noway2;n59323 said:
technically speaking as long as Uncle is remotely function it requires declaration of the war powers act to suspend ham radio.
Will Ham Radio be Shut Down if War is Declared?
Some amateurs have been wondering if the FCC will shut down Amateur Radio in the event that war breaks out in the Middle East. The short answer is "no."
Just prior to the Gulf War, §214.4(b)(4) of Title 47 of the Code of Federal Regulations was deleted. This section had mandated the closing of all Amateur Radio stations except Radio Amateur Civil Emergency Service (RACES) stations in the event that the president proclaimed a war or national emergency. The last time Amateur Radio was shut down was during World War II, although the FCC continued to give Amateur Radio examinations.
While the Amateur Radio Service will not automatically be shut down if the president invokes the War Powers Act, Amateur Radio licensees must continue to observe any directives the FCC may issue in the interests of national security and of making spectrum available for government use.
The FCC is directed to work in coordination with the National Telecommunications and Information Administration (NTIA) to issue "appropriate rules, regulations, orders and instructions" for use of the spectrum "as may be necessary to ensure the effective use of those portions of the radio spectrum shared by government and non-government users." Amateurs share most UHF allocations with the US government.
Source:
The ARRL Letter Vol. 22, No. 11 March 14, 2003
Editor's Note:
The following ARRL Bulletin on September 11 reports this:
"Should a state of war be declared, Amateur Radio would not automatically be shut down. This requirement was eliminated prior to the Gulf War."
You may find this bulletin on the ARRL Web at:
http://www.arrl.org/w1aw/2001-arlx009.html.
In addition, the ARRL's FCC Rule Book states this on page 5-11 and 5- 12:
"Before 1990, a war or national emergency proclamation by the President automatically mandated the closing of all Amateur Radio stations [97.407(b)]. This is highly improbable now. Part of Section 214 of Title 47 of the Code of Federal Regulations (which deals with the National Security Council) was changed on December 11, 1990, eliminating the requirement that the Amateur Radio Service be automatically shut down during such an emergency. Instead, when a national emergency is declared, amateurs are obligated to observe whatever orders the FCC may issue in the interests of national security."
-- ed.
http://www.eham.net/articles/5061