Legal Question

[spareparts]

Code: Select all

[Title 47, Volume 5]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR97.113]

[Page 579-580]
   
Sec.  97.113  Prohibited transmissions.
    (a) No amateur station shall transmit:
    (1) Communications specifically prohibited elsewhere in this part;

[[Page 580]]
 (3) Communications in which the station licensee or control operator has a pecuniary interest, including communications on behalf of an employer.

(5) Communications, on a regular basis, which could reasonably be furnished alternatively through other radio services.[/quote]

Here's the question:   For a School System, Hospital, or PSAP where the expectation is that the employees obtain an Amateur License to provide communication where other means have failed,  Section 3 seems to prohibit this.  

If you are planning to use Amateur Radio, IE installing permanently mounted amateur equipment, it seems to me that you have not covered "reasonable"  (HF SHARES/ALE, Satellite phones, etc)

Has anyone run this by the FCC for a ruling?

[batwing4ever]

For a School System, Hospital, or PSAP where the expectation is that the employees obtain an Amateur License to provide communication where other means have failed, Section 3 seems to prohibit this.

Yes, this is TOTALLY illegal. The keyword is "employees." You can never take money in any way, shape or form from operating on amateur bands. You can't use amateur radio as part of a job, regardless of who you work for.

There are LIMITED exceptions such as a monetary grant to buy equipment which can be given to club, repeater owner, but there can be no expectation on the part of the grantor regarding receiving service from grantee.

Remember to tell the person hatching this scheme to "have employees obtain an amateur license" that the fines start at $50,000 and go up from there.

I'd report this to the FCC without any hesitation.

[Jim202]

I guess the best way to answer this is with another question. What is the purpose of the station and how
will it be used? You indicated that people are being asked to obtain a ham license if I understand what
what your saying.

If this is for emergency use only, that is one thing.

If the intent is to use the ham radio on a daily basis for regular hospital communications, then that is not
allowed. A commercial, special emergency channel or public safety channel will have to be used for
communications on a daily basis.

Jim

Code: Select all

[Title 47, Volume 5]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR97.113]

[Page 579-580]
   
Sec.  97.113  Prohibited transmissions.
    (a) No amateur station shall transmit:
    (1) Communications specifically prohibited elsewhere in this part;

[[Page 580]]
 (3) Communications in which the station licensee or control operator has a pecuniary interest, including communications on behalf of an employer.

(5) Communications, on a regular basis, which could reasonably be furnished alternatively through other radio services.[/quote]

Here's the question:   For a School System, Hospital, or PSAP where the expectation is that the employees obtain an Amateur License to provide communication where other means have failed,  Section 3 seems to prohibit this.  

If you are planning to use Amateur Radio, IE installing permanently mounted amateur equipment, it seems to me that you have not covered "reasonable"  (HF SHARES/ALE, Satellite phones, etc)

Has anyone run this by the FCC for a ruling?[/quote]

[batwing4ever]

If this is for emergency use only, that is one thing.

That depends....

My source for expertise in this area is that I used to be station manager for a club station which was located in a hospital which was supposed to be for emergency communications for the hospital in addition to being used for regular club activities.

In an immediate, life or death emergency, (where the transmission would start with MAYDAY! MAYDAY!) absent a licensed operator, ANYONE, with or without a license CAN operate on amateur frequencies or any other for that matter. That's about it.

Even under a declared "emergency" if there is no immediate threat to life, you cannot operate on amateur frequencies as part of a compensated job.

We had a major flood in 1993 with most of downtown Des Moines under water which also included the PD's new, high-tech emergency operations center which was in the basement of police headquarters, right next to the river (DOH!). During that time, only a licensed operator was allowed to operate the station and except for a MAYDAY call, an on-the-clock hospital employee was not allowed to use the station. This was the guidance from the club's attorney.

[Tom in D.C.]

This question has been clarified by the FCC in its Report and
Order 04-140. For more information see QST magazine for
November 2007 (yes, next month's QST). It begins on page 45
with the specific information about who can run a ham
station in an emergency and get paid at the same time being
located on page 47, beginning at the top left of the page.

If you have a ham license, the entire article makes good reading, IMHO.

[Grog]

Thanks Tom, there seems to be some concerns as quite a few new hams are getting them only for work stuff (as in a emergency management employee getting their ticket) instead of why teh rest of us do, to spend tons of money

[Tom in D.C.]

The way I read the FCC's ruling is if, for example, you
are a paid fire dispatcher with a ham license, AND you
use your ham license for emergency comms involved
with your work, you are getting paid for being a
dispatcher, not for being a ham. See if you come
away with the same idea after reading the story.

[Grog]

From http://www2.arrl.org/announce/regulator ... 0/faq.html

Q. I am employed as an emergency responder. (I am a nurse in a local hospital.) (I am a police officer.) Can I use my amateur radio privileges during an emergency even thought I am "on the clock" with my job?

A. Though not included as a new rule as part of 07.113, the R&O does offer the following guidance on this topic: "We conclude that a rule change is not necessary, however, because Section 97.113 does not prohibit amateur radio operators who are emergency personnel engaged in disaster relief from using the amateur service bands while in a paid duty status. These individuals are not receiving compensation for transmitting amateur service communications; rather, they are receiving compensation for services related to their disaster relief duties and in their capacities as emergency personnel."


Scroll to page 23 of this PDF for futher.... http://hraunfoss.fcc.gov/edocs_public/a ... -149A1.pdf

[spareparts]

Corporate Council is writing the FCC asking for a formal position. Once we have it, I will post it here as it will be a matter of public record.

[Tom in D.C.]

Your people are wasting their time. The question has been asked and answered
by the FCC. Did you read the material in QST?

[spareparts]

Yes, *I* did. The folks with the Law degree's want it in writing. (i'm not a laywer, nor do I play on on television)

[xmo]

O.T.

Not Motorola, Not ifrastructure.