FCC Amateur Radio Licenses Are Required

Section 97.113 of the FCC regulations for amateur radio states that FCC licenses are required for all transmissions by amateur radio equipment. Only one exception to this exists. If a person who does not have a FCC amateur radio license is in a critical "life or death" emergency, that person can operate amateur radio equipment in order to get life-saving help. This exception does not authorize individuals or organizations to use amateur radio equipment to meet their normal communication needs.

Organizations can include the use of amateur radio in their emergency plans to replace communications lost due to disasters, but those organizations must take the first step to getting help by requesting services from the amateur radio community. Amateur radio equipment used during emergencies must be operated by licensed amateur radio operators. In addition, amateur radio equipment must not be used to transmit data on a regular basis that is part of the operation of the businesses. For example, if amateur radio operators provide transmissions to help injured persons get help, the hams should probably not transmit statistics about the number of persons injured and the type of injuries those persons encountered. That business data can be transferred later when communications are restored.

The same situation exists during non-emergencies, such as communications during parades, walks, runs, and bike tours. Hams provide communications during parades and similar events as public services. Radio frequencies are given free to amateur radio operators, and hams feel an obligation to use those frequencies for the good of the public. Supporting public events is important, not only because of public service, but because those communications concern the health and welfare of those who participate in the events. In addition, even though personal messages can be sent via telephone, email, and postal mail, hams send or relay non-business messages (traffic) to/from individual persons as a service to those persons and to the public in general as well as for training in sending messages into or out of disaster areas.

Businesses must not own amateur radio equipment, even if the goal of the businesses is to only use that equipment in times of emergency. Amateur radio is not an Emergency Radio Service. Amateur radio operators voluntarily use their equipment and time to support the public. They must not use their equipment to provide communications in behalf of their employers.