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Hams and
non-Hams have been thinking they can any time jump into disaster
communication as they please. During the last Tsunami the
Indonesians had organized themselves very well in combating the
situations. Disaster stations were set up with special call
signs and only hams were allowed to help within the framework
set by ORARI. The article below by Cooper L Morris can be the
guide for us in the future. In Malaysia we have Bomba and
Penyelamat and Jabatan Pertahanan Awam Malaysia are equipped
with emergency equipment and communication. The procedures must
be set by the Command and Control not by a non-license guy from
his hut. Read below carefully from the start to the ending part.
THE OPERATION OF AMATEUR RADIO EQUIPMENT AND
USE OF
AMATEUR RADIO FREQUENCIES BY NON-AMATEUR RADIO OPERATOR S.
Questions presented:
(1) Who can operate an Amateur Radio Station on the Amateur
Radio Frequencies and (2) Who may operate amateur radio equipment
in the Amateur Bands in time of an emergency.
Many Police Departments, Sheriff’s Department, Emergency Management Agency, or other Federal and State Agencies
proceed under the belief that they may (with out authority) use or "highjack"
the amateur radio bands at any time or in time of or upon the existence of an
emergency situation. The answers to these questions are divided into
two parts (the legal theory and the practical application) and consist of four (4)
pages:
Legal theory and answers:
Unique to the Amateur Radio Service, the license granted by
the Federal Communications Commission is both a station license
(giving the holder thereof the non-vested right to operate transmitters
from a fixed, mobile, portable or space location) and an operator license
(indicating the holder possesses the requisite knowledge to operate the radio
transmitting equipment pursuant to the class of the license granted). The
grant of an Amateur Radio license does not confer upon the holder any
right to the use of a specific frequency or mode. In the United States and its
territories, anyone who transmits on Amateur frequencies must possess a valid
license issued by the Federal Communications Commission (FCC). See:
FCC Rules & Regulations (R&R), Part 97, Section 17 & 501, et. seq.
The class of license issued to the individual governs frequency, emission, and
usage. See: FCC R&R Part 97, Section 17, 501, 503.
Answer to Question One:
In the United States and its territories, anyone who
possesses a valid Amateur Radio license (or registered in the FCC’s Universal
Licensing System (ULS) database) can operate an Amateur Radio Station
(transmitter) within the confines of the license grant. You may operate
outside the confines of your license provide a "control operator" is present and
possesses a valid Amateur Radio license of the appropriate class. See:
FCC R&R Part 97, Section 3(a)(12).
Anyone (not an Amateur Radio operator) may speak over Amateur
Radio provided a control operator is present and controlling the
transmission(s). See:
FCC R&R Part 97,
Section 103 & 105(a).
See: FCC R&R
Part 97, Section 113(a)(4),
as to the content of transmissions.
An extensive search of the National Archive
and Records Administration, the Code of Federal Regulations
(Title 47), the Communications Act of 1934, the Homeland
Security Administration’s Enabling Act and Directives, and the
International Telecommunications Union Treaty’s (of which the
United State is signatory) applicable sections governing Amateur
Radio (Sections 302 & 303) failed to produced any authority
granting any privilege (or rights) to individual(s) not licensed
in the Amateur Radio Service to operate an Amateur Radio
Transmitter in the Amateur bands under any circumstances or
situation(s). The above does not address a Declaration of War or
National Emergency by the United States Congress and/or
Presidential Directive respecting the use of the RF spectrum by
the U.S. Armed Forces (all statutes and treaties as amended or
revised and citations have been omitted).
Answer to Question Two:
Notwithstanding the fact that a person is
employed (including volunteers) by any State or Federal
government agency, entity, or sub-division thereof, no person
not possessing a valid Amateur Radio license (or listed in the
FCC ULS database) may operate an Amateur Radio Station under any
circumstances or situations. They may not use any amateur
equipment, frequency, or mode. See:
FCC R&R Part 97,
Section 5(b).
Note: Any station licensed by the FCC may
communicate with Amateur Radio Stations if specifically
authorized. If permitted by the FCC an "Endorsement or a Special
Operating Authority" will be so noted on the station’s current
license. See:
FCC R&R Part 97, Section 111(a)(1)(2)(3)(4).
