97.113 Waivers Extremely Limited, Alas
Wednesday, October 21, 2009 at 11:41AM Just after I posted the last piece, I received a response from the FCC regarding whether ongoing events—scheduled nets, for example—could be granted a waiver from 97.113. Here’s the response:
Activities such as the “regular monthly drills” and “two weekly nets” involving hospitals and county agencies you describe are afoul of 97.113(a)(5)…”Communications, on a regular basis, which could reasonably be furnished alternatively through other radio services.”
Why don’t you put these communications on Part 90 channels instead of trying to twist and skirt the part 97 rules? The waiver process always has been open—it isn’t new.
No, waivers are not new. And, yes, the FCC can grant any waiver it sees fit. But, won’t in this case. And if they aren’t new, why the Public Notice? Tease us with waivers that will rarely be granted?
Let us remember that the waivers I was asking about would have allowed a city RACES coordinator (paid staff) to check into the weekly RACES net, which is not legally possible at this time.
The continued insistence on hams using Part 90 equipment and frequencies makes me wonder. I have considered the possibility that some within the FCC want public service and emergency communications on Amateur Radio to be as limited as they can possibly be.
David Coursey, N5FDL
Here is a link to a PDF of the Public Notice the FCC released on Tuesday.
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Reader Comments (1)
Recent updates of HS occurances would say yes there is the crunch to have control. Yet out of one side of the mouth is speaking from the highest post to be community minded and to use efforts to coordinate and utilize encouragement with volunteerism. Then the other side says keep the people perceiving that they are valuable. But keep them out of our network, yet make sure they think its their idea. kd5wev