A.  They are in Part 97.  The rules therein are designed to provide, in places where the FCC regulates communications, an amateur radio service whose fundamental purpose is expressed in five principles - the first of which is recognition and enhancement of its value to the public as a voluntary noncommercial communication service, particularly with respect to providing emergency communications.  See Section 97.1(a).  Our amateur service is for a uniquely-qualified segment of our American public: duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest.  We are to use our allocated spectrum to carry out self-training, intercommunication and technical investigations.  See Section 97.3(a)(4).  In other countries, amateur radio is reportedly considered to be a form of recreation.  

   First and foremost, however, communications by emergency service providers is regulated under Part 90, Private Land Mobile Radio Services.   Those rules establish a Public Safety Radio Pool and provide for the licensing of non-federal governmental entities - including law enforcement and fire protection - as well as medical services, rescue organizations, veterinarians, persons with disabilities, disaster relief organizations, school buses, beach patrols, establishments in isolated places, communications standby facilities, and emergency repair of public communications facilities.

   Q.  What should a FCC-licensed amateur operator do in providing emergency communications?

   A.  Read and heed the rules. Those for amateur stations providing certain specialized emergency communications are codified in Sections 97.401 through 97.407:  operation during a disaster (Alaska); safety of life and protection of property (last resort); station in distress (SOS) and RACES.  Section 97.101(c), moreover, says that at all times and on all frequencies, each control operator must give priority to stations providing emergency communications, except to stations transmitting communications for training drills and tests in RACES. 

   Section 97.111(a)(2) authorizes an amateur station to transmit two-way communications necessary to meet essential communication needs and to facilitate relief actions.  Paragraph (a)(3) authorizes an amateur station to transmit two-way communications necessary to exchange messages with a station in another FCC-regulated service while providing emergency communications.  Paragraph (b)(4) of that rule section also authorizes one-way transmissions necessary to providing emergency communications.  

   W3BE-O-GRAM:   Sharpen your technical and operating skills to the very best of your ability. Have your station ready at all times to intercommunicate with local and distant amateur stations even under the most adverse occurrences.  Then, should normal communication systems prove to be inadequate when the unexpected strikes in your locale, you can summons any relief needed.  Develop the ability to communicate by all popular emission modes, especially telegraphy.  In some predicaments, CW may be the only option available to you.

   Q.  I read somewhere that where there is an immediate threat to life or property, an amateur station may be used by anyone.  True?

   A.  That claim is a partial statement of last resort Section 97.403:  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.

   Q.  What types of communications may an amateur station transmit while providing emergency communications?

   A.  Communications transmitted by amateur stations are subject to the same authorized transmissions (Section 97.111) and prohibited transmissions (Section 97.113) whether or not emergency communications are being provided. 

   NOTICE:  In the Report and Order in WP Docket No. 10-72 adopted July 14, 2010, the FCC stated, "While we recognize (the) commenters' concerns regarding the potential for improper use of amateur radio in conducting emergency drills and tests, we find that the public interest in permitting non-government-sponsored entities to utilize, on a limited basis, amateur radio as part of emergency preparedness and response drills outweighs such concerns."  Section 97.113(a), therefore, was amended to read:

§ 97.113   Prohibited transmissions.

   (a) No amateur station shall transmit:

       (1) Communications specifically prohibited elsewhere in this part;

       (2) Communications for hire or for material compensation, direct or indirect, paid or promised, except as otherwise provided in these rules;

       (3) Communications in which the station licensee or control operator has a pecuniary interest, including communications on behalf of an employer, with the following exceptions:

           (i) A station licensee or control station operator may participate on behalf of an employer in an emergency preparedness or disaster readiness test or drill, limited to the duration and scope of such test or drill, and operational testing immediately prior to such test or drill.  Tests or drills that are not government-sponsored are limited to a total time of one hour per week; except that no more than twice in any calendar year, they may be conducted for a period not to exceed 72 hours. 

          (ii) An amateur operator may notify other amateur operators of the availability for sale or trade of apparatus normally used in an amateur station, provided that such activity is not conducted on a regular basis.

