In (N2EY) writes:

In article , Paul W. Schleck
writes:

In (N2EY) writes:


In article , Paul W. Schleck
writes:

In (N2EY)
writes:


In article om, "Dee D.
Flint" writes:

Basically I think the ARRL Board knows that the free upgrades means that
their proposal probably will not be adopted in this form. The FCC has
never
gone along with free upgrades before and there is no evidence that they
would do so now. However, I believe they tossed it in as another idea
for
the FCC to consider in developing whatever the FCC decides to do, if they
decide to do anything at all.

That's probably correct, Dee. And that's what bothers me!

As you say, FCC has never done free upgrades, and the last time the issue
came
up (98-143), the ARRL proposal was for existing Novices (!) and Tech
Pluses
to
get free upgrade to General. Of course, FCC said "no way", and has had no
problem whatever keeping the closed-to-new-issues classes in their
database.

So why propose something FCC obviously isn't going to do? Just wastes
everybody's time.

More important, it diverts attention from the other issues.

oh wait, I think I just answered my own question...;-)

73 de Jim, N2EY

I brought this subject up with someone in the League. This exact
thread, actually. I was told that the ARRL BoD sincerely believes (take
at face value, or not) that failure to upgrade licensees in the FCC R&O
for WT 98-143 was not a final "no" answer.

Maybe it wasn't. But are such freebies really a good idea?

It may be a realistic, and pragmatic, idea when considered against the
pros and cons:

Cons:

Provides a "free upgrade" to those that haven't explicitly tested for
it.

That's one. There are others:

- Allowing a free upgrade is proof that the material in the test which is not
taken is not necessary for the privileges.

To quote from the ARRL's FAQ on their proposal:

http://www.arrl.org/news/restructuring2/faq.html

"The fact is that the examination bar has never been at a uniform height
over ham radio's nearly 100-year history."

Were you also opposed to giving pre-1917 hams a waiver for the 20 WPM
code test?

- Amateurs who miss the one time upgrade have to take more tests than those
who didn't. How do we justify that?

It's called "grandfathering," which is done in more regulatory contexts
than can possibly be named here. Due to the need for certainty in the
law, it is nearly always based on hard cutoff dates. Technologies,
practices, and people change over the very long timeline that laws and
regulations are required to cover. It is not possible to predict the
future with certainty, so laws and regulations must change to reflect
current knowledge. It is also impractical for society to retest,
recertify, or revalidate every existing entity against current
requirements.

The web site for Malvern Instrumentation gives a good definition of
grandfathering in a technical context:

"Grandfathering is the practice of claiming exemption of older systems
from validation regulations and requirements on the basis that these
systems have proved their reliability by adoption for a long period of
time by a large user base."

Grandfathering in the context of ham radio recognizes that existing hams
have not only passed the tests in effect at the time, sometimes topics
not covered presently (Morse code, drawing circuit diagrams, etc.), but
have also gained experience beyond their initial exam topics. It is a
fair, and pragmatic, distinction between existing hams and entry-level
ones. Quoting again from the FAQ document:

"Passing any amateur examination does not magically result in a good
operator. It's just the key to the kingdom, so to speak. Experience and
good mentoring create skillful and knowledgeable operators, not the
relative difficulty or ease of the test."

You might argue that not every existing ham has obtained the same degree
of experience, or even a minimum necessary level of experience to be
given a free upgrade. That would be true, but ultimately would be
self-limiting, as experience would correlate with participation. An
inactive ham using no privileges today would be using no more privileges
if the FCC gave him a free upgrade tomorrow. Free upgrades are not a
perfect solution, ideal in all cases, but are a good solution overall.

- Decreased reason for more than half of all hams to upgrade by testing.

No proposal is perfect. Weigh this one against the pros.


Pros:

Avoids having to wait until the last Advanced class license expires to
refarm the Advanced phone bands.

Why does that have to be done at all?

So, are you advocating not refarming the Advanced phone bands even
*after* the last Advanced class license expires? Yeah, that's a
semantic nit-pick over what you wrote above, but then so is "You mean
the BoD. I'm the ARRL too, remember?" that you wrote below.

If you do agree that the Advanced phone bands should be refarmed at some
point in the future, at what point would you have it done? Would you
leave it to Extras, give it to Generals, or would you otherwise split it
up in some way?

Alternatively, avoids opening up the
Advanced class phone bands to General-class hams (an effective downgrade
in privileges for Advanced, and crowding out DX users with more
U.S. hams in those bands) or opening up the Extra class phone bands to
Advanced-class hams (which would be a "free upgrade" in all but name).

