BE INFORMED NO. 44.1
EMERGENCY
John B. Johnston W3BE
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, such issues have been thoroughly
and properly addressed by experts during the rulemaking notice and comment process. In fact, one of the classic arguments
presented by our amateur service community for even having segments where analog phone emissions are prohibited is to better
provide for emergency communications by CW telegraphy.
Q. We know
that changes to our amateur service have been made: paid operators and station licensees, government and employer sponsored
testing and drilling, etc. Part 97 is not very forthcoming about those changes. Please sort it out for us.
A. Yes there have been changes. Additional text (bold) under the heading of Prohibited practices has been added
to Section 97.113(a)(3):
(a) No amateur station shall transmit:
(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.
This rule
now authorizes control operators and station licensees to use our amateur service spectrum on behalf of employers. Heretofore,
a basic doctrine of our amateur radio service has been that every amateur station was prohibited from transmitting communications
in which the station licensee or control operator has a pecuniary interest, including communications on behalf of an employer.
It was in agreement with No. 1.56 of the international Radio Regulations (RR) which defines the term:
Amateur service: A radiocommunication service for the purpose of self-training, intercommunication
and technical investigations carried out by amateurs, that is, by duly authorized persons interested in radio technique solely
with a personal aim and without pecuniary interest.
The same wording is codified in SEC. 3. [47 USC 153](2) of the Communications Act of 1934 as well as the United States Code of Federal Regulations Title 47 Sections 2.1(c) and 97.3(a)(4). There is a pecuniary interest, obviously, whenever a person causes or allows a station to transmit
communications on behalf of an employer. Persons who perform commercially in a field otherwise reserved for hobbyists
or amateurs turn professional and relinquish their status as amateurs.
The most significant change, therefore, is the acceptance of professional control operators and station
licensees into our radio service which - until now - has been strictly for amateurs. This has made for some very complicated
sharing arrangements. Basically, the participation on behalf of an employer in an emergency preparedness or disaster
readiness test or drill is limited to the duration and scope of such test or drill and to operational testing immediately
prior to such test or drill. There are, therefore, three phases to such providing of emergency communications:
The first phase is the providing of actual emergency
communications when there is a sudden, urgent, unexpected occurrence or occasion requiring immediate help or relief; a need
of assistance for the immediate safety of human life or the protection of property; and no other means of communication is
reasonably available. Sections 97.403 and 97.405 are the operative rules for this phase. They say:
§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.
§97.405 Station in distress
(a) No provision of these rules prevents the use by an amateur station in distress of any means at its disposal to attract
attention, make known its condition and location, and obtain assistance.
(b) No provision of these rules prevents
the use by a station, in the exceptional circumstances described in paragraph (a) of this section, of any means of radiocommunications
at its disposal to assist a station in distress.
The second phase is the providing of emergency communications in an emergency
preparedness or disaster readiness test or drill. These can be government-sponsored or, apparently, private sector-sponsored.
When government-sponsored, there are no time limits to the testing and drilling. Not so for the private sector-sponsored;
they 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.
If the government-sponsored test or drill, however, is a RACES activity, there is a time limit. Section 97.407(e)(4) says:
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.
Otherwise, there
is no time limit to testing and drilling sponsored by non-RACES government infrastructure, be it federal, state, commonwealth,
district, county, parish, township, municipal, foreign, etc.
The third phase is the providing of emergency communications for operational testing immediately prior
to an emergency preparedness or disaster readiness test or drill. Operational tests are, seemingly, transmissions made
during those periods between that of actually providing emergency communications and that of participating in emergency preparedness
or disaster tests or drills. It consists of communications, apparently, that could help to increase the possibility
that the stations’ transmissions will go through during a real emergency.
These three phases provide non-RACES governmental professional control operators and station licensees
with uninterrupted radio communications opportunities on our amateur service frequency bands.
Q. We now seem to have four classifications of
control operators and station licensees. In addition to amateurs, we have RACES amateurs, government-sponsored
professionals, and private sector-sponsored professionals. Who has priority over our radio spectrum?
A.
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.
From this, we gather that during a first phase activity,
amateurs and professionals engaged in providing actual emergency communications have priority over all amateur service communications,
i.e., self-training, intercommunication, and technical investigations.
During a second phase activity, amateurs and professionals engaged in providing emergency
communications in a non-RACES emergency preparedness or disaster readiness test or drill have priority over all amateur service
communications and RACES testing and drilling.
During a third phase activity, amateurs and professionals engaged in providing non-RACES emergency communications operational
testing immediately prior to an emergency preparedness or disaster readiness test or drill have priority over all amateur
service communications and RACES testing and drilling.
Q. It looks to me as though our amateur service spectrum is being
taken over by our government to correct shortcomings in its emergency services communications infrastructure.
A. Let’s hope that the time has not passed
for us being considered a uniquely-qualified segment of our American public: duly authorized persons
interested in radio technique solely with a personal aim and without pecuniary interest.
First
and foremost, 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.
