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Old March 12th 05, 02:19 PM
N9OGL
 
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K4YZ wrote:
N9OGL wrote:

WHAT RULE??


Who are you responding to, Toddie? Do you not know how to quote
text of those to whom you are responding?


No, Sometimes the news reading I using will not let me.

What you don't understand is this, As long as the
information bulletin is directed to the amateur radio community
regardless if it's opinionated or news it legal.


A "bulletin" contains information that allows the operators of
other Amateur Radio stations to make informed choices. Those

bulletins
are made up of information that is based on FACTS, not opinion.


Bull, Information is both Facts and opinions, and again the FCC rules
do not state that opinions are not allowed.

As LONG as it is
DIRECTED TO THE AMATEUR RADIO COMMUNITY and deals with AMATEUR

RADIO
ISSUES. Boradcasting is DIRECTED TO THE GENERAL PUBLIC. there's the
difference between broadcasting and information bulletins.


Keep telling yourself that over and over and over, Toddie.


Hey that's what the law states, the only difference between the two is
one is directed to the amateur radio service and the other is directed
to the public.

Lame Vein Baxter in Maine has been telling himself the same

thing
over and over, but he still has federal marshals knock on his door on
occasion. He's dodged the bullet so far, but he can't pass wind
without getting his name in the Federal Register for rules

violations.

The resaon last time I checked they were going after Baxter K1MAN was
because of interference, and not being at the control point. I also
found this from NEWSLINE:

ENFORCEMENT: FCC AGAIN WRITES TO K1MAN

The FCC has again written to Glenn Baxter, K1MAN, and the commissions
note
has both good and bad news for the Belgrade Lakes, Maine radio amateur.
On
the positive side, the April 14th letter informs K1MAN that a review of
his
transmissions indicates that he is complying with the Amateur Service
regulations
regarding broadcasting and bulletins and station control.

The negative? The FCC alleges that K1MAN is in violation of rules
regarding use
of his Amateur station for pecuniary interest and those regarding
deliberate
interference to ongoing communications.

Also, the letter again told Baxter that his "felony affidavit
complaints" will not be
accepted by the regulatory agency. He was also reminded that all
frequencies in
the Amateur Radio Service are shared. No frequency is assigned for the

exclusive use of any station, and that Baxter's station has no
greater rights to a
frequency at any particular time than does any other Amateur station.

http://arnewsline.wb7tjd.org/news1396-2004-05-14.txt

My bulletins are legal, I'm not causing interference, nor am I doing
any "pecuniary intrest", I'm at the control point when my program is
running and my programs are amateur related. The problem is pea brain
bullhead morons like you who can't get over the fact that it's legal.


Get that education you were sparking about, big boy...And if you
ever need a clearance for a federal contract for work, good luck
getting it with a history of federal citations under your belt. Any
company you may work for in the future that requires clearances will
have to ID you to the feds ( as they will anyone connected with any
particular job ). How long do you think they will keep you around

when
a multi-million contract hangs on having a non-acceptable person on

the
payroll?

Is the "N9OGL Show" worth THAT...?!?!

The only
reason they can order a cease and desist order is if you violate

the
law. The only CONTENT the FCC can control is Obscene and Indecent
material. The US Supreme Court in 1969 ruled that a person didn't

have
a First Amendment to uses a radio station without a license,

Upholding
the License system of the FCC. A person who has a license has a

First
Amendment right to use a station, A right given to the licensing

holder
byn the federal governement.


The First Amendment of the Constitution is NOT the enabling
regulation for Amateur Radio, Toddie. The Communications Act of 1934
as ammended is.


Yes and commuication act restricts the FCC powers over censorship

You DO NOT have the "right" to arbitrarily broadcast and say

it's
OK because it's "free speech". Not in a one-way transmission on any
allocation in the Amateur Service, you don't.

Section 326 of the communication act
forbids the FCC from content control except, for obscene and

indecent
material. But back on the issue at hand, If the FCC wanted

Information
Bulletins to be only "news bulletins" the FCC could of narrowed

the
rules down to state that, but they didn't because, it would of

made
it
too narrow and may not hold up constitutional in the courts. As

I've
stated may times before, information is 50% facts and 50% opinion

and
in a FREE SOCIETY we need both.


Propagation data, operating times of DX station, LEGITIMATE

Morse
Code practice or knowing if a "communications emergency" exists on

any
given frequency or band has absolutely NOTHING to do with "opinion",
Toddie.


The rules state (from the ARRL Website)look at (b)(6)

97.111 Authorized transmissions.
(a) An amateur station may transmit the following types of two-way
communications:


(1) Transmissions necessary to exchange messages with other stations in
the amateur service, except those in any country whose administration
has given notice that it objects to such communications. The FCC will
issue public notices of current arrangements for international
communications;
(2) Transmissions necessary to exchange messages with a station in
another FCC-regulated service while providing emergency communications;


(3) Transmissions necessary to exchange messages with a United States
government station, necessary to providing communications in RACES; and


(4) Transmissions necessary to exchange messages with a station in a
service not regulated by the FCC, but authorized by the FCC to
communicate with amateur stations. An amateur station may exchange
messages with a participating United States military station during an
Armed Forces Day Communications Test.

(b) In addition to one-way transmissions specifically authorized
elsewhere in this Part, an amateur station may transmit the following
types of one-way communications:


(1) Brief transmissions necessary to make adjustments to the station;
(2) Brief transmissions necessary to establishing two-way
communications with other stations;

(3) Telecommand;

(4) Transmissions necessary to providing emergency communications;

(5) Transmissions necessary to assisting persons learning, or improving
proficiency in, the international Morse code;

(6) Transmissions necessary to disseminate information bulletins;

(7) Transmissions of telemetry.


again Nowhere in (b)(6) does it state that a information bulletin is a
"news bulletin" nor in the definitions (see below) does it state that
information bulletins are "news bulletins"

=A797.3 Definitions.

(25) Information bulletin. A message directed only to amateur operators
consisting solely of subject matter of direct interest to the amateur
service

Todd N9OGL
FREE SPEECH AVOCATE


"Todd, N9OGL, Free Speech Abuser"

You're an idiot, Todd, but it's correctable. At least if you act
soon.
=20
Steve, K4YZ