Sec.  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