[Ares-races] VHF Marine Band question

[N4AOF]

> Re: the VHF marine "Emergency" and all that...
>
> You know, it's this nitpicky sort of arguing over this rule and that
> interpretation that has driven me off the air almost entirely.

It's whining like this that DOES drive people to give up and quit.

> Case in point:  Around here, there's no cell service in most places.
> Factor that in to the scenario. You come upon a cop in his car one
> night, he's been shot. Do you pick up his radio and call for help?
> Of course you do. Will you ever be prosecuted for that illegal
> action? Absolutely not. In fact, you'll be commended.

And you will have done nothing illegal, at least you will not have
violated any FCC regulation.  The applicable regulations in your
scenario are in Part 2 and Part 90.   What you are describing is a
perfectly legal LICENSED STATION operating on its licensed frequency.
The fact that the operator isn't the regular police officer does not
enter into consideration because the operator of a Part 90 station isn't
individually licensed.  The licensee in your example is the police
department, not the individual police officer.  The only way you could
be charged under 47CFR would be if the licensee (the police department)
filed a formal complaint with the FCC specifically stating you were not
authorized to operate the radio.

> Case in point: You have a portable VHF marine radio. You are 3 miles
> from shore, in your car. You hear a boat on the water calling for
> help. Ignore them, right? Because, after all, if you answer them,
> you're breaking the law. So let 'em burn, right? WRONG. You help the
> person in need.

And, of course, your illegal radio just happens to be the only station
hearing the boat in distress.  No other boat is copying their signal;
the Coast Guard shore station isn't copying their distress signal; the
local Marina's licensed shore station isn't copying their distress
signal, BUT your illegal station just happens to be the only station in
the entire area who hears this boat in distress.  Yep, those things
happen every day (but only in the minds of people looking for excuses
for premeditated unlicensed operation).

> I'd like you to consider, for a moment, the political ramifications
> of prosecuting someone who "illegally: used radio equipment in an
> emergency to help save a life.

It has happened more than once.

> "Thanks for saving lives, now go to jail and pay $8,000 for the
> illegal radio use. "
> That's not how it works in real life.

Usually that's true -- but not always -- and the discussion was not WILL
YOU GET AWAY WITH IT, but rather is it legal to do.  Those two questions
often have different answers.

> "...was able to provide information to a back-up officer after a
> passing taxi driver used his police radio to call for help, and a
> search began, according to court documents."
>
> "In another case, the pilot of a Cessna U206E on floats passed out in
> 1996 on a flight out of Renton, Wash. The passenger contacted the air
> traffic controller, who happened to be a flight instructor. The
> controller talked the passenger through the landing.

The ONLY thing those two examples prove is that you don't have a clue
about the FCC Rules and Regulations in any radio service outside Part
97.