         (iii) A control operator may accept compensation as an incident of a teaching position during periods of time when an amateur station is used by that teacher as a part of classroom instruction at an educational institution.

         (iv) The control operator of a club station may accept compensation for the periods of time when the station is transmitting telegraphy practice or information bulletins, provided that the station transmits such telegraphy practice and bulletins for at least 40 hours per week; schedules operations on at least six amateur service MF and HF bands using reasonable measures to maximize coverage; where the schedule of normal operating times and frequencies is published at least 30 days in advance of the actual transmissions; and where the control operator does not accept any direct or indirect compensation for any other service as a control operator.

***

   Q.  What communications are specifically prohibited in Part 97?

   A.  Section 97.113 lists them. With exceptions, they include music using a phone emission; communications to facilitate a criminal act; messages encoded for the purpose of obscuring their meaning, obscene or indecent words or language; false or deceptive messages, signals, or identification; and communications, on a regular basis, which could reasonably be furnished alternatively through other radio services.

   Paragraph (b) says, with exceptions, an amateur station shall not engage in any form of broadcasting, nor may an amateur station transmit one-way communications except as specifically provided (See Section 97.111(b)); nor shall an amateur station engage in any activity related to program production or news gathering for broadcast purposes.  Paragraph (e) says, with exceptions, no station shall retransmit programs or signals emanating from any type of radio station other than an amateur station. Paragraph (f) says no amateur station, except an auxiliary, repeater, or space station may automatically retransmit the radio signals of other amateur station(s).

   Q.  Radio operators accepting compensation obviously have a pecuniary interest.  They are not amateurs, therefore, under the specific definition codified in SEC. 3. [47 USC 153](2) of the Communications Act of 1934;  No. 1.56 of the international Radio Regulations (RR);  47 CFR Section 2.1(c) and Section 97.3(a)(4).  Those four bedrock regulations clearly establish the core principle that an amateur is a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest. 

   A.  A license grantee, therefore, who cannot be classified as a bona fide amateur operator because of having failed the aforementioned no-pecuniary-interest qualifying standard is, quite obviously, a professional compensated operator.

   Q.  Section 97.113(a)(3)(i) authorizes an amateur station licensee or control station operator to participate in providing communications on behalf of an employer in an emergency preparedness or disaster readiness test or drill.  There is, however, no definition of a control station operator or even a control station anywhere in Part 97.  A control station is generally considered to be a special operation auxiliary station; one that transmits communications point-to-point within a system of cooperating amateur stations for remote control and telecommand purposes under the authority of Sections 97.3(a)(7) and 97.201.

   A.  This apparently is not the meaning of control station in the context of the rule.  The use of the term control station operator is probably an unintentional scramble of the term control operator, which is defined in Section 97.3(a)(13): An amateur operator designated by the licensee of a station to be responsible for the transmissions from that station to assure compliance with the FCC Rules.

   Q.  Section 97.113(a)(3)(i) says that a station licensee or control station operator may participate on behalf of an employer.  Does that mean that they may communicate on behalf of only one hospital, or can it be for more than one?

   A.  The word an usually means one.  

   Q.  Section 97.113(a)(3)(i) seems to say that the safety and health employer does not necessarily have to be that station licensee's or that SCO 's employer.  Is this correct?

   A.  The rule reads as only the SCO 's employer.

   Q. Section 97.101(c) says:  At all times and on all frequencies, each control operator must give priority to stations providing emergency communications, except to stations transmitting communications for training drills and tests in RACES.  Does that mean that non-RACES hospital and emergency care responders have priority over our amateur service communications while they are conducting their emergency drills and tests?

   A.  Yes.  In the Report and Order in WP Docket No. 10-72 adopted July 14, 2010, the FCC stated, "While we recognize (the) commenters' concerns regarding the potential for improper use of amateur radio in conducting emergency drills and tests, we find that the public interest in permitting non-government-sponsored entities to utilize, on a limited basis, amateur radio as part of emergency preparedness and response drills outweighs such concerns."

