View Single Post
  #34   Report Post  
Old August 6th 05, 12:52 PM
N9OGL
 
Posts: n/a
Default

Some of the points to my petition:

1. This petition is neither for nor against K1MAN renewal, instead it
is being sent to the commission for the purpose of the FCC to answer a
few questions. These question mostly circle around the recent NAL given
to K1MAN.

2. INTERFERENCE: The question of why the FCC seems to be going only
after K1MAN when W1AW has also been reported to have cause
interference. It seems funny that since 1987 the FCC has repeatedly
sent warning letters and NAL's to K1MAN and not W1AW, who has been
reported to begin transmitting over ongoing communications. It is also
rather funny that amateur's, even the ones that W1AW has transmitted
over, seem to target only K1MAN.

3. PECUNIARY INTEREST: Amateur radio is a non-commercial service and
according to the rules and regulations amateur radio stations cannot
have pecuniary interest either direct or indirect. The first of the
questions is why does the FCC have a double standard or definition to
the term non-commercial? Non-commercial under the general rule is a
station that can't make a profit; instead a station can make money, to
sustain the station. Non-commercial FM and AM radio station due it
through viewer support and non-commercial point to point services do it
through state and federal funds ALL other service are able to get funds
to run their stations either commercial and non-commercial. The second
is direct or indirect rule. K1MAN on his Information bulletin
advertised his website which had commercial goods on it (DIRECT) while
when some one listens to W1AW, like a short-wave listener, or a future
ham operator they would get on the Internet and do a search for W1AW,
which in term would lead them to the ARRL site, site, which also has
goods for sale (INDIRECT). So the question is why is the FCC going
after the ARRL for their indirect sale of goods? It seems that the FCC
has a double standard when it comes to who can bend the rules and who
can't. Which leads to the finally question, Does announcing your
website on the radio (even if it to some guys your talking too) and it
has commercial advertisement on it really constitute pecuniary
interest? And again if so then why is the ARRL allowed to sale products
on their website.

4. Broadcasting: Under the FCC rules governing amateur radio, ham
operators are not allowed to broadcast, however under 97.3(a)(25) and
97.111(b)(6) amateur can run Information bulletins. The questions are
where does the line between Information bulletin end and broadcasting
begin? Many amateurs believe that an Information bulletin is to be a
newscast and is not allowed to opinionated. Which raises the second and
third question, where in the amateur rules does it state an information
bulletin cannot be opinionated? Third does these "non-opinionated
rules" allowed under the "non-content based rules" (the Courts has
ruled repeatedly that the FCC rules must be content-neutral) or Under
Section 326 of the Communication Act of 1934 as amended, (prohibits the
FCC from control the content of station except for obscene and indecent
material) or the First Amendment