§  97.407   Radio amateur civil emergency service.

   (a) No station may transmit in RACES unless it is an FCC-licensed
   primary, club, or military recreation station and it is certified by a
   civil defense organization as registered with that organization, or it
   is an FCC-licensed RACES station. No person may be the control operator
   of a RACES station, or may be the control operator of an amateur
   station transmitting in RACES unless that person holds a FCC-issued
   amateur operator license and is certified by a civil defense
   organization as enrolled in that organization.

   (b) The frequency bands and segments and emissions authorized to the
   control operator are available to stations transmitting communications
   in RACES on a shared basis with the amateur service. In the event of an
   emergency which necessitates invoking the President's War Emergency
   Powers under the provisions of section 706 of the Communications Act of
   1934, as amended, 47 U.S.C. 606, RACES stations and amateur stations
   participating in RACES may only transmit on the frequency segments
   authorized pursuant to part 214 of this chapter.

   (c) A RACES station may only communicate with:

   (1) Another RACES station;

   (2) An amateur station registered with a civil defense organization;

   (3) A United States Government station authorized by the responsible
   agency to communicate with RACES stations;

   (4) A station in a service regulated by the FCC whenever such
   communication is authorized by the FCC.

   (d) An amateur station registered with a civil defense organization may
   only communicate with:

   (1) A RACES station licensed to the civil defense organization with
   which the amateur station is registered;

   (2) The following stations upon authorization of the responsible civil
   defense official for the organization with which the amateur station is
   registered:

   (i) A RACES station licensed to another civil defense organization;

   (ii) An amateur station registered with the same or another civil
   defense organization;

   (iii) A United States Government station authorized by the responsible
   agency to communicate with RACES stations; and

   (iv) A station in a service regulated by the FCC whenever such
   communication is authorized by the FCC.

   (e) All communications transmitted in RACES must be specifically
   authorized by the civil defense organization for the area served. Only
   civil defense communications of the following types may be transmitted:

   (1) Messages concerning impending or actual conditions jeopardizing the
   public safety, or affecting the national defense or security during
   periods of local, regional, or national civil emergencies;

   (2) Messages directly concerning the immediate safety of life of
   individuals, the immediate protection of property, maintenance of law
   and order, alleviation of human suffering and need, and the combating
   of armed attack or sabotage;

   (3) Messages directly concerning the accumulation and dissemination of
   public information or instructions to the civilian population essential
   to the activities of the civil defense organization or other authorized
   governmental or relief agencies; and

   (4) Communications for RACES training drills and tests necessary to
   ensure the establishment and maintenance of orderly and efficient
   operation of the RACES as ordered by the responsible civil defense
   organization served. Such drills and tests may not exceed a total time
   of 1 hour per week. With the approval of the chief officer for
   emergency planning in the applicable State, Commonwealth, District or
   territory, however, such tests and drills may be conducted for a period
   not to exceed 72 hours no more than twice in any calendar year.

   [ 54 FR 25857 , June 20, 1989, as amended at  65 FR 6550 , Feb. 10, 2000;
    71 FR 66465 , Nov. 15, 2006]

Subpart F--Qualifying Examination Systems