|
FCC and the Federal register
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 |
GO AHEAD, you can transmit voice SSB NOW!
Stefan Wolfe wrote:
... So, tell me how is there a "possibility" that amateur radio will change significantly when the impact of no code testing is obviously so small? Simple, take for example einstein, tesla, hawkins, they would only need to pass the written and learn no new pseudo-musical skills/talents like morse ... .... who knows, perhaps if einstein were still alive he might even bother getting a license now! JS |
GO AHEAD, you can transmit voice SSB NOW!
Cecil Moore wrote:
Stefan Wolfe wrote: legislators make laws without knowing when they will actually become effective. Heck, legislators often make ineffective laws. We now have a USA Congress that was elected on an anti-Iraq war platform. Yesterday the key Democrats made the evening news in stating that they won't vote to cut off $$$ for the war. But, they will provide a non-binding resolution that the 'Sense of Congress' disapproves of the war. Heck, we knew that before the fools got sworn in! If you're against the war, vote against paying for the war!! [become responsible .... not a wishy washy dish-rag!] AKA Put up or shut up! /s/ DD, W1MCE |
FCC and the Federal register
wrote in message ups.com... t some folks either didn't read or didn't understand the test of the Report and Order. Well, I did understand the Morse test but I confess that I never did understand the test of the Report and Order. :-)) |
GO AHEAD, you can transmit voice SSB NOW!
"John Smith I" wrote in message ... Stefan Wolfe wrote: ... So, tell me how is there a "possibility" that amateur radio will change significantly when the impact of no code testing is obviously so small? Simple, take for example einstein, tesla, hawkins, they would only need to pass the written and learn no new pseudo-musical skills/talents like morse ... I notice that you keep saying "hawkins". You are referring to Steven Hawking, correct? |
FCC and the Federal register
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. 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). 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. 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. Sooner or later all the wheels will turn! Agreed ... 73, Carl - wk3c |
FCC and the Federal register
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. 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. indeed it is normal I am just hoping that we will not soon start see ProCode insisting well maybe trhey changed their mind 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. Sooner or later all the wheels will turn! Agreed ... and they grind slowly and frankly they grind slower for me than you and Jim , Carl I am one of the few people in point of fact diretly affected by them 73, Carl - wk3c |
FCC and the Federal register
"an_old_friend" wrote in message ps.com... 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. 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. indeed it is normal I am just hoping that we will not soon start see ProCode insisting well maybe trhey changed their mind 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. Sooner or later all the wheels will turn! Agreed ... and they grind slowly and frankly they grind slower for me than you and Jim , Carl I am one of the few people in point of fact diretly affected by them Mark, I think they just don't want you on HF. What do you think? Posted Via Usenet.com Premium Usenet Newsgroup Services ---------------------------------------------------------- ** SPEED ** RETENTION ** COMPLETION ** ANONYMITY ** ---------------------------------------------------------- http://www.usenet.com |
FCC and the Federal register
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 |
| All times are GMT +1. The time now is 04:15 PM. |
Powered by vBulletin® Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.
RadioBanter.com