"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.