Carl R. Stevenson wrote:
wrote in message
ups.com...
The basic problem is that some folks either didn't read or didn't
understand the test of the Report and Order.

I believe Jim meant "text" not "test" above - an easy typo to make.

Yep!

FCC 06-178

can be downloaded from:

http://hraunfoss.fcc.gov/edocs_publi...C-06-178A1.pdf

in PDF

On Sheet 17 (of 41) it says:

"VI. ORDERING CLAUSES

.......

40. IT IS FURTHER ORDERED that Part 97 of the Commission's Rules IS
AMENDED as specified in Appendix A, effective [30 days after
publication in the
Federal Register]."

There's no need of any external law tying FCC action to the Federal
Register, because
the FCC did that as part of the R&O itself, rather than specifying an
effective date.

There is an "external law" which ties all federal agency rulemakings to the
Federal Register.

It's called the Administrative Procedures Act and it's Title 5 USC, Chapter
5, sections 511-599.

The Administrative Procedure Act (APA) is the law under which some 55 U.S.
government federal regulatory agencies like the FDA and EPA (and FCC)
create the rules and regulations necessary to implement and enforce major
legislative acts such as the Food Drug and Cosmetic Act, Clean Air Act or
Occupational Health and Safety Act (and the Communications Act, as
ammended).

I did not know that! Thanks Carl!

It makes perfect sense that there would be legislation requiring the
publication of routine new rules in the Federal Register before they
become effective.

AFAIK, it's done this way to avoid conflicts. The R&O is effectively
"out there" for anyone to
look at, but if there were some sort of conflict with another govt.
agency, etc., or a mistake in the R&O, FCC could take action before
the effective date, and/or hold up implementation by not
publishing. That's extremely doubtful in this case - the delay in
getting the R&O published
is almost certainly simple bureaucratic procedure.

I'm sure that the delay (not abnormal at all) in publishing in the FR is
just that - the bureaucracy.

Agreed.

Also, after having made a couple of obvious typos and contradictions in
the "omnibus" R&O, FCC might be taking extra measures to be sure that
sort of thing isn't in this one.

Not all FCC actions go through that procedure. Emergency declarations
are one example - they're usually effective immediately.

True - but the APA requires that there be very good reasons for not giving
the citizenry due and reasonable notice before new regulations take effect.

Those emergency declarations are the exceptions that prove the rule
IMHO.

Sooner or later all the wheels will turn!

Agreed ...

Next Tuesday at the soonest.

73 de Jim, N2EY