"D. Stussy" wrote in message
. org...
On Fri, 25 Jul 2003, Keith wrote:
On Fri, 25 Jul 2003 21:56:50 GMT, "Dee D. Flint"
wrote:
While not a violation of the international treaty, it would be a
violation
of the current FCC rules. They are quite clear that Techs (at this
time)
must have passed a code test to use HF.
NO! This is what the rules say:
s97.301(e) reads:
For a station having a control operator who has been
granted an operator license of Novice Class or Technician
Class and who has received credit for proficiency in
telegraphy in accordance with the international requirements.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^^^^^^
(followed by frequency table)
Now we have the new regs from WRC that are NOW in effect. They require
no morse
code test except set down by the administration so a tech licensee
should be in
compliance with the requirement set down in 97.301(e) There is no
requirement
for morse code test except for the requirement by the international
morse code
requirements.
Actually, this could be read in another way:
Since there is no international requirement that one can be in accordance
with,
then the regulation is no longer operative at all and that means that
novice
licensees and technician licensees with code credit have NO privileges
below 30
MHz at all! :-(
International agreement has killed the "coded technician" license and has
made
it indistinguishable (in operating privilege) from the "no-code
technician"
license. ;-)
The 'international requirements' (ITU-R s25.5) now read:
Administrations shall determine whether or not a person seeking a
licence
to operate an amateur station shall demonstrate the ability to send
and
receive texts in Morse code signals.
The ARRL tried to pull a fast one, but the way the FCC rules are
written it
appears that it doesn't hold water with current regulations as set down
by the
FCC.
Don't worry I'm going to get real legal advice on this.
1. FCC requires compliance with international morse code regulation.
What regulation? ;-)
2. The international morse code regulation is changed to something
completely
different and no longer has any morse code proficiency requirement
except what
the administration of that country requires.
Then is it still an "international morse code regulation?"
3. The FCC, the administration of the USA, only requires the tech
licensee to
comply with the morse code proficiency requirements required by
international
requirements.
Of which there is no such thing, so there is no longer a "technician"
license
that has any privilege below 30MHz.
4. The international requirements have no requirement to know morse
code.
This could be a legal loop hole.
But not the one you think! 2x :-)
See?! I knew the argument would get very interesting! I wonder if it will
ever get debated in a court of law...man that would be good!
Kim W5TIT
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