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.

There is no statute that requires publication in the FR before a requirement
is effective, only that the regulating agency agree in principal to the new
requirement. Such a statute would obviously be unconstitutional. It is
merely a government formality which cannot be enforced by the courts.


I doubt it. Until it shows in the Federal Registry, the old rules are
still in force. And then the old rules stay alive until 30 days elapses.

Besides, if all someone has are CSCEs, they don't even have a callsign,
so how could they operate?

"robert casey" wrote in message
ink.net...


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.

There is no statute that requires publication in the FR before a
requirement is effective, only that the regulating agency agree in
principal to the new requirement. Such a statute would obviously be
unconstitutional. It is merely a government formality which cannot be
enforced by the courts.


I doubt it. Until it shows in the Federal Registry, the old rules are
still in force. And then the old rules stay alive until 30 days elapses.

Besides, if all someone has are CSCEs, they don't even have a callsign, so
how could they operate?

And those CSCEs will NOT be accepted for processing for the upgrade until
the effective date listed in the Federal Register. So if the CSCE expires
before that effective date, they will have to retest.

Dee, N8UZE

"Dee Flint" wrote in message
news

"robert casey" wrote in message
ink.net...


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.

There is no statute that requires publication in the FR before a
requirement is effective, only that the regulating agency agree in
principal to the new requirement. Such a statute would obviously be
unconstitutional. It is merely a government formality which cannot be
enforced by the courts.


I doubt it. Until it shows in the Federal Registry, the old rules are
still in force. And then the old rules stay alive until 30 days elapses.

Besides, if all someone has are CSCEs, they don't even have a callsign,
so how could they operate?

And those CSCEs will NOT be accepted for processing for the upgrade until
the effective date listed in the Federal Register. So if the CSCE expires
before that effective date, they will have to retest.

Dee, N8UZE

Perhaps but a license upgrade on paper is an administrative exercise subject
to the administrivia that you mention. In this case the bureaucracy may not
(yet)properly reflect the law..

On the other hand, the legality is defined by the adoption and release dates
of the Report and Order that adopts the NPRM. The R&O was released on Dec.
19 but was actually effective on the adoption date of Dec. 15 2006.

Legally, Part 97 does not state that you must be a general class or
technician etc. to transmit on certain bands. It merely states that one must
pass element 2 to transmit SSB on 10m segmets, element 3 to transmit SSB on
other segments etc.

The license itself only reflects what the law requires (this may be an
exception as you point out). The law governs who may transmit where and what
element credits must be obtained before doing so.

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.

Don't feed the troll...

Don't feed the troll...

Don't feed the troll...

ARRRRGHHHHH!!!!

Laws are only words on paper unless we as humans choose to abide by them.
Enforcement occurs when those that choose to live by the laws get tired of
and out number those that don't.

In the mean time, it isn't going to kill anyone to wait the next six to
eight weeks before the implementation date. BTW, it didn't kill me to wait
until 11:01 PM CST December 14, 2006 to operate on the expanded 80m Extra
phone band.

73, de Nate

--

"The optimist proclaims that we live in the best of all possible worlds,
the pessimist fears this is true."

Stefan Wolfe wrote:
Legally, Part 97 does not state that you must be a general class or
technician etc. to transmit on certain bands.

See Section 97.301. Then see below:



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TROLL-O-METER

No 73 for you,
Jeff KH6O


--

On Sat, 06 Jan 2007 06:15:36 +0000, Jeffrey Herman wrote:

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TROLL-O-METER

No 73 for you,
Jeff KH6O

Shouldn't that show S9 +60db?

;-)

- Nate

--

"The optimist proclaims that we live in the best of all possible worlds,
the pessimist fears this is true."

"Nate Bargmann" wrote in message
news
On Sat, 06 Jan 2007 06:15:36 +0000, Jeffrey Herman wrote:

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TROLL-O-METER

No 73 for you,
Jeff KH6O

Shouldn't that show S9 +60db?

more like 60 pounds gud buddy!

" 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?

Jeff

"Jeff" wrote in message
. com...

" 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?

Yes, and as it was pointed out to me, it can (and probably is usually true)
that the effectivity can be conditional on the FR publication if this is
stated in the body of the law, as it was. I continue to be amazed at our
system of laws; legislators make laws without knowing when they will
actually become effective. The actual effectivity dates are delegated to
non-elected bureaucrats who publish a paper. I cannot imagine that some laws
whose effectivity dates can mean the accumulation (or loss) of wealth for
each day publication is delayed or speeded up could have not a corruptive
effect on these nameless people.

A war could be declared but not be put into effect until 30 days after
publication in the Federal Register.

Stefan Wolfe wrote:
legislators make laws without knowing when they will
actually become effective.

Heck, legislators often make ineffective laws.
--
73, Cecil http://www.w5dxp.com