4 ms·

There is an exception under part 97 (covering amateur radio licensees) for emergency communications. I suppose this will depend on the contents of his transmiss

by kloch 4y ago

There is an exception under part 97 (covering amateur radio licensees) for emergency communications. I suppose this will depend on the contents of his transmissions and if they were truly necessary and justified and if "normal communication systems" were not available. > § 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 radiocommunication 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. https://www.law.cornell.edu/cfr/text/47/97.403 https://www.law.cornell.edu/cfr/text/47/97.403

X-Cubed 4y ago
> when normal communication systems are not available. I think that would be the key point to the exemption. He likely could have contacted the fire service by telephone or other "normal communication systems".
bombcar 4y ago
There’s a similar law on the books in the FAR for pilots: (b) In an in-flight emergency requiring immediate action, the pilot in command may deviate from any rule of this part to the extent required to meet that emergency. (c) Each pilot in command who deviates from a rule under paragraph (b) of this section shall, upon the request of the Administrator, send a written report of that deviation to the Administrator. But you can’t just declare emergency and do whatever you want (people have been caught abusing this to get priority on landings, etc).
bjt2n3904 4y ago
There's a lot that's not discussed here, and it's hard to make judgements. When I think of emergency transmissions, there must be an immediate need: "watch out, the tower is about to collapse". I get the feeling that this guy was making transmissions that were more like status updates about an emergency. "Seeing some flames here..." Etc.
colechristensen 4y ago
Carveouts like that are for… well actual needs not people who are really interested in being helpful despite the lack of need. Some guy with a radio went beyond this despite being told to stop.
- Aloha 4y ago
  This carveout does not mean what it says, and has never been tested.
Aloha 4y ago
Part 97 does not cover in Part 90 spectrum.
anonymousiam 4y ago
I do not believe that Part 97 is applicable in this case. Part 97 covers the use of the allocated amateur radio spectrum, but this guy was transmitting on the public service band and not the amateur radio band.
- Aloha 4y ago
  Indeed, he was in Part 90 spectrum.
bityard 4y ago
The FCC is well aware of its own regulations, and interprets that particular exception a lot more narrowly than the average prepper.
Ardren 4y ago
I think the article makes it pretty clear he wasn't in any danger, and that wasn't the point of his transmissions. He just has a big head and thought the rules shouldn't apply to him. I'm certain that if he was in danger, and called May Day on the wrong frequency, they'd be no issue. More than likely they'd be a local news article reminding people how important radio communications are for remote locations.
Cthulhu_ 4y ago
There's a lot of people trying to play lawyer for this guy, I don't really understand why. Yes there is an exception, but did you stop and think whether it applied in this case? If he wanted to be helpful, there are a billion other frequencies (I don't even know) he could've done so without broadcasting on the reserved frequencies.

by kloch 4y ago

X-Cubed 4y ago

> when normal communication systems are not available. I think that would be the key point to the exemption. He likely could have contacted the fire service by telephone or other "normal communication systems".

bombcar 4y ago

There’s a similar law on the books in the FAR for pilots: (b) In an in-flight emergency requiring immediate action, the pilot in command may deviate from any rule of this part to the extent required to meet that emergency. (c) Each pilot in command who deviates from a rule under paragraph (b) of this section shall, upon the request of the Administrator, send a written report of that deviation to the Administrator. But you can’t just declare emergency and do whatever you want (people have been caught abusing this to get priority on landings, etc).

bjt2n3904 4y ago

There's a lot that's not discussed here, and it's hard to make judgements. When I think of emergency transmissions, there must be an immediate need: "watch out, the tower is about to collapse". I get the feeling that this guy was making transmissions that were more like status updates about an emergency. "Seeing some flames here..." Etc.

colechristensen 4y ago

Carveouts like that are for… well actual needs not people who are really interested in being helpful despite the lack of need. Some guy with a radio went beyond this despite being told to stop.

Aloha 4y ago
This carveout does not mean what it says, and has never been tested.

Aloha 4y ago

Part 97 does not cover in Part 90 spectrum.

anonymousiam 4y ago

I do not believe that Part 97 is applicable in this case. Part 97 covers the use of the allocated amateur radio spectrum, but this guy was transmitting on the public service band and not the amateur radio band.

Aloha 4y ago
Indeed, he was in Part 90 spectrum.

bityard 4y ago

The FCC is well aware of its own regulations, and interprets that particular exception a lot more narrowly than the average prepper.

Ardren 4y ago

I think the article makes it pretty clear he wasn't in any danger, and that wasn't the point of his transmissions. He just has a big head and thought the rules shouldn't apply to him. I'm certain that if he was in danger, and called May Day on the wrong frequency, they'd be no issue. More than likely they'd be a local news article reminding people how important radio communications are for remote locations.

Cthulhu_ 4y ago

There's a lot of people trying to play lawyer for this guy, I don't really understand why. Yes there is an exception, but did you stop and think whether it applied in this case? If he wanted to be helpful, there are a billion other frequencies (I don't even know) he could've done so without broadcasting on the reserved frequencies.