   Q.  Do the employees really have to bother getting ham licenses?  Can't they do it just like the Field Day GOTA stations?

   A.  Hopefully, some of them, at least, will get a license grant.  The GOTA principle, however, is not a special rule just for Field Day.  If their stations are transmitting under the last resort Section 97.403, moreover, they are authorized to use any means of radiocommunication at their 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;  even the SCO does not have to be at the station's control point monitoring and supervising the non-hams.

    Q.  Section 97.113(a)(5) says that no amateur station shall transmit communications, on a regular basis, which could reasonably be furnished alternatively through other radio services.  Does this mean my station is authorized to transmit such communications on an irregular basis, such as at different times of the day or different days of the week or on different channels?

   A.  That doesn't appear to be the meaning.  Rather, the rule leaves it to us to adopt what we consider to be good amateur practice and be judged thereon as making the most effective use of our amateur service frequencies.  See Section 97.101(b).

   W3BE-O-GRAM:  Both amateur operators and compensated operators should make certain that spectrum is being used for purpose for which it is allocated, i.e., Part 80 Maritime Stations; Part 87 Aviation Services; Part 90 Private Land Mobile Radio Services; Part 95 Personal Radio Services; Part 97 Amateur Radio Service; or Part 101 Fixed Microwave Services. 

   Q.  Can I use my amateur station to intercommunicate directly with a police officer on Part 90 channels?

   A.  No.  Your amateur station is only authorized to transmit on amateur service frequencies.  Should a police officer somehow having the capability of receiving your station's transmissions, however, choose to intercommunicate with you while providing emergency communications, such is authorized by Section 97.111(a)(3).  It says that an amateur station may transmit two-way communications necessary to exchange messages with a station in another FCC-regulated service while providing emergency communications.  You would, of course, have to have the capability of receiving the Part 90 channel.

   W3BE-O-GRAM: This procedure is sometimes referred to a crossbanding.  See BE Informed No. 31 HAMSLANGUAGE.

  Q.  What is the difference between an emergency and a disaster?

  A.  Because they are not defined specifically within the FCC rules, their common meanings apply.  Dictionary.com defines emergency as a sudden, urgent, usually unexpected occurrence or occasion requiring immediate action.  It can also mean a state, especially, of need for help or relief, created by some unexpected event.  As an adjective, it means granted, used, or for use in an emergency.  Disaster is defined as a calamitous event, especially one occurring suddenly and causing great loss of life, damage, or hardship, as a flood, airplane crash, or business failure.

  Q.  It is a widely accepted practice for the station licensee and SCO s of a 24-7 repeater to be employed in some capacity unrelated to the repeater.  What are the rules for me being the station licensee and/or SCO  of an amateur station while accepting pay for doing something else?

   A.  Although your employer's policy may frown upon you engaging in such activity while on the company-clock, the FCC rules do not prohibit you from doing so as long as your intercommunications passes the BE Informed No. 3 Section 97.113 SMELL TEST.

   Q.  Suppose the repeater station licensee works for the XYZ Company and I work somewhere else.  Does that mean that my station could transmit a message on behalf of the XYZ Company that passes the Section 97.113 Smell Test for me, a non-employee, but that the repeater could not retransmit it because it does not pass the same test for the repeater station licensee, an employee?

   A.  Definitely.  The same also holds true for the SCO, if a different person than the station licensee.  If this restriction presents a dilemma, they could caution the users about their place-of-employment status.  Additionally, they have some short-term flexibility in Section 97.205(g) where it says that SCO of a repeater that retransmits inadvertently communications that violate the rules in Part 97 is not accountable for the violative communications.

   W3BE-O-GRAM:  A club, therefore, may want to take place-of-employment into account when selecting the license trustee for its repeater.  The repeater station licensee, moreover, may likewise take it into account when designating the repeater SCO.

   Q.  I have heard reports of hospitals choosing our amateur service rather than the Public Safety Radio Pool for their backup systems.  They encourage their staff to obtain Technician Class operator licenses.  Can a hospital staff amateur operator be the SCO of the hospital's amateur station while they are on the clock?