Note:
Part 97, Section
111(a)(4) is the
authority for the United States Coast Guard to operate on
amateur radio frequencies to aid ships in distress on the high
seas and inter-costal areas. The United State’s space program
has long recognized the value of Amateur Radio. NASA,
notwithstanding its massive and reliable communications network,
suggest no less than two (2)
licensed amateur radio
operators be "on
board" the shuttle flights and the International Space Station.
Even NASA abides by FCC Rules and Regulations. Generally see:
www.spaceflight.nasa.gov/station/reference/radio and other NASA
directives.
Practical Applications:
Amateur Radio has promoted itself by the
phrase: "When all else fails – Amateur Radio". Diversity in
terms of geography, assigned frequencies, modes of operation,
and human resources are Amateur Radio’s most valuable assets. By
definition we are a public service. See:
FCC R&R, Part 97,
Section 1(a). How we
offer that service and our assets to the public reflects on all
Amateur Radio Operators.
If Hurricane Andrew in 1991, destroying a
large part of the State of Florida; the wildfires in California,
in the ’90, destroying a large part of the State; the tsunami in
Indonesia in 2004, destroying life and property on an
unprecedented scale; and Hurricane Katrina, in 2005, destroying
much of a port city and leaving behind untold damage to property
and loss of life; has taught the Amateur Radio community,
government agencies, and first responders anything, it is that
you do what is necessary and worry about the paper work later.
"In Extremis" situations or circumstances
require immediate action to control the situation, publish news
to the population-at-large, provide immediate search and rescue
operations, respond with and provide other relief such as: food,
medical, shelter, sanitary, water, transportation needs and
prevent continued destruction of property and the loss of life.
To sustain an argument for "commandeering" or
using amateur radio frequencies and equipment without the
benefit of a licensed Amateur Radio operator present, I suggest
the following may be considered: Commercial broadcast stations
would be off the air, no backup communication facilities exist
for any government or first responders, the immediate or
continued destruction of property and/or loss of life exist, and
the absence or unavailability of any licensed Amateur Radio
Operator(s).
By example, an "In Extremis" circumstance can
be a child choking at a swimming pool, a category one – five
hurricane sitting off the coast of the U.S., a 747 heading for a
tall building, or a lady trapped in a vehicle caught in the
torrents of a flooding stream. The degree and length of time
coupled with other factors respecting the "In Extremis"
situation would dictate the use of Amateur Radio by non-licensed
individuals.
Last port in the storm:
Suppose for argument’s sake that a category
five storm hit a costal city and devastated the surrounding
area. All commercial broadcast stations are off the air, all
public service communication facilities are destroyed. The only
available functioning communication vehicle is an amateur radio
repeater some miles outside of the town. The repeater’s control
operator is just coming back into town and hears many
non-licensed police officers, EMA officials, and rescue
personnel using the repeater. Pursuant to the FCC Rules and
Regulations, he must turn off the repeater. His license is at
stake for allowing unauthorized use of the machine. Does the
control operator of the repeater turn off the repeater thereby
denying it use to police, EMA, and rescue personnel? The author
suggests the control operator would have a much worse problem if
the machine were turned off!
Sometimes Amateur Radio is the last port in
the storm. If a ship is at sea during a storm and limps into
port all battered and taking on water, don’t stand at the slip
and argue over who is going to get off the ship once it pulls
into port. If Amateur Radio is all that is available, then do
what is necessary.
Fallacy:
Technically, the Police, Sheriff’s
Department, Emergency Management Agency, Federal or State
personnel are correct. When it is a matter of "life or death"…
anything goes.
The fallacy of the
"we can use it any time
argument" lies in the agency personnel complacently
planning to use Amateur Radio Frequencies and equipment if they
"need to",
and incorporating that idea into their emergency communications
or operations plans. With that mode of thinking, they would be
much more likely to use amateur frequencies and equipment when
it is simply "more convenient" rather than the situation or
circumstance actually being a genuine life or death situation.
Use common sense in any disaster situation.
One good dose of common sense is worth ten copies of Part 97 and
the ten interpretations that go along with it (technical
standards excepted).
/s/
Cooper L. Morris
State Bar of Georgia
wa4pzd@arrl.net
Volunteer Counsel S.E. Division / ARRL
P. O. Box 76522
Atlanta, Georgia 30358-1522
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