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"Alun Palmer" wrote in message
... Dwight Stewart wrote in : "Alun Palmer" wrote: s97.301(e) reads: For a station having a control operator who has been granted an operator license of Novice Class or Technician Class and who has received credit for proficiency in telegraphy in accordance with the international requirements. (followed by frequency table) The 'international requirements' (ITU-R s25.5) now read: (snip) The "international requirements" have to ratified, and FCC rules changed, before any content of those "international requirements" become the law of this land. Until that happens, your license is dependant on existing FCC rules and regulations. The courts will enforce those existing regulations, not some possible future change in them. Further, the changes in the "international requirements" do not eliminate code testing - it simply leaves it up to individual governments to keep or end testing. If the US decides not to end testing, there will be no change in our laws for the courts to even consider in your defense. Dwight Stewart (W5NET) http://www.qsl.net/w5net/ To be fair though, I am playing devil's advocate to some extent. I don't want to get Techs in trouble. What I'm saying is that there is now at least an arguable interpretation of the _existing_ regulations that would allow no-code Techs on the Novice bands now. The key words in FCC s.97.301(e) are "Technician Class and who has received credit for proficiency in telegraphy in accordance with the international requirements". The current wording of ITU s25.5 (supra) does not _require_ anyone to pass a code test unless the administration says so, ergo it is _not_ a _requirement_ , international or otherwise. The FCC rule does not stop after "has received credit for proficiency in telegraphy". If it did it would be unambiguous. If we give any weight to the next part of the sentence "in accordance with the international requirements", we are forced to take into account the fact that the international regulations do not require "proficiency in telegraphy' any longer, as of July 5th inst. If this means anything, it ought to mean that since there is no longer an international requirement for proficiency in telegraphy, then the rule should be interpreted to apply simply to "Technician Class" operators without further qualification. OTOH, relying on this argument is risky! Risky, yes, but only because one would not wish to be the acid test for whether the argument would work or not in a court of law. But the argument you present above is very interesting and I'd find it very interesting to see presented and debated in a court of law... Kim W5TIT --- Posted via news://freenews.netfront.net Complaints to |
#2
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Kim W5TIT wrote:
Risky, yes, but only because one would not wish to be the acid test for whether the argument would work or not in a court of law. But the argument you present above is very interesting and I'd find it very interesting to see presented and debated in a court of law... Personally I *encourage* all those who think that they now have HF privileges to hop on and start using what they think they have.. Let enough people know, and we (or you yourselves, since you're so sure) can make recordings of your activity, then ship 'em off to Riley and get his interpretation of the matter! Have the courage of your convictions folks? - Mike KB3EIA - |
#3
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"Mike Coslo" wrote in message
... Kim W5TIT wrote: Risky, yes, but only because one would not wish to be the acid test for whether the argument would work or not in a court of law. But the argument you present above is very interesting and I'd find it very interesting to see presented and debated in a court of law... Personally I *encourage* all those who think that they now have HF privileges to hop on and start using what they think they have.. Let enough people know, and we (or you yourselves, since you're so sure) can make recordings of your activity, then ship 'em off to Riley and get his interpretation of the matter! Have the courage of your convictions folks? - Mike KB3EIA - heh heh. I doubt it, Mike--but they'd be the ones to test the whole debate, eh? Kim W5TIT --- Posted via news://freenews.netfront.net Complaints to |
#4
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Kim W5TIT wrote:
"Mike Coslo" wrote in message ... Kim W5TIT wrote: Risky, yes, but only because one would not wish to be the acid test for whether the argument would work or not in a court of law. But the argument you present above is very interesting and I'd find it very interesting to see presented and debated in a court of law... Personally I *encourage* all those who think that they now have HF privileges to hop on and start using what they think they have.. Let enough people know, and we (or you yourselves, since you're so sure) can make recordings of your activity, then ship 'em off to Riley and get his interpretation of the matter! Have the courage of your convictions folks? - Mike KB3EIA - heh heh. I doubt it, Mike--but they'd be the ones to test the whole debate, eh? I wish they would test the system so much! There is so much more to "rules" han just a verbatim translation. There is intent, and spirit. Since there is always someone who likes to put a spin on the rules, ther has to be constant interpretation of the same. - Mike KB3EIA - |
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