We are still here,
however, to do what our amateur service community does best: Providing emergency communications through
our ad hoc radio networks using our unique array of abilities: know-how capability, situational adaptability, technical flexibility,
operator availability, et al. These abilities exist because of the adaptive nature of our communication
systems made possible only because of our practical hands-on familiarity with the underlying technology. No
other telecommunication service comes close to our amateur radio service in these abilities.
We strive to have our stations 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 our locale, we can summons whatever relief is needed. We endeavor to develop
the ability to communicate by all popular emission modes, especially telegraphy. In some predicaments,
CW is the only option available.
Q. What should we non-professional amateur operators do in providing emergency communications?
A. Read and heed the
rules. Sharpen your technical and operating skills to the very best of your ability.
Section 97.111(a)(2) authorizes your amateur station to transmit two-way communications necessary to meet essential communication needs
and to facilitate relief actions. Section 97.111(a)(3) authorizes your amateur station to transmit two-way communications necessary to exchange messages with a station
in another FCC-regulated service while providing emergency communications. Section 97.111(b)(4) authorizes one-way transmissions necessary to providing emergency communications.
Q. Would I lose my status as an amateur if I participate on behalf of an employer in an emergency
preparedness or disaster readiness test or drill without accepting any compensation?
A. Yes. There is a pecuniary interest whenever you cause or allow a radio station
to transmit communications on behalf of an employer. A professional is a person
who accepts remuneration for doing something usually done by an unremunerated hobbyist or amateur.
Q. Many state and county government professionals are using our ham bands. The Department
of Homeland Security has provided hundreds of thousands of dollars to medical emergency facilities for amateur radio apparatus.
I hear hospital nets everywhere chit-chatting on their HF stations to “check” their systems.
A. Under
Section 97.113(a)(3)(i), they are most likely conducting operational testing during – or immediately prior to –
an emergency preparedness and disaster readiness test or drill.
Q. For which levels of government infrastructure may a station licensee or control station operator
professional participate on behalf of an employer in unlimited emergency preparedness or disaster readiness testing and drilling.
A. For all levels
of government: federal, state, county, municipal, etc, without time limits, unless they involve communications for RACES training.
Non-RACES government sponsored testing and drilling can be conducted any time, with priority over amateur service communications.
Read Section 97.101(c).
RACES training drills and tests – unlike other government-sponsored tests and drills - 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. Read Section 97.407(e)(4).
Section 97.113(a)(3)(i) also limits our non-government private-sector
emergency communications testing and drilling 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.
Q. Does that also include agencies of foreign governments?
A. Yes. Section 97.113(a)(3)(i) does not exclude
foreign government agencies. Station licenses and control operators can participate on behalf of a foreign
government agency in unlimited emergency preparedness or disaster readiness tests or drills. The station
license, however, cannot be held by a representative of a foreign government. Read Section 97.5.
The foreign government
agency, nevertheless, can engage a FCC-licensed amateur operator, or a non-U.S. citizen (alien) holding an amateur service
authorization granted by the alien’s government, provided there is a multilateral or bilateral reciprocal operating
agreement in effect to which our United States and the alien’s government are parties. Read Section
97.107.
Q. Section 97.113(a)(3)(i) says that 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.
Section 97.407(e)(4), however, says that that for RACES training drills and tests may not exceed a total time of 1 hour
per week. It seems as though federal, state, county, municipal and other government agencies are being encouraged to
sponsor non-RACES amateur radio systems in order to have two-way priority radio communications 24-7.
A. Yes, it does. The downside is that in the event of an emergency which necessitates invoking the President's
War Emergency Powers under of Section 706 of the Communications Act 47 U.S.C. 606, amateur stations participating in RACES may only transmit on the frequency segments authorized
pursuant to Part 214.
During
World War II, the President shut off the amateur service completely. If that should occur again, possibly RACES would
continue. Another disincentive to RACES is that Section 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.
In Section 97.113(a)(3)(i), the rules codify the policy that emergency preparedness or disaster readiness tests and drills sponsored
by government entities, as well as non-government entities, are appropriate for our amateur service radio spectrum in places
where the FCC regulates. These are in addition to, and separate from, the Radio Amateur Civil Emergency Service authorized
in Section 97.407. These three communication activities have frequency priority – under Section 97.101(c) – over our amateur service purpose of self-training, intercommunication, and technical investigations.
Q.
What is RACES?
A. R-A-C-E-S 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 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. Section 706 of the Communications Act of 1934, as amended, 47 U.S.C. 606, gives the President the authority to invoke 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 cover?
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 214.4((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.
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. Equipment budgets
are being cut drastically. A dozen VHF/UHF belt-clip ham radios can be had for the price of just one Part 90 radio. Can all emergency services provider agencies use ham radio?
A. Yes, their
employees can use it for providing emergency communications and for emergency preparedness and disaster readiness tests and
drills. The agency, however, cannot be the station licensee; that has to be a person holding a FCC-granted amateur operator/primary
station or military recreation station license grant. In the latter case, the person need not hold an amateur operator license,
the military recreation station license may be held only by the person who is the license custodian designated by the official
in charge of the United States military recreational premises where the station is situated.
