A while back the FCC clarified this miss-quoted rule. Your question was referred to me because it concerns the Commission’s amateur radio rules. Section 97.105(b) answers your question: “A station may only be operated in the manner and to the extent permitted by the privileges authorized for the class of operator license held by the control operator.” Control operator privileges are specified in Section 97.301. Part 97 does not contain any “privileges authorized” for amateur radio operators that include Part 90 or Part 95 frequencies. Part 90 and 95 both require the use of certificated equipment. See Section 90.203 and 95.409. Use of modified amateur radio transceivers on Part 90 or 95 frequencies violate the rules because modified amateur radio equipment is not certified for either Part 90 or 95 radio services. As you note, “The rules are clear that in order to use Part 90 or 95 spectrum, the operator must have the correct licensing and certified radios to use those services.” The debate you are referring to, therefore, comes down to “How can we get around the rules?” The answer is, “You can’t.” We will be happy to relieve you of thousands or tens of thousands of dollars and your amateur radio license if you transmit on channels you are not licensed to transmit on. William Wireless Telecommunications Bureau" ADD §2.405 Operation during emergency. The licensee of any station (except amateur, standard broadcast, FM broadcast, noncommercial educational FM broadcast, or television broadcast) may, during a period of emergency in which normal communication facilities are disrupted as a result of hurricane, flood, earthquake, or similar disaster, utilize such station for emergency communication service in communicating in a manner other than that specified in the instrument of authorization Comentary--2.405 says the rule that allows operation in an emergency specifically does NOT apply to amateurs. There is NOTHING in Part 90 that gives amateurs the privileges to operate on those frequencies. There is also NOTHING in Part 97 that gives amateurs permission to operate under any other rule parts. Claims that this single rule in Part 97 gives access to any/all spectrum for use in a real or perceived emergency is taking a -whole-lot-of- liberties with the meaning, and completely ignoring 2.405.