When normal communications systems are not available, amateur stations may make transmissions necessary to provide essential communication needs in connection with the immediate safety of human life and immediate protection of property [47 CFR 97.403]. This provision of emergency communications is regulated by Part 97, Subpart E of the FCC's rules. One advantage for amateur radio operators in public emergency communications is the wide range of available frequencies [47CFR 97.407].5
E. Emergency Communications[edit]
Subpart E contains four sections, numbered 97.401–407.
Subpart E supports the service of amateur radio operators in times of disaster by establishing basic standard operating procedures to use in case an emergency should occur. Primarily, it authorizes any use of radio technology for the "immediate safety of human life and immediate protection of property," regardless of all other FCC regulations, when no alternative is available. It also establishes the Radio Amateur Civil Emergency Service (RACES), a civil defense communications service intended for activation in times of war or threat to national security.
Enough said
well, thank you for removing the "smart assed remark"
contact with the FCC enforcement division over this exact issue, on May, 2013, resulted in this (paraphrased) reply: part 97 only covers Amateur frequencies and that usage of "any freq" was NOT supported by part 97 except on AMATEUR frequencies.
Their response was centered around the argument that any radio operator using a non-certified Part 90 or 95 radio in a part of the spectrum that one is not licensed to use is either:
(A) against FCC rules and the operator can be fined for such radio use, or,
( B) that under part 97.403 an amateur radio operator is allowed under certain emergency situations to use a modified amateur radio transceiver on Part 90 or 95 frequencies to obtain help, without fear of being fined or having their licensed revoked.
The rules are clear that in order to use Part 90 or 95 spectrum, the operator must have the correct licensing and certified radios to use those services.
However, many amateur radio operators will quote the following Part 97 rules stating that in an extreme emergency situation any radio on any frequency is acceptable to use for assistance. Part 97.403 states that “No provision of these rules prevents the use by an amateur station of any means of radio communication 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.
Part 97 does not contain any “privileges authorized” for amateur radio operators that include Part 90 or Part 95 frequencies.
Part 90 and 95 both
require the use of certificated equipment. Use of modified amateur radio transceivers on Part 90 or 95 frequencies violate the rules because modified amateur radio equipment is not certified for either Part 90 or 95 radio services.
The rules are clear that in order to use Part 90 or 95 spectrum, the operator
must have the correct licensing and certified radios to use those services.
Bottom line: part 97 does not "prevent" it,..... but,................ both parts 95.409 and 90.203 DO make that action clearly illegal.
BTW: your reference to 97.407 Subpart E has nothing to do with this discussion. 97.407 only pertains to RACES stations operation on
designated Amateur frequencies 97.407 (b) .