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.

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.

The FCC did not publish an effective date nor did they choose to publish one
in the federal register. That means you can transmit SSB voice at this very
moment.

Go ahead element 2 or 3 CSCE'S or tech license holders, you can transmit
NOW! I look forward to seeing you on the bands (though I do spend a lot of
time in the CW portions).

"Stefan Wolfe" wrote in message
...

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.

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.

The FCC did not publish an effective date nor did they choose to publish
one in the federal register. That means you can transmit SSB voice at this
very moment.

Go ahead element 2 or 3 CSCE'S or tech license holders, you can transmit
NOW! I look forward to seeing you on the bands (though I do spend a lot of
time in the CW portions).


Here is the text: The R&O is ALREADY adopted;

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

Amendment of Part 97 of the Commission's Rules

To Implement WRC-03 Regulations Applicable to Requirements for
Operator Licenses in the Amateur Radio Service









Amendment of the Commission's Rules Governing the Amateur Radio
Services
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WT Docket No. 05-235

RM-10781, RM-10782, RM-10783,

RM-10784, RM-10785, RM-10786,

RM-10787, RM-10805, RM-10806,

RM-10807, RM-10808, RM-10809,

RM-10810, RM-10811, RM-10867,

RM-10868, RM-10869, RM-10870

WT Docket No. 04-140


REPORT AND ORDER AND ORDER ON RECONSIDERATION

------------- Adopted------------------- : December 15, 2006 Released:
December 19, 2006

By the Commission:



And,



Generally, the NPRM proposed to eliminate the requirement that an individual
must pass an international Morse code telegraphy examination in order to
qualify for any amateur radio operator license.

As discussed below, -----------------this R&O implements------------------
the proposals set forth in the NPRM. Specifically, we will amend our Amateur
Radio Service rules by:

.. revising the examination requirements for obtaining a General Class or
Amateur Extra Class amateur radio operator license; and

.. revising the operating privileges for Technician Class licensees to
include the operating privileges that are authorized to Novice Class
licensees.



So go ahead and transmit!

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.

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

Jim's caution below is accurate.

Until the effective date of the new rules, you can't upgrade to General or
Extra without credit for Element 1.

AFTER the effective date you CAN upgrade to General or Extra without having
passed Element 1.

HOWEVER, you MUST upgrade by either presenting valid, unexpired CSCEs for
the written elements for the class of license at a VE session (and pay the
fee ...) OR take and pass the required written elements (and, again, pay the
fee ...) at a VE session.

Please do NOT operate beyond your license privileges.

73,
Carl - wk3c

"Jim Higgins" wrote in message
...
On Thu, 4 Jan 2007 19:32:30 -0500, "Stefan Wolfe"
wrote:


wrote in message
roups.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.

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.

The FCC did not publish an effective date nor did they choose to publish
one
in the federal register. That means you can transmit SSB voice at this
very
moment.

Go ahead element 2 or 3 CSCE'S or tech license holders, you can transmit
NOW! I look forward to seeing you on the bands (though I do spend a lot of
time in the CW portions).


Do not be fooled by the above info into operating illegally.

You can transmit SSB voice once the CW requirement is officially
dropped - which will be at the time the R&O is published in the
federal register - probably some time in late January or more likely
February - ***PROVIDED*** you have used that CSCE to file for a
license upgrade... which you cannot do until the R&O is in the Federal
Register because passing a code test is a requirement until then. If
the CSCE expires you can legally apply it to an upgrade and actually
do apply it, then you must retest.

If you're just walking around with that CSCE in your pocket after the
R&O is published without filing it with the FCC for an upgrade and
you're using HF SSB privileges you are operating illegally.

Carl R. Stevenson wrote:
Jim's caution below is accurate.

Until the effective date of the new rules, you can't upgrade to General or
Extra without credit for Element 1.

AFTER the effective date you CAN upgrade to General or Extra without having
passed Element 1.

HOWEVER, you MUST upgrade by either presenting valid, unexpired CSCEs for
the written elements for the class of license at a VE session (and pay the
fee ...) OR take and pass the required written elements (and, again, pay the
fee ...) at a VE session.

Please do NOT operate beyond your license privileges.


Most Definitely!


Hi Carl - Haven't heard from you for quite a while. Hope all is going well.

Someone keeps posting this kind of stuff, I can only imagine that they
want to scam people into illegal operation, then hoping they get caught?
It's a funny world we live in.

Despite my personal preferences for some sort of Element one testing,
(heck, I would prefer shrimp, steak and and lobster every evening too) I
am kind of excited that there will be a crop of amateurs, new to HF,
that will need a good deal of Elmering. Lots of exciting stuff to learn
and pass on.

And rule number one is what you stated above - keep within the privileges.


- 73 de Mike KB3EIA -

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."

"Michael Coslo" wrote in message
...
I
am kind of excited that there will be a crop of amateurs, new to HF, that
will need a good deal of Elmering. Lots of exciting stuff to learn and
pass on.

And rule number one is what you stated above - keep within the privileges.

Mike, forgive me for being blunt but you are in fantasy land.

It didn't happen when we reduced from 13 wpm to 5 wpm. What makes you think
that reducing from 5 wpm to 0 will have any effect?

I too have said I was waiting for the long promised injection of scientific
RF talent and youth into the service but I was merely being cynical because
it was a false promise 10 years ago and its non-fulfillment in coming years
will prove that the premise was false; it was merely used as a talking point
to support no-code and the FCC bought off on it.

Of course, and as is the case for so many political matters, truth is not
really that important and there is no accountability for these false
promises except by pests like me who will use every opportunity to remind us
of them.