   A.   Yes.  Last resort Section 97.403 says that no provision of Part 97 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.  

   W3BE-O-GRAM:  For short-range intercommunications, at least, in addition to the Part 90 Public Safety Radio Pool, the hospital administration might consider for their backup system some of the Part 95 Personal Radio Services.  They provide citizens and non-citizens alike with access to HF CB, VHF Multi-Use, and UHF Family and General Mobile Personal Radio Services.

   Q.  Do I use my home call sign while I am working from an EOC or a hospital during a drill or an emergency?

   A. That's but one option.  Under that choice, you are the station licensee, responsible for the proper operation of the station, as it says in Section 97.103(a).  The station transmits your primary station call sign in the station identification announcement. You then designate yourself as the SCO. 

  Another option would be for another amateur operator to agree to be the station licensee and then designate you as the SCO.  The station transmits that amateur operator's primary station call sign in the identification announcement. That station licensee and you - the SCO - are both accountable for the duties of its SCO being performed properly.  Note that Section 97.103(b) says that the FCC will presume that the station licensee is also the SCO unless there is documentation to the contrary.  See BE Informed No. 1 W3BE CHECKLISTS for the duties of each.

  Another possibility is for a club station license trustee to agree to be the station licensee.  Again, the trustee would have to designate you as the SCO.

   Q.  Many state government agencies are using our ham bands through ARES, and even more at the county agency level.  The Department of Homeland Security has provided hundreds of thousands of dollars to medical emergency facilities for amateur radio apparatus for use when "necessary."  But, I hear hospital nets everywhere chit-chatting on their HF stations to "check" their systems.   I understand this encroachment also occurs on VHF.

   A.  There is no FCC rule prohibiting this.

   Q.  What is ARES?  

   A.  The Amateur Radio Emergency Service® consists of licensed amateur operators who have voluntarily registered with their ARRL Section Emergency Coordinator (Section Manager) their qualifications and equipment for communications duty in the public service when disaster strikes.   Every licensed amateur, regardless of membership in any local or national organization, is eligible to apply for membership in ARES.  Training may be required or desired to participate fully in ARES.  Emergency-powered equipment is desirable, but is not a requirement.

   Q.  Can a fire-fighter, also a licensed amateur operator, fighting a fire, pick up his amateur service handheld radio and call another amateur station down the block to ask if the road is clear?

   A.  Yes, under last resort Section 97.403, just as long as no normal communications system is available to him, and his is an essential communication transmitted in connection with the immediate safety of human life and immediate protection of property.

   Q.  What about international communications?

   A.  Section 97.115(a)(2) authorizes an amateur station to transmit messages for a third party to any station within the jurisdiction of any foreign government when transmitting emergency or disaster relief communications.  Otherwise, Section 97.117 limits transmissions to a different country to communications incidental to the purposes of the amateur service and to remarks of a personal character and Section 97.115(b) prohibits transmitting messages for a third party to any station within the jurisdiction of any foreign government whose administration has not made arrangements with the U.S. to allow amateur stations to be used for transmitting international communications on behalf of third parties. 

   Q. Section 97.115(a)(2) authorizes our FCC-licensed amateur stations to transmit emergency or disaster relief communications for a third party to any station within the jurisdiction of any foreign government whose administration has not made arrangements with the U.S. to allow amateur stations to be used for transmitting international communications on behalf of third parties.  Is there a similar authorization for transmitting non-third party emergency or disaster relief communications?

   A.  No.  Section 97.117 limits transmissions to a different country to communications incidental to the purposes of the amateur service and to remarks of a personal character.  The exception for emergency or disaster relief communications applies only to third party communications.

   Q.  That conjures up the picture of me having to call upon some third party to compose all messages concerning emergency relief transmitted to a station in another country even if I am the one seeking assistance!

   A.  Obviously, this arrangement is the result of international negotiations and it is the best our representatives have been able to obtain.  Clearly, the model for this authorization is for humanitarian purposes.  It allows for the transmission of vital relief information from a third party expert to a station in a devastated country that has no other means for such intercommunications.

