Re: New HA product development

[Mike Monett <no@xxxxxxxxxx>]

Mac wrote:
>
> On Thu, 23 Jun 2005 01:11:18 +0000, gwhite wrote:
>
> > Joel Kolstad wrote:
> >>
> >>
> >> Ah, well TRANSMITTING on the police bands is another issue.  That
> >> certainly is illegal (for your friend).
> >
> > I believe true maydays are never illegal on any band.  Note you do not
> > claim he was arrested for illegal operation.  (I admit it has been over
> > 25 years since I took the license exams.)
> >
> >> But note that the FCC confiscated the device specifically because it
> >> was modified and therefore no longer type accepted...
> >
> > As I wrote, seizure of a non-type accepted radio, that has been legally
> > used, is different than saying the particular mayday use itself was
> > illegal.
>
> See, in particular:
>
> §97.403 Safety of life and protection of property.

>   No provision of these rules prevents the use by an amateur station of
> any means of radiocommunication at its disposal to provide essential
> communication needs in connection with the immediate safety of human life
> and immediate protection of property when normal communication systems are
> not available.
>
> Also:
> §97.111 Authorized transmissions.

> (a) An amateur station may transmit the following types of two-way
> communications:

> (1)[...]

> (2) Transmissions necessary to exchange messages with a station in another
> FCC-regulated service while providing emergency communications;
>
> As I understand it, (and I am not a ham) in a real emergency, and when
> there is no other alternative, a ham may use any power, any band, and any
> modulation necessary.
>
> Mac

That's what kept him out of jail for transmitting on an emergency frequency.

But he is still lucky he wasn't prosecuted for the illegal modifications to the
transmitter.

Mike Monett