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.

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:



0 2 4 6 8 10
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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:

0 2 4 6 8 10
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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."

" 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.