"Jim Hampton" wrote in
:

Please re-read Phil's reply again. You missed the point as to each
administration is free to do as they please. So far, the FCC has not
seen to eliminate the Morse requirement. Period.

73 from Rochester, NY
Jim



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No I am well aware of that point. However, the FCCs implementation of
requiring a code test is different for Techs than it is for Generals and
Extras. Generals and Extras are required to pass Element 1, and Techs are
not. Access for Techs to the Novice HF subbands is __not__ conditioned on
passing Element 1, but only upon having "received credit for proficiency
in telegraphy in accordance with the international requirements" (from
rule 97.301(e)).

Given that s25.5 leaves it open for each administration to determine if a
code test is required, with no mention of any specific frequencies, the
only rule the FCC chooses to make for Tech HF access is 97.301(e), which
in turn includes the words "in accordance with international
requirements", i.e. in accordance with s25.5.

So, the FCC rule implies that a code test is required if s25.5 requires
it, and s25.5 says that a code test is required if the administration (the
FCC) requires it! This is a circular process, in fact one that could go
around in ever decreasing circles! Each rule appears to be conditional
upon the other! Obviously those who drafted the rules did not intend this,
but the ITU rule has changed in a way that was not anticipated.

It would seem to me that if two rules each require that a specific
condition must be met only if the other rule requires it, then in fact
that condition does not have to be met.