellation up there.

 

[zz0468]

If I were to go out in the extreme elements of Alaska or wherever the main thing I would bring is a 121.5 capable unit. It's like a low orbit sat constellation up there.

Why not just use the right tool for the job? Get yourself a PLB. That way, they'll not only know where you are, they'll know who you are. And you won't get in trouble for using an unauthorized transmitter.

 

[prcguy]

I think the OP and any proponent of using cop frequencies without authorization during an emergency should do so and asap. Then we will have a case to refer to next time the subject comes up.
prcguy