  Q.  Our local police department has purchased some dual-band (144/440) ham radio handheld transceivers.  They told me they had them modified to "operate on MARS frequencies."  They are, however, using these radios on 150 MHz for every day public safety business.  Their rationale for this approach is: the "ham radios were less expensive than commercial-grade handhelds, and work just the same."  Is this legal?  If not, can you give me a specific reference in FCC rules that I use to convince them?

   A.  The citation is Title 47 United States Code of Federal Regulations - Telecommunication - PART 90-PRIVATE LAND MOBILE RADIO SERVICES which includes the Public Safety Radio Pool.  Section 90.203 says:  Certification required.  (a) Except as specified in paragraphs (b) and (l) of this section, each transmitter utilized for operation under this part and each transmitter marketed as set forth in Section 2.803 of this chapter must be of a type which has been certificated for use under this part.  Transmitters used in the amateur radio services do not have this requirement.

   W3BE-O-GRAM: Contemporary transceiver design enables manufacturers to produce units capable of transmitting on a very wide range of channels encompassing several radio services.  Additional circuitry is incorporated, therefore, to prevent them from transmitting on any channel except those allocated to the radio service for which they are marketed.  In the field, however, this restrictive circuitry can be defeated, sometimes by simply clipping a single, easily-identified, very accessible wire.  Such modification of amateur radio apparatus to transmit on MARS channels is a tolerable practice because transmitters used in neither the amateur service nor MARS are not subject to type certification.  The modification, however, also renders the unit with the capability of transmitting on channels in radio services where type certification is a requirement.  The sometime used cover story term for such practice is "modified for MARS," although the intended usage may in some other radio service.

   Your police department's rational has some validity.  Although transmitters for our amateur service are not type certificated and are typically much lower in cost than their Part 90 and Part 80 (Maritime Stations) counterparts, they often perform comparably.  Our amateur service presents a very demanding market to its suppliers.  Should a manufacturer attempt to market a shoddy transmitter to our community, word of its duplicity would travel fast. 

   Q.  What is MARS?

   A.   "MARS" stands for the Military Affiliate Radio System.  It is sponsored by the Department of Defense, established as separately managed and operated programs by the U.S. Army, Navy and Air Force.  It is a civilian auxiliary primarily of FCC-licensed amateur radio operators who assist the military with communications transmitted on government radio spectrum.  In many instances, equipment manufactured commercially for use in the amateur radio service must be modified in order to transmit on the MARS channels.  The FCC has no involvement in MARS.

   Q.  What is RACES?

   A.  RACES stands for the Radio Amateur Civil Emergency Service.  Section 97.3(a)(37) says it is a radio service using amateur stations for civil defense communications during periods of local, regional or national civil emergencies.    

   Q.  What is the purpose of the RACES? 

   A.  Section 97.111(a)(4) authorizes an amateur station to transmit two-way communications necessary to exchange messages with a United States government station, necessary to providing communications in RACES.  The Communications Act provides the President with special war emergency powers.  That is the basis for Section 97.407 which says that in the event of an emergency that necessitates President invoking those powers, amateur stations participating in RACES may only transmit on the frequency segments authorized pursuant to Part 214 PROCEDURES FOR THE USE AND COORDINATION OF THE RADIO SPECTRUM DURING A WARTIME EMERGENCY. 

   Q.  What does Part 214 say?

   A.  Section 214.4(a) says that whenever it is determined necessary to exercise, in whole or in part, the President's emergency authority over telecommunications, the Director, Office of Science and Telecommunications Policy, will exercise that authority.  Section 214((b) says, in this connection, and concurrently with the war or national emergency proclamation by the President, the Director, OSTP will:

   (1) Authorize the continuance of all frequency authorizations issued by the National Telecommunications and Information Administration and the FCC, except as they may otherwise be modified or revoked by the Director, in the national interest;

   (2) Re-delegate to the Secretary of Defense the authority necessary to control the use of the radio spectrum in areas of active combat, where such control is necessary to the support of U.S. military operations;

   (3) Close all non-government radio stations in the international broadcasting service as defined in the FCC rules and regulations, except those carrying or scheduled to carry U.S. Government-controlled radio broadcasts.

