Re: [Paddlewise] Ch 16 and DSC - Illegal made Legal

Derek wrote:
> --- Craig Jungers <crjungers_at_gmail.com> wrote:
> 
>> On 11/17/06, Dave Kruger <kdruger_at_pacifier.com>
>> wrote:
>>>
>>> It should be mentioned that an unwritten tenet of the FCC's rules is that
>>> any radio device used in a true emergency can be used in any way, without
>>> penalty.  I'd be amazed if there is a single piece of US case law in which
>>> prosecution occurred under these circumstances.
> 
> My understanding is that the same holds true in
> Canada.  In a true emergency, operating a Marine VHF
> without a license will not get you into trouble.

This is true.  However, ISTR a case in the US many years ago when a person _was_ 
prosecuted for using a marine VHF without license in an emergency.  There was a 
lot of discussion about it at the time, since it was an example of how you do 
use the radio at your risk.  I don't remember any other details - it may have 
been that the officials and the user differed on their interpretation of what 
constituted an emergency.

> I cannot help but ponder the consequences of this
> though.  One could purchase any number of radio
> devices without a license - be they ham radio, marine
> SSB, or perhaps some device offering dedicated use on
> a commercial frequency.  It appears that so long as
> this device is only used for a true emergency, there
> are no negative consequences. 

The only thing preventing you from doing this is the retailer.  Reputable ones 
will not sell you a ham or commercial unit without proof of license.  The same 
retailers (personal experience) _will_ sell a marine VHF without proof - it 
seems that they consider ham worth protecting; not sure why they protect land 
use VHF.  I know of one exception where a hiking club I belonged to got two land 
use handhelds with a nudge-nudge, wink-wink agreement from the seller.

Second hand radios are another deal.  Dedicated ham users won't sell a unit to 
you without license since they want to protect their own airwaves.  Pawn shops 
and other sources would sell eagerly.  YMMV.

Mike
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