|
New to Ham Radio?
My Profile
Community
Articles
Forums
News
Reviews
Friends Remembered
Speak Out
Strays
Survey Question
Operating
Contesting
DX Cluster Spots
Propagation
Resources
Calendar
Classifieds
Ham Exams
Ham Links
List Archives
News Articles
Product Reviews
QSL Managers
Site Info
eHam Help (FAQ)
Support the site
The eHam Team
Advertising Info
Vision Statement
About eHam.net
|
|
1-10 of 14 messages
|
Page 1 of 2
Next
|
|
Public Safety use of amateur bands
|
Reply
|
|
by K9RFZ on October 17, 2008
|
Mail this to a friend!
|
Before I am criticized for asking this question, I did try many different searches on this forum for an answer and I checked CFR47 part 97 before posting.
Can a professional public safety employee (EMA, police, fire, EMT) who is also licensed in the amateur radio service operate on amateur bands in the course of his job?
My interpetation of Part 97, the public safety employee would be prohibited from using the amateur bands while on duty since his salary makes him compensated. If this is correct, then how would an EMA Director ever operate on amateur radio bands during a drill (such as monthly RACES tests) if he is being compensated in an official capacity? Is there some exception granted to public safety emergency communication in Part 90? Can a salaried Red Cross employee holding a ham license operate on ham bands during a disaster?
Please support replies with references to applicable FCC regulations.
Thanks,
Joseph, K9RFZ
|
| |
|
RE: Public Safety use of amateur bands
|
Reply
|
|
by AA4PB on October 17, 2008
|
Mail this to a friend!
|
On March 19, 1997 the FCC was petitioned to change the rules to specifically permit such operation. Their response was:
In denying the Cardillo-Lee petition, the FCC basically said a change in the rules was not required, in part because of amendments it made in 1993 regarding prohibited transmissions. The FCC said the requested clarification was unnecessary "because these two-way communications are permitted within the existing rules." The FCC said hams who also are emergency personnel engaged in disaster relief "do not appear to be receiving compensation for transmitting communications." The FCC said it views the Amateur Radio operation in such situations as incidental to the individual's primary disaster-relief duties.
The last sentence of the response makes it legal according to FCC interpretation.
http://www.arrl.org/news/stories/1999/12/02/3/
|
| |
|
RE: Public Safety use of amateur bands
|
Reply
|
|
by K9RFZ on October 17, 2008
|
Mail this to a friend!
|
|
Thanks AA4PB. I found a similar answer on the ARRL webpage, but you replied before I could answer my own question.
|
| |
|
RE: Public Safety use of amateur bands
|
Reply
|
|
by KS4VT on October 19, 2008
|
Mail this to a friend!
|
During times of a recognized disaster, which is what the FCC was noting in its posting, yes there is no restriction. However, during times of non-disaster this rule is what needs to be followed:
Sec. 97.113 Prohibited transmissions.
(5) Communications, on a regular basis, which could reasonably be furnished alternatively through other radio services.
http://edocket.access.gpo.gov/cfr_2007/octqtr/47cfr97.113.htm
Now if your asking from an employers point of view, this is up to the company's internal policy's as to whether an employee can use AP during the time he/she is "on the clock". The FCC won't rule on something like that.
You need to clarify as to whether your asking about a "declared emergency" or day-to-day communications.
Mark KS4VT
|
| |
|
RE: Public Safety use of amateur bands
|
Reply
|
|
by K9RFZ on October 20, 2008
|
Mail this to a friend!
|
The examples I specifically asked about in the original post deal with professional (compensated) emergency management and responders using amateur radio bands in the course of an incident response or drill. The questioon arose at our local DHS office if the licensed Director could initiate an ARES or RACES activation by using amateur radio frequencies. From the cited references, the answer appears to be yes.
Joseph, K9RFZ
Allen County Indiana ARES EC
|
| |
|
RE: Public Safety use of amateur bands
|
Reply
|
|
by AA4PB on October 20, 2008
|
Mail this to a friend!
|
I don't believe the FCC was talking only of operation during an actual declaired disaster - they didn't say that. What they said (without reading anything into it) is that they consider the operation of the amateur to be incidental to his primary job for which he is on pay status. He therefore is not considered by the FCC to be paid for operation of the amateur station.
To further back up that interpretation, the FCC's statement was in response to a request to change the rules to specifically permit a ham who is also a paid emergency person to operate the radio while on pay status for drills and training. The FCC's response was that the rules already permit such operation.
|
| |
|
RE: Public Safety use of amateur bands
|
Reply
|
|
by KS4VT on October 20, 2008
|
Mail this to a friend!
|
If the below is what you were originally asking then the answer would be yes. The original query was confusing as it noted a number of scenarios.
As to day-to-day communications the answer is no and Part 97.113(5) is the controlling rule.
>The examples I specifically asked about in the >original post deal with professional (compensated) >emergency management and responders using amateur >radio bands in the course of an incident response or >drill. The questioon arose at our local DHS office >if the licensed Director could initiate an ARES or >RACES activation by using amateur radio frequencies. >From the cited references, the answer appears to be >yes.
>Joseph, K9RFZ
>Allen County Indiana ARES EC
|
| |
|
RE: Public Safety use of amateur bands
|
Reply
|
|
by KS4VT on October 20, 2008
|
Mail this to a friend!
|
In denying the Cardillo-Lee petition.... The FCC said the requested clarification was unnecessary "because these two-way communications are permitted within the existing rules." The FCC said hams who also are "emergency personnel engaged in disaster relief" "do not appear to be receiving compensation for transmitting communications." The FCC said it views the Amateur Radio operation in such situations as incidental to the individual's primary disaster-relief duties.
They mention Disaster twice in their statement and I think they meant Disaster. I didn't have to read into it as it is very clear.
>I don't believe the FCC was talking only of >operation during an actual declaired disaster - they >didn't say that.
|
| |
|
RE: Public Safety use of amateur bands
|
Reply
|
|
by AA4PB on October 20, 2008
|
Mail this to a friend!
|
...do not appear to be receiving compensation for transmitting communications
-----------------------------------------------------
If they don't appear to be receiving compensation for transmitting communications during a real disaster, why would they appear to be receiving compensation for transmitting communications during a disaster drill?
I think you are reading too much into it. I do agree that they can't use ham radio for their daily routine business. In addition to receiving compensation that would also be considered business communications in many cases.
|
| |
|
RE: Public Safety use of amateur bands
|
Reply
|
|
by KI4CRA on November 1, 2008
|
Mail this to a friend!
|
Joseph,
FWIW, I have several friends who are with the local sheriffs dept. they do in the course of their duty operate on the ham bands, mostly 2/440, but they di. I have another friend who is a salaried employee with the local chapter of the Red Cross, he has most definitely operated in the time of a disaster, and we have had our share here on the Treasure Coast of Florida. He actually had to get some help as he was drawn in 2 directions. One as a radio op, the other as a red cross employee. So yea it can and is done on a routine basis.
73 de Mark
AI4HO
|
| |
|
Email Subscription
You are not subscribed to this topic.
Subscribe!
My Subscriptions
Subscriptions Help
Check our help page for help using
Forum, or send questions, comments, or suggestions to the
Forum Manager.
|
|
|