   W3BE-O-GRAM:  In the event of an emergency that necessitates the President invoking those powers, therefore, it won't necessarily be the FCC that determines what we hams can do.

   Q. What are those certain types of emergency-related messages that RACES stations can transmit?

   A. Section 97.407(e) says that all communications transmitted in RACES must be specifically authorized by the civil defense organization for the area served. Only civil defense communications of the following types may be transmitted:

   (1) Messages concerning impending or actual conditions jeopardizing the public safety, or affecting the national defense or security during periods of local, regional, or national civil emergencies;

   (2) Messages directly concerning the immediate safety of life of individuals, the immediate protection of property, maintenance of law and order, alleviation of human suffering and need, and the combating of armed attack or sabotage;

   (3) Messages directly concerning the accumulation and dissemination of public information or instructions to the civilian population essential to the activities of the civil defense organization or other authorized governmental or relief agencies; and

   (4) Communications for RACES training drills and tests necessary to ensure the establishment and maintenance of orderly and efficient operation of the RACES as ordered by the responsible civil defense organization served. Such drills and tests may not exceed a total time of 1 hour per week. With the approval of the chief officer for emergency planning in the applicable State, Commonwealth, District or territory, however, such tests and drills may be conducted for a period not to exceed 72 hours no more than twice in any calendar year.

   Q. Our county RACES will be participating in a state-wide drill that will exceed the 1 hour per week rule. It is my understanding that we can exceed 1 hour, two times per year, up to 72 hours each time. Please clarify just whose permission is needed in order to exceed 1 hour?

   A.  That depends upon how civil defense is organized in your area.  Section 97.407(e) says that all communications transmitted in RACES must be specifically authorized by the civil defense organization for the area served. Only civil defense communications of certain types may be transmitted, including (4) that for RACES training drills and tests necessary to ensure the establishment and maintenance of orderly and efficient operation of the RACES as ordered by the responsible civil defense organization served. Such drills and tests may not exceed a total time of 1 hour per week. With the approval of the chief officer for emergency planning in the applicable State, Commonwealth, District or territory, however, such tests and drills may be conducted for a period not to exceed 72 hours no more than twice in any calendar year.

  In that your county RACES will be participating in the state-wide drill, the "area served" appears to be the state and the "responsible civil defense organization for the area served" would be a state agency.  The rule allows only "the chief officer for emergency planning in the State" to approve drills and tests in excess of 1 hour per week.  The rule does not allow a local jurisdiction's emergency manager to approve drills and tests that exceed 1 hour per week.  Note that in other paragraphs of the rule the phrase, "a [or the] civil defense organization" is used.  This is broader than "State, Commonwealth, District or territory" in that it includes local or national civil defense organizations, thereby comporting with the definition of RACES in Section 97.3(a)(37) - A radio service using amateur stations for civil defense communications during periods of local, regional or national civil emergencies.

  W3BE-O-GRAM:  Keep in mind that such RACES training drills and tests are not entitled to exclusive use of any spectrum.  The participating stations have to share with our amateur stations the spectrum allocated to our amateur service.

   Q.  I was working an event for 7 days.  We were directed to check in with the EOC on an hourly basis during our shifts.  We simply ID with our respective call sign, the check in calls were generated by EOC/NCO.  We were directed not to call the EOC except to pass emergency traffic.  During the second day of operation, we were directed by EOC/NCO to move to an alternate simplex frequency due to poor reception with EOC.  I informed our "lead ham" that we are responsible to check-out with EOC at the end of our shift. I was informed that this was not necessary.   I told him it was our responsibility to inform EOC that we were closing the station(s) down individually or sign off with our "lead ham" who in turn would notify EOC we closed down.  Again he told me it was unnecessary as we were not to pass non-emergency traffic. He considered notification of closing the station, going off the air was not permitted.  I would appreciate your comments and advice on the proper sign off procedures in this situation.

