3 ms·

I once read that, during a declared emergency, you didn't need a license to operate the radio. I'm pretty sure it was on an official site, though it may have be

by KGIII 9y ago

I once read that, during a declared emergency, you didn't need a license to operate the radio. I'm pretty sure it was on an official site, though it may have been on ARRL's site. I am unable to find it, so I'm not sure if it is true any longer, or if it was ever true. Assuming it is illegal, I wonder how mad the FCC would be - if one followed the rules and it was a real emergency?

jcrawfordor 9y ago
My understanding is that this provision applies only to "life or death emergencies" which safe and well linking activities are certainly not. I'm having a very hard time finding the actual letter of the law anyway, only various third-hand retellings that such a rule exists. Certainly it is intended only for narrow situations.
- KGIII 9y ago
  Thanks. I think I read similar, though maybe I decided in my head that a declared state of emergency was the qualifier. As it is a declared state of emergency, I'd speculate that that's a life or death situation? I suspect it's more nuanced and subjective than that. Like you, I searched for the letter of the law and wasn't actually able to find it. It may have been ARRL's site or a forum affiliated with them? It was something I noticed while learning and taking the practice exams.
  - extrapickles 9y ago
    The bit I found[0] indicates that its only permitted in immediate life safety situations (eg: someone directly dies or is seriously injured if the radio is not used). [0]: https://www.ecfr.gov/cgi-bin/text-idx?SID=6db0db07e83c4044625b8db1e5ab9bf7&mc=true&node=sp47.5.97.e&rgn=div6 https://www.ecfr.gov/cgi-bin/text-idx?SID=6db0db07e83c404462...
    - KGIII 9y ago
      §97.403 may be saying otherwise, but I could be reading it wrong. It does look pretty subjective, though that may be intentional.
- TallGuyShort 9y ago
  This is from the Technician class question pool. It indicates to me that operating outside of licensed privileges in the context of this request for volunteers would not be permitted by the FCC. Since I lost the formatting, the (D) indicates that (D) is the correct answer. Exceeding your privileges as part of an emergency plan is not sanctioned, but for immediate life-threatening emergencies, it is. A lot of people use the term "disasters" vs. "emergencies" to distinguish those meanings. T2C09 (D) Are amateur station control operators ever permitted to operate outside the frequency privileges of their license class? A. No B. Yes, but only when part of a FEMA emergency plan C. Yes, but only when part of a RACES emergency plan D. Yes, but only if necessary in situations involving the immediate safety of human life or protection of property On an unrelated note, I'm actually not entirely sure if the FCC rules even apply to Puerto Rico, being a territory... Do you know?
  - toomuchtodo 9y ago
    The FCC has jurisdiction over all 50 states as well as all territories, including Puerto Rico.
- syshum 9y ago
  Alot of that may simply be covered under the general Criminal Defense of Necessity. For example it is illegal to break into someone home, but if that home is on fire and you break in to save a resident you have a Criminal Defense of Necessity for breaking in... Like Wise if you are in an area with no communication and you "illegal" transmit a radio signal for the purpose of obtaining necessary assistance you would have a Criminal Defense of Necessity for breaking the FCC regulations
  - dragonwriter 9y ago
    There is some dispute as to whether the necessity defense is available in federal criminal law (the Supreme Court has dodged a general decision on the point, but always ruled against it specifically being available in the circumstances before the Court in particular cases).
    - maxerickson 9y ago
      How often do such charges not even get filed? (that is, where someone has violated the law with some mitigating circumstance) How would that aspect be addressed? Or cases where charges are filed as a formality and end quickly? There seems a strong possibility that the Supreme Court only hears a small number of odious claims of the defense.
      - dragonwriter 9y ago
        > How often do such charges not even get filed? Probably a lot, but the availability of prosecutorial discretion is a very different thing than the availability of a legal defense. While the defense is enshrined in statute in many states or firmly established in state case law, that's not true in the federal system, where it may exist based on inherited common law, but is neither established in federal statute nor firmly attested in the case law.
  - dannyw 9y ago
    You would also not be prosecuted by the FCC if you are stranded and transmit to get help, I bet.
dionian 9y ago
Or in life-threatening circumstances

by KGIII 9y ago

jcrawfordor 9y ago

My understanding is that this provision applies only to "life or death emergencies" which safe and well linking activities are certainly not. I'm having a very hard time finding the actual letter of the law anyway, only various third-hand retellings that such a rule exists. Certainly it is intended only for narrow situations.

