RadioBanter - View Single Post - Scorecard on WT Docket 05-235

November 7th 05, 03:24 AM

On 6 Nov 2005 19:22:50 -0800, wrote:

Bill Sohl wrote:
wrote in message
ups.com...
The trend is and has been towards ending code.

Ending code or code *testing*?
cut

the FCC did retain code for
Extra, then the American Disabilities Act (ADA) will
surely be raised by someone who need only point
to the use of waivers previously and no court in
this country would rule against such a clain.

IANAL, but was ADA ever successfully cited before
against an FCC decision? An amateur license isn't
a right - only access to the tests for one is.

ADA wasn't needed because the FCC had already
provided a waiver process.

Did code waivers come first, or ADA?

does not matter

the ADA is here now

Waivers of any kind are a real quagmire because they
say the waivered test isn't really necessary for the
license. What's to prevent someone for demanding a
waiver of the Extra *written* test?

Anyone can demand anything.

Of course.

But there's as much reason to use ADA against the
Extra written as their is to use it against an "Extras
only" code test.

no there is not

you simply don't understand the ADA

On your first statement
regarding waivers being a quagmire...I agree and
that's exactly why the FCC isn't going to retain
any code testing.

Probably right!

That's a path that FCC just won't go down.

Probably not.

PLEASE explain on what legal or rational basis the
FCC could argue to avoid a waiver policy if code
was only retained for Extra.

Several:

First off, I don't think ADA has ever been successfully
cited against FCC regulations

So? It hasn't been needed on any FCC basis yet.

Or maybe it doesn't apply.

it would apply the same to the FCC as the rest of the govt
enough
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