"Phil Kane" wrote in
.net:

On 26 Jul 2003 04:49:22 GMT, Alun Palmer wrote:

OK Phil, read 97.301(e) and let us know how you understand it, parsing
each part carefully.

OK - I presume that you mean the following text, not the frequency
table:

(e) For a station having a control operator who has been
granted an operator license of Novice Class or Technician Class

This is self-explanatory.

and who has received credit for proficiency in telegraphy in
accordance with the international requirements.

The key to this discussion is, or course, "what are the
international requirements".

Agreed


Up until the 2003 revision of S25.5 of the IRR, each Administration
was required to determine the proficiency of each applicant for a
license valid for operation below 30 MHz. In the US, this was done
by requiring the applicant to pass Element 1.

Upon the 2003 revision of S25.5 of the IRR, the requirement to
determine proficiency was made optional for each Administration.

That is the only change in the "international requirement" - each
Administration can now decide by its own rules/regulations whether
to require a code test. The code test is no longer mandatory for
each Administration. Each Administration's requirement for code
testing has not been automatically "dropped" or "eliminated" solely
by the revision of S25.5.


So far, so good

Until the FCC changes the rules concering Element 1, the
requirement in the US remains that Element 1 must be passed.


That's not what 301(e) says, though, is it?

The problem I have in your analysis is that 301(e) itself is one of the
rules concerning element 1. It mentions Element 1 per se nowhere, but
there is no other rule tying Technician HF privileges to Element 1.

This last statement of yours is indisputable re the General and Extra, in
that Element 1 is still required to obtain those licences. However, there
is nowhere in Part 97 any statement that a Technician needs Element 1 for
anything, instead there is only the wording in 97.301(e).

The question of -when- and -how- the FCC Rules will be changed is a
separate item from -what- the rule requirement is up until they
-are- changed.

Agreed

Ditto for how the FCC will handle the issue of
giving -what- privileges to folks who hold a Technician license
but have never passed the code test.

Does that answer your question?

--
73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

From a Clearing in the Silicon Forest
Beaverton (Washington County) Oregon




Not really. The question comes down to the meaning of "and who has
received credit for proficiency in telegraphy in accordance with the
international requirements". If there is no international requirement to
have "received credit for proficiency in telegraphy" for access to any
frequency, then a person who has not "received credit for proficiency in
telegraphy" is "in accordance with the international requirements" if they
operate on those frequencies.

Can we deem that a Tech who has not "received credit for proficiency in
telegraphy" has nevertheless "received credit for proficiency in
accordance with the international requirements", i.e. is "in accordance
with the international requirements"?

Granted that s25.5 as revised allows each administration to determine
whether a code test is required. That being the case, the FCC does so in
respect of Tech HF operation only through 97.301(e) and in no other rule.
If that rule is conditional upon a code test being required by
international requirements, then there is nothing therein indicating that
the FCC chooses to require a code test for that particular purpose.

To cut a long story short, the argument rests upon whether "in accordance
with international requirements" is a necessary condition in the sentence.
If it is, then no-code Techs have the Novice HF frequencies*, and if not,
then they will have to wait. This is really what I am seeking comment on,
although all other observations are welcome.

*(Although possibly not until after ratification of the new treaty)