97.403 only applies to amateur radio and specifically says:
https://www.ecfr.gov/cgi-bin/text-idx?&mc=true&node=se47.5.97_1403&rgn=div8
"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."

Notice how it says "an amateur station". It does not say "any person" or 
"any unlicensed person can transmit on any frequency they want with 
non-FCC approved equipment".

Tom ND5Y

> There's always 97.403, which allow using "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."  
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