Jeff wrote:
" However, actual statute law trumps bureaucracy. The Federal Register
merely
records laws that have already been enacted. The Constitution was in
effect prior to the existence of a FR and nowhere is the FR mentioned in
today's constitution.

True, but is there some other piece of Statute Law that states that
legislation cannot come into force until it has been promulgated in the
Federal Register?

No - but there doesn't have to be.

The basic problem is that some folks either didn't read or didn't
understand
the test of the Report and Order.


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.

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.

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

Sooner or later all the wheels will turn!

73 de Jim, N2EY

Stefan Wolfe wrote:

wrote in message
ups.com...

One item from FCC in today's Federal Register (Vol 72, Number 2)

It's not the Report and Order, though.


NO NEED for a report and order on the fr.

Since the FC already publically announced the acceptance of no code, that
effectively permits anyone with a CSCE for general or technician class
element 2 CSCE or license to use HF SSB NOW in the permitted frequencies.

SNIPPED

100% WRONG!!!!!!!!!!!

Any law or regulation in the USA becomes effective ONLY after it is PROMULGATED!!

For laws and regulations at the Federal Level that PROMULGATION only occurs in
the Federal Register.

Operate prior to that date at your peril.

/s/ DD, W1MCE