This question was just asked of me and opposed to taking a stab at it I figure someone has already figured it out.

"I was just taking a break and a thought occurred to me related to this whole mesh ham network thing. If you had a mesh setup as a backup wireless comm network for chat, file sharing or whatever, and it is being operated in the ham portion of the 2.4ghz wifi band, can anyone use it?

I thought of this while mulling over the potential uses of such a thing as a backup or auxiliary (what you and I have mentioned in the past). Let's say we have a computer connected to a ham mesh net in the dispatch office, and one at the police department. Could anyone legally jump on those machines and use the network, or would they have to call a licensed ham to come down and do their typing for them?"

The first question I would ask is, have you violated Part 15 rules with your Hamnet? My take on this is if your channel, power, and antenna ERP are "Part 15" compliant, then you can operate under Part 15 rules how ever your station and network are labeled.

If you have exceeded those limits, then you must operate under Part 97 rules.

Under Part 97 rules you have the standard emergency loophole:

E. Emergency Communications

Subpart E contains four sections, numbered 97.401–407.

Subpart E supports the service of amateur radio operators in times of disaster by establishing basic standard operating procedures to use in case an emergency should occur. Primarily, it authorizes any use of radio technology for the "immediate safety of human life and immediate protection of property," regardless of all other FCC regulations, when no alternative is available. It also establishes the Radio Amateur Civil Emergency Service (RACES), a civil defense communications service intended for activation in times of war or threat to national security.

My take on this is during an active emergency all bets are off, do what you need to do.

Also under Part 97 rules operators can operate under supervision and privileges of the control operator of a station who is physically present.

Cheers;

Bob