[Ares-races] VHF Marine Band question

[George Andrews]

One comment. This VHF marine radio dialog could be carried on offline. This
is not useful information to those who subscribe to this list for ARES/RACES
info. The noise to signal ratio is getting a little to high.

George Andrews, RRPT
N1YAE FN31kj
WPYQ853
gandrews@ntplx.net

----- Original Message ----- 
From: "N4AOF" <n4aof@arrl.net>
To: <ares-races@mailman.qth.net>; "Martin T. Focazio" <martin@focazio.com>
Sent: Tuesday, November 11, 2003 6:24 PM
Subject: Re: [Ares-races] VHF Marine Band question


> > 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.
>
>
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