These CFR provisions are not meant to cover ongoing, long term communications needs, especially when temporary common carriers are in place in the near future. Then if H&W traffic is handled, not essential for immediate safety or protection, any ongoing third party rules might get in the way.
§ 97.403 Safety of life and protection of property.
No provision of these rules prevents the use by an amateur station of any means of radiocommunication at its disposal to provide essential communication needs in connection with the immediate safety of human life and immediate protection of property when normal communication systems are not available.
Bob Famiglio, K3RF
Vice Director - ARRL Atlantic Division
610-359-7300
From: arrl-odv On Behalf Of rjairam@gmail.com
Sent: Friday, September 06, 2019 6:57 AM
To: ODV <arrl-odv@arrl.org>
Subject: [arrl-odv:28716] Third party waiver
Is it possible to get an official state department waiver of third party traffic rules for disaster traffic to/from the Bahamas?
Among other things, Winlink is now enforcing third party rules and in order to unblock it they need some sort of official communication that it is legal to unblock the traffic.
When I asked Dan Henderson about it, he said that 97.403 should be sufficient but an official waiver is more iron clad.
73
Ria, N2RJ