   A. Apparently, your stations were all transmitting their call signs in the identification announcements in accord with Section 97.119(a). It says that each amateur station, except a space station or telecommand station, must transmit its assigned call sign on its transmitting channel at the end of each communication, and at least every 10 minutes during a communication, for the purpose of clearly making the source of the transmissions from the station known to those receiving the transmissions.  None of the other occurrences seem to be covered by the FCC rules.

   Q.  Some guy wants to modify a ham transceiver to work on CAP.  CAP frequencies are not available for transmitting on our ham radios.  But all he has to do is cut the blue wire circuitry that blocks the CAP channels.  It is my understanding that cutting the blue wire is illegal.  Another CAP friend said that, if you are qualified to transmit on those frequencies, then modifying the radio to transmit on those frequencies is not illegal. 

   A.  The Civil Air Patrol http://www.cap.gov/ is not part of our amateur service.  It is a nonprofit corporation and the Auxiliary of the U.S. Air Force.  Because transmitters marketed to amateur station licensees are not FCC-certified, it is not an FCC issue. A modified non-certified transmitter is still a non-certified transmitter.

   Q.  Can our club use its repeater to rebroadcast severe weather forecasts from a NOAA Weather Radio Station?

  A. Yes, assuming that your question misuses the word "rebroadcast" and that you really mean, "retransmit."  Section 97.113(e) specifically authorizes limited retransmissions of propagation and weather forecast information intended for use by the general public and originated from U.S. Government stations.  Such amateur station retransmissions, however, must not be conducted on a regular basis, but only occasionally as an incident of normal amateur radio communications.

   For your system, keep in mind that your repeater would be - under the authority of Section 97.111(b)(6) - making a one-way transmission necessary to disseminating an information bulletin.  The definition of such a bulletin is stated in Section 97.3(a)(26).  It is a message directed only to amateur operators consisting solely of subject matter of direct interest to the amateur service.

  Section 97.113(b) says that an amateur station shall not engage in any form of broadcasting.  Section 97.3(a)(10) defines the term "broadcasting" as transmissions intended for reception by the general public, either direct or relayed.

  W3BE-O-GRAM: Your station should never be broadcasting.  It would simply be hamcasting, hamslanguage for transmitting occasionally one-way information bulletins to amateur operators.   In this instance, bulletins necessary to providing us with the vital weather information we need to know in order to maintain and operate our stations appropriately.  That's our cover story, anyway.   From the frequency allocation standpoint, moreover, it can be risky business to use our amateur service bands for the purpose of duplicating transmissions readily receivable on spectrum allocated to some other radio service. Such could raise the interest of government spectrum managers who could view it as proof of an inequitable allocation that needs correction.

   Q. What is the NOAA Weather Radio?

   A.  The National Oceanic & Atmospheric Administration is part of the Department of Commerce.  Its NWR is a nationwide network of VHF radio stations broadcasting continuous weather information direct from a nearby National Weather Service Office.  The broadcasts include forecasts, watches, warnings and other hazard information for all types of hazards both natural (such as earthquakes and volcano activity) and environmental (such as chemical releases or oil spills).  See the website at www.nws.noaa.gov/nwr.

   Q. Where are the NWR channels?

   A. There are seven NWR channels: 162.400 MHz, 162.425 MHz, 162.450 MHz, 162.475 MHz, 162.500 MHz, 162.525 MHz and 162.559 MHz.  Many of our VHF receivers can tune in the broadcasts directly.

   Q. The National Weather Service broadcasts sometimes contain tones interspersed with the speaker's voice.  Can these tones be retransmitted on our repeater?

   A. Yes. Section 97.3(c)(5) says that incidental tones for the purpose of selective calling or alerting or to control the level of a demodulated signal may be considered a phone emission type.

   Q.  May I - as a FCC-licensed amateur radio operator - accept compensation for consulting services that I provide regarding the use of amateur radio for emergency communications?