Again, why not just leave those subbands as they are now?

In this day and age, regulatory agencies seem more eager to simplify
regulations. Removing regulations that are obsolete, or cover too small
an intended audience to be justified on a cost basis, is likely a top
priority for such agencies. Again, what is your timeline for change?
Decades in the future, or never?

Also avoids having to accommodate a license class (Tech Plus) that isn't
even carried in the FCC database anymore, which is a records/
enforcement problem for the FCC, and requires the licensee to keep
documentation forever.

If the current rules are left alone, all Tech Pluses will be Techs in six
years, two months and 20 days or so.

If by saying, "If the current rules are left alone..." you really meant
leaving alone everything *except* the 5 WPM Morse code requirement
(which would be eliminated for these General and below under the ARRL
proposal), then, and only then, Technician-class hams will assume the
HF privileges of Technician-Plus. That's still a long time in FCC
enforcement (and VEC administration) years. Even if you argue that FCC
action on further restructuring will take most of that six years anyway,
there are still all those Novice and Advanced class licenses that will
likely exist in the database for decades to come.

Why not just give all the existing Techs, Tech Pluses and Novices the
"NewNovice" privs, in addition to their existing privileges? The database
doesn't need to change at all.

Did you notice that Novices actually lose privileges? See the FAQ
document above for more details. In particular, power limits are
lowered from 200 Watts PEP to 100 Watts PEP on HF bands except for 10
meters, and 50 Watts PEP on 10 meters. From the FAQ:

"The reason behind the change in Novice power limits is to avoid having
to examine entry-level applicants about how to evaluate amateur stations
for RF safety. "

I'm sure that you would argue that Technicians should retain their power
limits (1500 Watts PEP) on 6 meters and up, and I would agree, but what
about HF? Should Technicians lose privileges on those bands, by having
their power limits lowered (from 200 Watts PEP), or should there be
separate power limits for Novice and Technician on HF? This is starting
to get more complicated than before.


Rather, it is just one of
the unresolved loose ends that was deliberately not tied up until better
consensus emerged from the amateur radio community about things like
Novice band refarming, etc. The League official noted that the ARRL's
band refarming proposal, RM-10413, has been sitting on an FCC official's
desk for about two years now (he claims to know the exact FCC official,
but did not name him). Because of this, as long a wait, if not longer,
is expected on a "final" answer concerning automatic upgrading.

I say we should judge by actions. When FCC thinksa proposal is a good or
bad
idea, they act. How long did the whole 98-143 process take, from initial
release of the NPRM to the new rules in April 2000?

More important, what would a lack of free upgrades hurt? Is it really such a
burden to require an Advanced to pass Element 4, or a Tech to pass Element
3, in order to get the next higher grade of license?

I think the ARRL may be politically shrewder than some would give them
credit.

You mean the BoD. I'm the ARRL too, remember?

Yes, I meant the governance of the ARRL when I used the shorthand "ARRL"
in the context of offering an opinion on a BoD decision. Only they can
establish ARRL official policy and petition the FCC in the name of the
ARRL. Who else did you think I meant?

How much of the ARRL proposal in 1998 got enacted?

You will need more than a rhetorical question to make an argument here.
Instead, why don't you just come right out and say, for the benefit of
the audience, which items in the ARRL proposal got enacted, and which
ones didn't? And, of those that didn't get enacted, which ones you
think have already been given a final "no" answer?

They can turn to the reformers and say, "See, we're giving you
a both a Novice and General HF-class license that doesn't require Morse
Code." To the old-school (and long-time, dues-paying) members they can
at least imply, "We recognize that the Morse Code tests you took in the
past are valuable, so we are going to reward you with a higher class of
license. Then you will always know that you are better than anyone who
gets a General or Extra class license under the reduced standards in the
future."

Avoids the subject of why free upgrades are needed.

But does address the subject of why they may be politically desirable,
not only by leading to simplified FCC regulations, but also resulting
in a more harmonious and productive amateur radio in the future by
addressing most of the concerns of most factions.

I say they're not.

So you've said. I'm sure that you will also say this to your
representatives within the ARRL and comment on any future FCC NPRM on
the subject. I will, too. For the record, I'm not in complete
agreement with the ARRL proposal, either. I don't see the regulatory
justification for the retention of 5 WPM Morse code for Extra, and I
remain skeptical that a Novice license (even a restructured one) is
viable today.

73 de Jim, N2EY

--
73, Paul W. Schleck, K3FU

http://www.novia.net/~pschleck/
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