§97.111 Authorized transmissions. (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;
Yes, we are allowed to do so only while providing emergency communications. It's up to us to determine (hopefully with a good helping of common sense) what is an emergency. -Brian On Sat, May 1, 2010 at 5:47 AM, Richard Fletcher <rickfle...@yahoo.com>wrote: > > > J. C. and the rest. > > Yes I am going to say this because it seems to have been missed. When John > asked is there a "frequency monitored by law enforcement" And to JC who said > he "going to use any frequency that I have to get help" (Not to bright of a > statement there JC, from where do you get this grand sense of entitlement > anyway?) You guys do know that in the US there is still available "CB Radio" > Right? Chanel 9 used to be monitored prior to Cellular and there on the 40 > CB channels you can "Legally" communicate to your hearts content. As well > as on the FRS devices. And with the flood of cell phones out there now, the > CB Band is very clear. Now I do have radio equipment capable of almost any > freq out there, but since I am not licensed on it I would not even concede > transmitting on it. Only exception where I did was when I was at a GE Radio > shop from 1980 to 1995 where I would call in to the PD and Fire Dispatcher > (And government bands) to confirm transmission. and all was done > professionally while in maintaining of that agency's radio equipment. > I find it quite strange that any Ham (if you actually are one) would think > that just because you have a radio capable of transmitting anywhere would > think that he was entitled to do so. And no I am not a Ham, but I do listen! > I am license on GMRS, and most folks there are in some cases more > professional than that of some of the childish HAM conversations I have > heard (usually on simplex freqs) > > Now I bet this will get things stirred up now won't they? > > Richard > > > > ------------------------------ > *From:* J C <jcar...@k9nzf.com> > > *To:* Repeater-Builder@yahoogroups.com > *Sent:* Sat, May 1, 2010 12:30:08 AM > > *Subject:* [Repeater-Builder] Re: A warning to Land Mobile Radio Dealers > > > > If my life is in danger, I am going to use any frequency that I have to get > help. I don't care if it is a remote broadcast link frequency for a radio > station! But that's me. > > --- In Repeater-Builder@ yahoogroups. com<Repeater-Builder%40yahoogroups.com>, > "La Rue Communications" <laruec...@. ..> wrote: > > > > I forgot to add something, kind of crucial to my point at the end back > there..... if my life was in jeopardy then. Is there a frequency that Law > Enforcement monitors for non emergency situations? For the public sector? Or > would it be any officer who knows how to build their own scanners? Let me > reclarify - if I was in an accident, and my radio was in reach over my cell > (i.e. my cell was in my pocket, or got knocked under the seat), and I had a > life threatening injury, what kind of response would that evoke? > > > > John Hymes > > La Rue Communications > > 10 S. Aurora Street > > Stockton, CA 95202 > > http://tinyurl. com/2dtngmn <http://tinyurl.com/2dtngmn> > > ----- Original Message ----- > > From: Maire-Radios > > To: Repeater-Builder@ yahoogroups. com<Repeater-Builder%40yahoogroups.com> > > Sent: Thursday, April 29, 2010 10:30 AM > > Subject: Re: [Repeater-Builder] Re: A warning to Land Mobile Radio > Dealers > > > > > > > > > > you should not even think of doing that. > > > > > > ----- Original Message ----- > > From: La Rue Communications > > To: Repeater-Builder@ yahoogroups. com<Repeater-Builder%40yahoogroups.com> > > Sent: Thursday, April 29, 2010 1:10 PM > > Subject: Re: [Repeater-Builder] Re: A warning to Land Mobile Radio > Dealers > > > > > > > > > > So if I had a UHF Saber, and programmed it to a Police frequency for the > purposes of TX EMERGENCY info only like 911, then its required to have > authorization? What if I was involved in a wreck and my radio was the only > thing in reach over my cell? > > > > John Hymes > > La Rue Communications > > 10 S. Aurora Street > > Stockton, CA 95202 > > http://tinyurl. com/2dtngmn <http://tinyurl.com/2dtngmn> > > ----- Original Message ----- > > From: kd6aaj > > To: Repeater-Builder@ yahoogroups. com<Repeater-Builder%40yahoogroups.com> > > Sent: Thursday, April 29, 2010 9:58 AM > > Subject: [Repeater-Builder] Re: A warning to Land Mobile Radio Dealers > > > > > > > > > > > > Strange, considering the GMRS can come with radios you buy, before you > even have the license. I guess you have to be one of the BIG boys to sell > radios preprogrammed with those freqs. > > > > and there is an EXCEPTION: > > > > Title 47: Telecommunication > > PART 90-PRIVATE LAND MOBILE RADIO SERVICES > > Subpart N-Operating Requirements > > > > § 90.427 Precautions against unauthorized operation. > > (a) Each transmitter shall be so installed and protected that it is not > accessible to or capable of operation by persons other than those duly > authorized by and under the control of the licensee. Provisions of this part > authorizing certain unlicensed persons to operate stations, or authorizing > unattended operation of stations in certain circumstances, shall not be > construed to change or diminish in any respect the responsibility of station > licensees to maintain control over the stations licensed to them (including > all transmitter units thereof), or for the proper functioning and operation > of those stations and transmitter units in accordance with the terms of the > licenses of those stations. > > > > (b) Except for frequencies used in accordance with §90.417, no person > shall program into a transmitter frequencies for which the licensee using > the transmitter is not authorized. > > > > and: > > > > § 90.417 Interstation communication. > > top > > (a) Any station licensed under this part may communicate with any other > station without restriction as to type, service, or licensee when the > communications involved relate directly to the imminent safety-of-life or > property. > > > > (b) Any station licensed under this part may communicate with any other > station licensed under this part, with U.S. Government stations, and with > foreign stations, in connection with mutual activities, provided that where > the communication involves foreign stations prior approval of the Commission > must be obtained, and such communication must be permitted by the government > that authorizes the foreign station. Communications by Public Safety Pool > eligibles with foreign stations will be approved only to be conducted in > accordance with Article 5 of the Inter-American Radio Agreement, Washington, > DC, 1949, the provisions of which are set forth in §90.20(b). > > > > [43 FR 54791, Nov. 22, 1978, as amended at 62 FR 18933, Apr. 17, 1997] > > > > ------------ --------- --------- -end of CFR regs-------- ------- > > > > So, what's to stop someone from saying they programmed a freq for > emergency use only? Why else have the exception, unless you are expected to > have an "unauthorized" frequency programed in your radio? > > > > So, the exception (90.417) clearly makes 90.427 un-enforceable UNLESS you > can prove intent to operate on the "unauthorized" frequency for > NON-emergency communications. The school was operating on the frequency, but > they don't say what kind of communication was involved. > > > > --- In Repeater-Builder@ yahoogroups. > > com<Repeater-Builder%40yahoogroups.com>, > wd8chl <wd8chl@> wrote: > > > > > > In February, a large two-way radio dealer was issued a Notice Of > > > Violation (NOV) by the FCC for adding a frequency into radios that the > > > customer was not licensed for. The Notice stated that Section 90.427(b) > > > > prohibits programming into a transmitter frequencies the licensee using > > > > the transmitter is not authorized for. > > > > > > Make sure your customers are licensed for the frequencies you put in > > > radios you sell! > > > > > > Information from Mission Critical Magazine, May 2010. FCC enforcement > > > case NOV 201032900008. > > > ------------ --------- > > > Jim Barbour > > > Transcore > > > > > > > > > >