   A.  Certainly, unless you are selling your services via messages transmitted on our amateur service radio spectrum.  Give them the BE Informed No. 3 Section 97.113 SMELL TEST.  Even then, Section 97.113(a)(3)(iii) provides a possible exception: A SCO may accept compensation as an incident of a teaching position during periods of time when an amateur station is used by that teacher as a part of classroom instruction at an educational institution.

   Q.  We are planning a military-civilian full-scale preparedness drill.  About 70-80 agencies, 5000 or so people, will come together to do a bio-terrorist attack scenario.  I have been appointed to call up an amateur radio backup net.  What is the possibility of the FCC issuing an Emergency Communications Declaration?

   A. Unlikely. There is no provision in Part 97 authorizing an FCC office to issue an emergency communications declaration in the event of a real disaster, let alone a drill.  You probably have in mind a former rule that allowed a request for a declaration of a temporary state of emergency to be directed to the engineer in charge of the FCC field office in the area concerned when a disaster had occurred that disrupted normal communication systems.  When granted, it overrode, for a short period, Section 97.101(b) which stipulates (1) that no frequency will be assigned for the exclusive use of any station and (2) each station licensee and each SCO must cooperate in selecting transmitting channels and in making the most effective use of the amateur service frequencies.  Even when granted, that declaration applied only in places where the FCC regulates our amateur service. 

  That now-deleted rule was apparently redundant with the still codified Section 97.101(c): At all times and on all frequencies, each SCO must give priority to stations providing emergency communications, except to stations transmitting communications for training drills and tests in RACES. 

  W3BE-O-GRAM:  Your approval for the exclusive use of certain channels must come from the amateur operators otherwise entitled to them. Our repeater system channeling arrangement, for example, is based upon such a near-unanimous concession.  

   Q.  I have been informed that 47 U.S.C. Section 606, specifically subparagraph (c), in effect will get sometimes close to an ECD.  Is this so? 

   A. Not close enough for your purposes. Section 706 of the Communications Act of 1934, as amended, 47 U.S.C. 606, gives the President the right to invoke special War Emergency Powers.  It is the basis for Section 97.407 which says that in the event of an emergency that necessitates invoking the President's War Emergency Powers, RACES stations and amateur stations participating in RACES may only transmit on the frequency segments authorized pursuant to Part 214, PROCEDURES FOR THE USE AND COORDINATION OF THE RADIO SPECTRUM DURING A WARTIME EMERGENCY. 

   Should the President issue such a proclamation, the Director of the White House Office of Science and Telecommunications Policy will take charge and issue such policy guidance, rules, regulations, procedures, and directives as may be necessary to assure effective frequency usage during wartime emergency conditions.  

  W3BE-O-GRAM:  During World War II, the amateur service was shut down completely.  Let's hope it never comes to that again.

   Q.  We operate our club station at the National Weather Service Office for SKYWARN.  We have both HF and VHF capability.  I am the Trustee of the station, but I want to be relieved of this responsibility. Our team chairman has a technician class license and is willing to be the trustee.  My question is: If the club station trustee is a Technician, can General class licensees operate the station in the HF bands using the club call sign?

   A.  Yes, if the transmissions take place on spectrum available to a station having a SCO  holding a General Class operator license grant. 

  W3BE-O-GRAM: Here is a federal government agency eligible for access to its own government radio spectrum encroaching onto our amateur service spectrum.

   Q. Will the General Class operators have to append their call sign to the club station call sign?

   A. Yes. Section 97.119(e) says: When the operator license class held by the SCO exceeds that of the station licensee, an indicator consisting of the call sign assigned to the SCO's station must be included after the call sign.

   Q.  When there is an emergency like a hurricane, the FCC should allow us to use phone in the CW band segments so that we can avoid the congestion in the phone segments.

   A.  Presumably, issues such as that one have been carefully taken into account through the rulemaking process.  In fact, one of the traditional arguments presented by the amateur service community for even having CW band segments where phone type emissions are prohibited is to better provide for emergency communications.  Section 97.101(c), moreover, says that at all times and on all frequencies, each SCO must give priority to stations providing emergency communications, except to stations transmitting communications for training drills and tests in RACES.

July 30, 2010                                                                         

Supersedes all prior editions