"Pirate" radio stations..legal during war/emergency?

[beagledave]

qctimes.com

Like other radio stations, “Power Hits 103.3” plays music, takes calls from listeners and plans community-wide events to benefit charities.
Unlike other radio stations — at least those in the Quad-Cities — Power Hits 103.3 does not operate legally.
The low-power station, which Jason Duncan and Matthew Britcher signed on April 7 in Bettendorf, is operating without a license from the Federal Communications Commission and unofficially is termed a “pirate” radio station. However, the two men say, a loophole in the U.S. Code of Federal Regulations states that non-licensed entities can broadcast during a wartime situation.
“Basically it says that, in an emergency situation, you don’t need a formal license to use your radio or to broadcast,” Duncan said. “It was kind of a legal loophole or a window of opportunity.

Anyone have a cite for such a “loophole”?

[Jackmannii]

I’d think that the FCC could just as easily cite the loophole that we are NOT at war, there having been no declaration of war by Congress, and shut the pirate station down.

Assuming the station’s operators are correct (a major assumption), it would of course make no sense at all to have this exception. Wartime is no time to have illegal stations sprouting up and interfering with potentially lifesaving communications:

“This is the Emergency Broadcast System. This is not a test. You are directed to BRAWWWP! Power HITS 103 plays the best songs with no ads, since we have no advertisers!! Here’s Astral Unicorn with Bean Sprout Boogie…”

[beagledave]

@Jackmannii

Assuming the station’s operators are correct (a major assumption), it would of course make no sense at all to have this exception. Wartime is no time to have illegal stations sprouting up and interfering with potentially lifesaving communications:

Oh I agree that they probably don’t have a leg to stand on…I’m just curious as to which portion of the code they are claiming gives them such a “right” to broadcast license free.

IMHO…having an all Britney Spears format WOULD be an “emergency” situation, but perhaps that’s fodder for a different thread.

[mks57]

The FCC does relax their rules during an emergency, such as a natural disaster or other event that disrupts the normal flow of communications. That said, I think they are exceedingly naive if they think that anyone is going to buy their argument that the war in Iraq is justification for operating a pirate radio station. They are playing music and other non-essential programming, not passing emergency traffic or providing essential emergency-related information to the public. Off with their heads.

[Captain_Amazing]

Well, there’s 47 CFR 73.3542(a), which says:

Authority may be granted, on a temporary basis, in extraordinary circumstances
requiring emergency operation to serve the public interest. such situations include: emergencies involving danger to life and property; a national emergency proclaimed by the
President or the Congress of the U.S.A and; the continuance of any war in which the United States is engaged, and where such action is necessary for the national defense or security or otherwise in furtherance of the war effort.

But all that 47 CFR 73.3542 says is that, in times of emergency, someone can make an emergency request to the FCC to be allowed to broadcast without going through the licensing hoops, and, if the FCC considers that the request is valid, and that the broadcasting is neccesary to save lives or fufill a vital national interest, they get a temporary license to operate until the crisis is over.

Needless to say, Power Hits 103 probably doesn’t meet the requirements for emergency operation.

[mks57]

Part 97, Subpart E covers emergency communications for the amateur service.

http://www.hamradio-online.com/library/subparte.html

Note “S 97.403 Safety of life and protection of property.” and “S 97.405 Station in distress.”, which basically say forget the rules, do whatever is needed in the case of an emergency.