Communications by emergency service
providers is regulated first and foremost 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. 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.
Under Section 97.113(a)(3)(i), a station licensee or control station operator may now 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. Under Section 97.101(c) - unless they are in RACES - your emergency communications for training
drills and tests have priority over normal non-emergency amateur service communications at all times and on all frequencies.
Q. Those international
and domestic regulations also say that our amateur service is for the purpose of self-training, intercommunication and technical
investigations carried out by amateurs. In places where the FCC regulates, an emergency radio service is being superimposed
on top of our amateur service. With the emergency stations having priority, our amateur service is greatly disadvantaged.
What recourse do we have?
A. For one approach to preserving the true purpose of our amateur radio service, see
BE Informed No. 54 Disaster Radio Service. It calls for the
reconstitution of the former Disaster Radio Service, Part 99, on nearby non-amateur spectrum. The service model would be that
of the MARS. This would enable easily modified amateur station apparatus to be used by amateur radio operators under rules
designed exclusively for public safety and homeland security communications.
Q.
What is MARS?
A. M-A-R-S stands for the Military Affiliate Radio System. The FCC has no
involvement in MARS. Operated since 1925, the MARS now relies upon over 5,000 volunteer amateur operators
who use their station apparatus on non-amateur service government radio channels for transmitting messages for our military.
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 comprised 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.
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 can 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.
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. Units
capable of transmitting and receiving over a very wide range of channels often encompass several radio services. Additional
circuitry is incorporated 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 either the amateur service or MARS are not subject to type certification.
The modification, however, also renders the unit capable of transmitting on channels in radio services where type certification
is mandatory.
Q. Can the emergency
professionals commandeer our amateur service frequency channels?
A. Yes, unless it is for a RACES training drill or test.
Section 97.101(c) 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.
Q. Can the
emergency professionals commandeer our repeater?
A. Not unless your repeater station licensee hands over physical control of your repeater
station apparatus. Read Section 97.5(a). They can, however, appropriate your repeater's transmitting and receiving
channels for providing emergency communications. Read Section 97.101(c). They can, moreover, appropriate your repeater's transmitting and receiving
channels for communications on behalf of an employer in an emergency preparedness or disaster readiness test or drill and
operational testing immediately prior to such test or drill. Private sector professionals are time limited in their
testing and drilling. Read Section 97.113(a)(3)(i). Federal, state, county, municipal and all other government agencies are not
as long as they are not affiliated with RACES. Read Section 97.101(c).
Q. Section 97.113(a)(3)(i) says that non-government sponsored tests and drills for a employer can
be conducted for one hour per week. Should that limit be exceeded, who would be accountable?
A. The licensee
of each station that exceeded the limit would be accountable. Note, however, that unlimited operational testing immediately
prior to any such test or drill is authorized. Additionally, twice in any calendar year they may be conducted for a period
not to exceed 72 hours. Stations that participate in federal, state, commonwealth, territory, district, county, city and other
municipal government-sponsored tests and drills are exempt from these time constraints.
Q. Is the employer
accountable to the FCC in case of a violation?
A. No, unless the employer is also the station licensee. Section 97.103(a) says that the station licensee is responsible
for the proper operation of the station in accordance with the FCC Rules. When the control operator is a different amateur
operator than the station licensee, both persons are equally responsible for proper operation of the station.
Q. Some professionals
will not want to bother taking a ham test. Can't they just operate our station like a Field Day GOTA station?
A. Yes.
The GOTA principle is not a special rule just for Field Day. For information on the use of our amateur service
spectrum by non- and under-licensed persons, see BE Informed No. 25 WHO MUST THROW THE BIG RED SWITCH? and BE Informed No. 56 THE VPOD Protocol and the GOTA.
Our U.S. amateur service community is currently pursuing
a progressive licensee expansion initiative. Persons are encouraged to experience firsthand actual amateur radio intercommunicating
without licensure. Perhaps some will go on to become interested in radio technique solely with a personal aim and without
pecuniary interest and undergo the ten hours or so of study in preparation for passing our VEs' examinations. They may even
go on to participate in the traditional amateur service communications of self-training, intercommunication and technical
investigations carried out by amateurs.
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 police officer's Part 90 channel transmissions. This procedure is sometimes referred to as crossbanding.
Read BE Informed No. 31 Hamslanguage.
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.
From this, we gather that during a first phase activity, amateurs and professionals engaged in providing actual
emergency communications have priority over all amateur service communications, i.e., self-training, intercommunication, and
technical investigations.
During a second phase activity, amateurs and professionals engaged in providing emergency communications in a non-RACES emergency
preparedness or disaster readiness test or drill have priority over all amateur service communications and RACES testing and
drilling.
During a third phase activity, amateurs and professionals engaged in providing non-RACES
emergency communications operational testing immediately prior to an emergency preparedness or disaster readiness test or
drill have priority over all amateur service communications and RACES testing and drilling.
May 17, 2011
Supersedes all
prior editions