Use of Ham Radio during emergencies and emergency practice drills

[Terry McCarty]

ALCON-

This is an FYI / QST


A few months ago, the topic of "could paid firemen, EMTs, or other 
'first responders', who were also licensed hams, use Amateur Radios 
during an emergency or during an emergency preparedness practice drill ?".

There was no concern for situations where a real emergency existed - 
everyone recognized that when all else fails anyone can use a ham radio 
to save lives or property when there is no other means of communication. 

The point of contention related to the fact that when an emergency 
responder is 'on duty' and in need of communications in order to 
practice saving life or property, does the prohibition on accepting 
monetary compensation for using their radio operator's privileges, 
preclude them from practicing the use of ham radio equipment as a part 
of the practice drill.  During the period of time that they are 'on the 
air' using a ham radio, practicing for an emergency, they would in fact 
be being paid to do so.

Also, up for discussion was the issue of the nature or authorization or 
certification of the training and drills - were they to be:

    1) 'government sponsored' i.e. ARES
       or
    2) 'privately or non government sponsored' i.e. Prince William
    Hospital or Potomac Hospital sponsored.


Well ... it turns out that those questions were answered in an FCC 
REPORT AND ORDER adopted: July 14, 2010 and released July 14, 2010 (see 
attached PDF) and/or at the WWW on:
http://www.qsl.net/lmtdcs/FCC-10-124A.pdf

That FCC order states:

    "In this Report and Order, we amend the Commission's amateur radio
    service rules.


        1 Specifically, we amend the rules to permit amateur radio
        operators to transmit messages, under certain limited
        circumstances, during either government sponsored or non
        government sponsored emergency and disaster preparedness drills,
        regardless of whether the operators are employees of entities
        participating in the drill. Although public safety land mobile
        radio systems are the primary means of radio-based
        communications for emergency responders, experience has shown
        that amateur radio has played an important role in preparation
        for, during, and in the aftermath of, natural and man-made
        emergencies and disasters.

        2. Current rules provide for amateur radio use during
        emergencies.  At the same time, the rules prohibit
        communications in which the station licensee or control operator
        has a pecuniary interest, including communications on behalf of
        an employer.  While there are some exceptions to this
        prohibition, there is none that would permit amateur station
        control operators who are employees of public safety agencies
        and other entities, such as hospitals, to participate in drills,
        tests, and exercises in preparation for such emergency
        situations and transmit messages on behalf of their employers
        during such drills and tests.  Accordingly, we amend our rules
        to provide that, under certain limited conditions, amateur radio
        operators may transmit messages during emergency and disaster
        preparedness drills and exercises, limited to the duration of
        such drills and exercises, regardless of whether the operators
        are employees of entities participating in the drills or exercises."


Toward the end of the document you will also find the following:

        "97.113 Prohibited transmissions.

            (a) * * *

                (3) Communications in which the station licensee or
                control operator has a pecuniary interest, including
                communications on behalf of an employer, with the
                following exceptions:

                    (i) A station licensee or control station operator
                    may participate on behalf of an employer in an
                    emergency preparedness or disaster readiness test or
                    drill, limited to the duration and scope of such
                    test or drill, and operational testing immediately
                    prior to such test or drill.  Tests or drills that
                    are not government sponsored are limited to a total
                    time of one hour per week ; except that no more than
                    twice in any calendar year, they may be conducted
                    for a period not to exceed 72 hours."

End of FYI / QST
-- 
     Terry McCarty
    3t3 at comcast.net
        wa5nti

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