KGIII 9y ago
Thanks. I think I read similar, though maybe I decided in my head that a declared state of emergency was the qualifier. As it is a declared state of emergency, I'd speculate that that's a life or death situation? I suspect it's more nuanced and subjective than that. Like you, I searched for the letter of the law and wasn't actually able to find it. It may have been ARRL's site or a forum affiliated with them? It was something I noticed while learning and taking the practice exams.
- extrapickles 9y ago
  The bit I found[0] indicates that its only permitted in immediate life safety situations (eg: someone directly dies or is seriously injured if the radio is not used). [0]: https://www.ecfr.gov/cgi-bin/text-idx?SID=6db0db07e83c4044625b8db1e5ab9bf7&mc=true&node=sp47.5.97.e&rgn=div6 https://www.ecfr.gov/cgi-bin/text-idx?SID=6db0db07e83c404462...
  - KGIII 9y ago
    §97.403 may be saying otherwise, but I could be reading it wrong. It does look pretty subjective, though that may be intentional.
TallGuyShort 9y ago
This is from the Technician class question pool. It indicates to me that operating outside of licensed privileges in the context of this request for volunteers would not be permitted by the FCC. Since I lost the formatting, the (D) indicates that (D) is the correct answer. Exceeding your privileges as part of an emergency plan is not sanctioned, but for immediate life-threatening emergencies, it is. A lot of people use the term "disasters" vs. "emergencies" to distinguish those meanings. T2C09 (D) Are amateur station control operators ever permitted to operate outside the frequency privileges of their license class? A. No B. Yes, but only when part of a FEMA emergency plan C. Yes, but only when part of a RACES emergency plan D. Yes, but only if necessary in situations involving the immediate safety of human life or protection of property On an unrelated note, I'm actually not entirely sure if the FCC rules even apply to Puerto Rico, being a territory... Do you know?
- toomuchtodo 9y ago
  The FCC has jurisdiction over all 50 states as well as all territories, including Puerto Rico.
syshum 9y ago
Alot of that may simply be covered under the general Criminal Defense of Necessity. For example it is illegal to break into someone home, but if that home is on fire and you break in to save a resident you have a Criminal Defense of Necessity for breaking in... Like Wise if you are in an area with no communication and you "illegal" transmit a radio signal for the purpose of obtaining necessary assistance you would have a Criminal Defense of Necessity for breaking the FCC regulations
- dragonwriter 9y ago
  There is some dispute as to whether the necessity defense is available in federal criminal law (the Supreme Court has dodged a general decision on the point, but always ruled against it specifically being available in the circumstances before the Court in particular cases).
  - maxerickson 9y ago
    How often do such charges not even get filed? (that is, where someone has violated the law with some mitigating circumstance) How would that aspect be addressed? Or cases where charges are filed as a formality and end quickly? There seems a strong possibility that the Supreme Court only hears a small number of odious claims of the defense.
    - dragonwriter 9y ago
      > How often do such charges not even get filed? Probably a lot, but the availability of prosecutorial discretion is a very different thing than the availability of a legal defense. While the defense is enshrined in statute in many states or firmly established in state case law, that's not true in the federal system, where it may exist based on inherited common law, but is neither established in federal statute nor firmly attested in the case law.
- dannyw 9y ago
  You would also not be prosecuted by the FCC if you are stranded and transmit to get help, I bet.

dionian 9y ago

Or in life-threatening circumstances