Interesting Petition Concerning Emcomm Being Filed with FCC

[W6WBJ]

WB6BNQ recently mailed for filing with the Commission a Petition for a Declaratory Ruling under Sec. 1.2 of the FCC's Rules of Practice and Procedure, asking the Commission to declare that emergency communications is not one of the specified primary purposes of the amateur radio service; that Emcomm is supposed to be provided by RACES stations instead; that no grounds exist for the Commission to issue waivers of Sec. 97.113; and that the only reason why the Emcomm people are asking for waivers from Sec. 97.113's prohibition against employees operating an "emergency" station for their employers while receiving remuneration is that the ARRL has improperly been pushing Emcomm as a primary purpose of amateur radio. He filed the Petition in the already-pending waiver cases. It should be interesting to see what the Commission does with this Petition when it is filed.

But it won't be filed for awhile. Remember, the Commission is still afraid that someone is going to send them anthrax spores, so all their incoming mail is put through a lengthy irradiation procedure before it is officially filed. Personally, I think the Commission is flattering itself to think that any would-be terrorists would waste perfectly good anthrax spores on that failed agency.

[W3WN]

And then we wonder why the Amateur Service has trouble getting the FCC to take us seriously. :roll:

I hope someone with half a brain at the FCC... I know, don't say it... finds a good reason to dismiss this without taking action. Such as it arriving in a less than timely matter.

Sometimes, I wonder who's worse, the EmComm Whacker extremists at the one end, and the anti-Emcomm Whacker extremists at the other...

[W6WBJ]

W3WN, I'm not quite sure what you're saying. Do you think grounds exist for the Commission to issue its waivers of enforcement of Sec. 97.113, and if so, why?

And assume that a filing is received by the Commission by mail in a timely fashion, but that it isn't timely filed only because they send it through the irradiation procedure before filing it. Do you really think the applicant should bear the burden for this by having his filings declared untimely?

[W3WN]

W3WN, I'm not quite sure what you're saying. Do you think grounds exist for the Commission to issue its waivers of enforcement of Sec. 97.113, and if so, why?

And assume that a filing is received by the Commission by mail in a timely fashion, but that it isn't timely filed only because they send it through the irradiation procedure before filing it. Do you really think the applicant should bear the burden for this by having his filings declared untimely?

I'm saying that this petition is a waste of time and makes us all look foolish, because the petitioner has got a very narrow view of what he believes is the purpose of the amateur radio service, and by the very nature of this petition shows that he has little tolerance for what others may believe in when it conflicts with his opinion.

I'm saying that when one extreme on the issue takes it's fight with the other extreme public, we all lose.

I'm saying that if he wants to get hoist with his own petard, fine, just don't take the rest of us with him.

And I'm saying that the best outcome for the Amateur Service as a whole would be for the FCC to dismiss this petition without commenting on the alleged merits, if any, of it... such as dismissing it due to a technicality, so we don't all look like schmucks.

[KC2UGV]

I for one do hope it gets tossed out. While I'm no whacker, it's clear that providing a pool of radio operators during times of emergency IS A VALID PURPOSE of AR... States it right in the preamble of Part 97...

Now, do I agree with the lengths whackers will go through... Another thread.

[W6WBJ]

KC2UGV said: "...providing a pool of radio operators during times of emergency IS A VALID PURPOSE of AR... States it right in the preamble of Part 97..."

Right, but that's just the point. A preamble is strictly general in nature, and always sets forth general sentiments that may or may not be enforceable, depending on what the specific sections of the regulation or statute say.

Sec. 97.1 is just a general preamble to the Rules. It is Sec. 97.3 that specifically sets forth the purposes of amateur radio, and no mention of emcomm is found therein.

[W3WN]

KC2UGV said: "...providing a pool of radio operators during times of emergency IS A VALID PURPOSE of AR... States it right in the preamble of Part 97..."

Right, but that's just the point. A preamble is strictly general in nature, and always sets forth general sentiments that may or may not be enforceable, depending on what the specific sections of the regulation or statute say.

Sec. 97.1 is just a general preamble to the Rules. It is Sec. 97.3 that specifically sets forth the purposes of amateur radio, and no mention of emcomm is found therein.

So you're saying what, that if it's not specifically mentioned, then it must be forbidden?

[KC2UGV]

KC2UGV said: "...providing a pool of radio operators during times of emergency IS A VALID PURPOSE of AR... States it right in the preamble of Part 97..."

Right, but that's just the point. A preamble is strictly general in nature, and always sets forth general sentiments that may or may not be enforceable, depending on what the specific sections of the regulation or statute say.

Sec. 97.1 is just a general preamble to the Rules. It is Sec. 97.3 that specifically sets forth the purposes of amateur radio, and no mention of emcomm is found therein.

Yep, nowhere does it state that. If of course you completely ignore 97.4...

Geez, I thought this shit was on the exams somewhere... Have they stopped asking questions about Emergency Communications on the AR tests since '07?

[W6WBJ]

"So you're saying what, that if it's not specifically mentioned, then it must be forbidden?"

No, it's not forbidden. Emergency communication is permitted, but just not on behalf of one's employer and while receiving remuneration for it. The Commission is supposed to be issuing RACES licenses, but it isn't issuing them, so apparently they don't think it is very important for hams to be providing Emcomm. And Part 90, Subpart A, Secs. 90.15, et sequitur, provide for a public safety radio pool. That is what these agencies are supposed to be using, not ham radio.


"And I'm saying that the best outcome for the Amateur Service as a whole would be for the FCC to dismiss this petition without commenting on the alleged merits, if any, of it... such as dismissing it due to a technicality, so we don't all look like schmucks."

That sounds like a government of men, not of laws, to me. That is not what we have. We have a government of laws, not of men. The Commission is supposed to decide the merits of such petitions, not find some phony reason to dismiss them without due process.


"Yep, nowhere does it state that. If of course you completely ignore 97.4..."

Part 97 does not contain a Section 97.4.

[KC2UGV]

"So you're saying what, that if it's not specifically mentioned, then it must be forbidden?"

No, it's not forbidden. Emergency communication is permitted, but just not on behalf of one's employer and while receiving remuneration for it. The Commission is supposed to be issuing RACES licenses, but it isn't issuing them, so apparently they don't think it is very important for hams to be providing Emcomm. And Part 90, Subpart A, Secs. 90.15, et sequitur, provide for a public safety radio pool. That is what these agencies are supposed to be using, not ham radio.


"And I'm saying that the best outcome for the Amateur Service as a whole would be for the FCC to dismiss this petition without commenting on the alleged merits, if any, of it... such as dismissing it due to a technicality, so we don't all look like schmucks."

That sounds like a government of men, not of laws, to me. That is not what we have. We have a government of laws, not of men. The Commission is supposed to decide the merits of such petitions, not find some phony reason to dismiss them without due process.


"Yep, nowhere does it state that. If of course you completely ignore 97.4..."

Part 97 does not contain a Section 97.4.

You do realize how the decimal system is used in document outlining, right?

97.4 = 97.400-97.499

Go back and look and read every section between those numbers... In fact, I can sum up all of them with two words:
Emergency Communication

It appears you need to go back and get familiar with Part 97...