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Re: [CQ-Contest] Real emergencies

To: cq-contest@contesting.com
Subject: Re: [CQ-Contest] Real emergencies
From: Bob Naumann <n5nj@gte.net>
Reply-to: n5nj@gte.net
Date: Wed, 30 Mar 2005 16:34:02 -0600 (CST)
List-post: <mailto:cq-contest@contesting.com>
Joe,

You need to re-think that one.

"However, it does not permit an amateur to intentionally ignore (fail to own 
and/or deploy) normal commercial communications services.  "

Say what?

Where do you see the implication that I need to purchase something in order to 
remain legal in an emergency?

I really didn't want to get into this, but the fundamental of being capable of 
communicating is so that in the case of an emergency, we as amateurs can 
provide help!  What's so difficult to understand?  The FCC has made statements 
in numerous rule clarifications over the years that in an emergency, providing 
aid comes first - worrying about rules comes second.  

In our litigious society it has to.  Can you imagine this in an ARRL bulletin?:

Dateline Newington CT:

A licensed amateur was sued by the family of a deceased trucker because the ham 
refused to communicate with the him because he was unlicensed.  Joe Ham said: 
"I didn't want to risk a citation, so I told him I could not communicate with 
him further as it was illegal for me to do so."  What did the trucker say back? 
 "He said he was bleeding to death in his crashed truck on route 80 in Western 
Pennsylvania but I ignored him because to do otherwise would jeopardize my 
license."

If anyone thinks helping someone like this is wrong under any circumstances, I 
think you need to change your perspective on life.

73,
N5NJ


=====================
From: "Joe Subich, K4IK" <k4ik@subich.com>
Date: Wed Mar 30 14:11:24 CST 2005
To: 'Tom McAlee' <tom@klient.com>, cq-contest@contesting.com
Subject: Re: [CQ-Contest] Real emergencies



> NI1N writes: 
> 
> Last time I read the rules, anyone is allowed to use any means 
> of radiocommunication at their disposal when life or property 
> is at risk and other communication systems are not available.

That allows an amateur to use any means of communications "when 
normal means of communications are not available."  However, it 
does not permit an amateur to intentionally ignore (fail to own 
and/or deploy) normal commercial communications services.  To 
use amateur communications as a first line substitute for the 
prescribed commercial marine and satellite communications is 
simply illegal. 

Similarly, 97.403 does not permit a non-amateur to use amateur 
facilities - it speaks only to an "amateur station" (defined 
97.3(a)).

73, 

   ... Joe, K4IK 
 


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