[Ares-races] VHF Marine Band question

[N4AOF]

This reply is going to start a firestorm but let me point out that there
is NO SUCH THING as "any frequency anywhere is ok in emergency" anywhere
in the FCC Rules and Regulations.

Each service has its own provisions for emergency operation and most of
them do NOT authorize unlicensed operation even in an emergency.

There is also a general provision for emergency operations in Part 2,
Section 2.405  which covers all licensed services "except amateur,
standard broadcast, FM broadcast, noncommercial educational FM
broadcast, or television broadcast".  For those services covered by
2.405, the authorization is specifically limited to "the licensee..."

The idea of "Any frequency anywhere is ok in emergency" is a common ham
operator misreading of the emergency operations provision in Part 97 -- 
a more accurate reading would be "Any Ham Frequency, by Any Licensed Ham
Operator of Any Class, Anywhere Regulated by the FCC" -- NOTHING in Part
97 applies to any non-ham frequency.

Part 80, Section 80.13 is absolutely clear: "(a) Except as noted in
paragraph (c) of this section, stations in the maritime service must be
licensed by the FCC either individually or by fleet."  Paragraph (c)
goes on to say "A ship station is licensed by rule and does not need an
individual license issued by the FCC if the ship station is not subject
to the radio equipment carriage requirements any statute, treaty or
agreement to which the United States is signatory, the ship station does
not travel to foreign ports, and the ship station does not make
international communications."

Section 80.15 covers eligibility; 80.39 covers shore station locations;
and 80.47 covers "Operation during emergency."

Section 80.47 says "A station may be used for emergency communications
when normal communication facilities are disrupted. The Commission may
order the discontinuance of any such emergency communication service."

73 de N4AOF

----- Original Message ----- 
From: "Rick Abbott" <wx9m@charter.net>
To: "Ares-Races@Mailman. Qth. Net (E-mail)" <ares-races@mailman.qth.net>
Sent: Monday, November 10, 2003 09:01
Subject: [Ares-races] VHF Marine Band question


> Hello,
>
> Our group just picked up a used VHF Marine Radio. I was going to get
this up
> and running in our club station which is our backup EOC. The intent
was that
> we could possibly assist in any emergency that happens on the water.
We are
> on the Wisconsin River and there are numerous recreational lakes in
the
> county. I know you do not need a FCC license for VHF Marine but the
rules
> say you cannot xmit when boat is on land. So then I read more of the
rules
> and am confused. They mention coastal stations and other public land
> stations and these seem to require a license. I wonder if we could
still
> utilize this radio on land but only in emergency situations, kind of
like
> the any frequency anywhere is ok in emergency (damage to life or
property
> threatening of course). Can anyone shed some light on this? Any other
ARES
> units doing a similar thing?
>
>
>
> Rick Abbott-WX9M
> Emergency Coordinator
> Portage County
> Wisconsin ARES/RACES
> wx9m@charter.net
>
>
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