| HERE ARE THE ACTUAL FCC RULES
(AS QUOTED FROM FAX TO FCC DATED FEBRUARY 10, 2021).
EXHIBIT L (HERE)
FCC LIED, AND DENIED THE EXISTENCE OF THEIR OWN RULES. THEY
REFUSED TO EVEN READ THEM OVER THE PHONE!
"...
8. The following provisions
in the FCC Rules, clearly allow unlicensed use in the amateur
bands.
9.
Title 47,
Chapter I, Subchapter D ,Part 97 of the Code of
Federal Regulations provides as follows: Section
§97.1 Basis
and purpose.
“The
rules and regulations in this part are designed to provide an
amateur radio service having a fundamental purpose as expressed
in the following principles:
(a) Recognition and enhancement of the value of the
amateur service to the public
as a voluntary noncommercial communication service, particularly with
respect to providing emergency communications. …” (emphasis added).
10.
§97.101
General standards, provides:
“(a)
In all respects not specifically covered by FCC Rules each
amateur station must be operated in accordance with good
engineering and good amateur practice.
(b)
Each station licensee and each control operator must
cooperate in selecting transmitting channels and in making the most effective use of the amateur service
frequencies. No frequency will be assigned for the
exclusive use of any station.
(c) 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.”
(Emphasis added).
11.
Further, §97.111 (a)(3) Authorized transmissions,
provides:
“(a)
An amateur station may transmit the following types of two-way
communications: …(3) Transmissions
necessary to exchange messages with a station in another FCC
regulated service while providing emergency communications;…”
(emphasis added).
12.
§97.111
(b) provides: In
addition to one-way transmissions specifically authorized
elsewhere in this part, an amateur station may transmit the
following types of one-way communications: … (4) Transmissions necessary to
providing emergency communications;…” (emphasis added).
Thus,
Section 97.111 specifically authorizes an amateur station to
engage in "two-way communications" "necessary to
exchange messages with a station in another FCC-regulated
service while providing emergency communications".
Under this provision,
a "Murs" station (Murs being another FCC
regulated service, but no license being required) is permitted
to use amateur frequencies while providing such two-way
emergency communications.
13.
Further, §97.403 Provides: “Safety of life and
protection of property.
No provision of these rules prevents the use by an amateur station
of any means of radio communication 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.”
(emphasis added). (Concerning this provision please refer to my
earlier communication dated December 17, 2020, together with
exhibits thereto).
14.
Further § 97.405 Station in
distress, provides:
“(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.”
A
“Station” is
defined as a station equipped to engage in radio communication
or radio transmission of energy (47 U.S.C. 153).
15.
Further, the FCC regulations provide that:
“At all times and on all frequencies, each control operator must
give priority to stations providing emergency communications”.
(emphasis added).
16.
Further,
§95.1733 Prohibited
GMRS uses (GMRS is another FCC radio service which issues a
license upon payment of the required fee – but does not
require a Ham Test for licensing – Thus, Murs is not Ham
Amateur Radio), provides:
“
(a) …. GMRS stations must not communicate …
(9) Messages
(except
emergency messages)
to any station in the Amateur Radio Service, to any unauthorized
station, or to any foreign station…”
(emphasis added).
17. In addition to the above, the ARRL’S general class
Ham Radio Q & A text, used by those persons preparing for
the FCC General Class Ham Radio License Test (Fourth Edition)
states:
“
G2B11 What frequency
should be used to send a distress call?
A. Whatever
frequency has the best chance of communicating the distress
message
…
C. Only
frequencies that are within your operating privileges ...”
In the explanation as to why “A” is correct the Text
states:
“When
normal communications are not available and the immediate safety
of human life or protection of property is involved, all of the
normal rules for an amateur station are suspended so that you
can obtain assistance. This means that any method of
communication, on any frequency,
and at any power output, may be used to communicate and
resolve the emergency.
It doesn’t matter if the distress is personal to the station
or a general disaster. Just be sure you have a real
emergency!” [citing FCC 97.405] (emphasis added).
“G2B12
When is an amateur station allowed to use any means at
its disposal to assist another station in distress?
A. Only when
transmitting in RACES
B. At any
time when transmitting in an organized net
C. At any
time during an actual emergency
D. Only on
authorized HF frequencies”
In the explanation as to why “C” is correct the Text
states:
“No
FCC rule prevents an amateur station from using any means of radio communications at its disposal
to assist a station in distress.”
[citing FCC 97.405(b)] (emphasis added).
“G2B02 What
is the first thing you should do if you are communicating with
another amateur station and hear a station in distress break in?
A. Continue
your communication because you were on frequency first
B. Acknowledge
the station in distress and determine what assistance may be
needed
C. Change to
a different frequency
D. Immediately
cease all transmissions
In
the explanation as to why “B” is correct the Text states:
“(B)
Whenever
you
hear
a station in distress
(where there is immediate threat to human life or property), you
should take whatever action is necessary to determine what
assistance that station needs and attempt to provide it.
Don’t assume that some other station will handle the
emergency; you may be the only station receiving the distress
signal. If you do hear a station in distress, the first
thing you should do is to acknowledge that you heard the
station, and then ask the operator where they are located and
what assistance they need”.
(emphasis added).
In the above General Class
License Text, it is clear that in an emergency, you are to take
“whatever action is necessary”.
It is also clearly irrelevant as to whether the other
party is licensed or
not! In addition, as
per the authorities cited, “any
means of radio communication” includes making contact with a
non Ham on a Ham radio frequency.
A fundamental purpose of the amateur
radio service is public service “particularly with respect to
providing emergency communications”.
There is no FCC qualification that the public service
purpose ceases to apply just because the source of that
emergency communication is from a person that does not possess a
Ham license.
..."
AND
HERE IS A QUESTION WHICH FCC LEGAL COUNSEL ANSWERED
"YES" TO. BUT. LAURA SMITH REFUSED TO ANSWER.
“Can a non-ham use a ham frequency in order to
save human life in an emergency.”
For illustration:
“assume
a Ham and his wife are driving and have an auto accident.
The Ham operator (husband) dies on impact. The wife is going
to bleed to death without immediate medical attention, but she is
not a licensed Ham operator. The Ham radio is working and
she can reach it. The cell phone has no reception. Issue:
Can the wife use the Ham radio to call for help?
The answer is
either: Yes, or No.”
(See
Exhibit
I
FOR FCC LEGAL COUNSEL ANSWER.
|
