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Re: [CQ-Contest] Real emergencies

To: <n5nj@gte.net>, <cq-contest@contesting.com>
Subject: Re: [CQ-Contest] Real emergencies
From: "Joe Subich, K4IK" <k4ik@subich.com>
Date: Wed, 30 Mar 2005 23:54:34 -0500
List-post: <mailto:cq-contest@contesting.com>
N5NJ writes: 

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

Quite simply, in the language that says: 
   "when normal communication systems are not available." 

For a sailor the "normal communications systems" are marine 
radio (HF and VHF) and satellite phone.  To go about without 
those is to specifically court danger.  

It is much like the health department saying when normal water 
purification systems fail, you may use three drops of chlorine 
based bleach in one gallon of water and/or boil the water 
for five minutes before using.  Would you accept a city, or 
other "public" water source saying, "commercial water treatment 
is too expensive, if you need to drink our water add bleach 
or boil it'?   

> 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.  

That is only one of five purposes given in section 97.1. 

> 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.  

Civil and criminal courts have long held that there is no 
requirement that one become a "good Samaritan."  

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

I'm certainly not saying that helping is wrong ... I am saying 
that an unlicensed person who intentionally does not have the 
appropriate means to summon help in an emergency is breaking 
the law when using amateur radio in an emergency.  Will that 
person be prosecuted or even cited ... I doubt it.  Does it 
make it any less wrong ... no. 

I know the FCC has regularly cited truckers and trucking companies 
for using illegally modified amateur radios (and amateur frequencies). 
For a trucker to use an illegally modified radio to contact an 
amateur on 10 meters for help as opposed to the Ohio Highway Patrol 
(who regularly monitor both channel 9 and 19) is completely illegal. 
In that case, "normal communications channels" were most certainly 
available. 

73, 

   ... Joe, K4IK 
  

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