Dwight Stewart wrote in
:

"Alun Palmer" wrote:

That's the point -those existing regulations
incorporate by reference an international requirement that no longer
exists


I'll try it again, Alun. The new treaty with those changes has to be
ratified before it becomes the law of this land. Until that time, the
only "international requirements" recognized by this country are those
in the treaty this country has already ratified (the one prior to the
recent changes). That treaty requires CW for HF privileges.

To put this another way (and reply more directly to your comments
above),
the "international requirements" for code testing does exist in the
only treaty this country legally recognizes (the one currently
ratified).


Fair comment

Once the new treaty is ratified (the new treaty containing the
changes),
at that point, and only at that point, will the FCC be able to consider
eliminating CW for HF privileges. Remember, however, that the treaty
change does not require the FCC to drop code - the change leaves it up
to each member state to decide for themselves.


True, although it still may be possible to interpret 97.301(e) in such a
way that the no-code Techs have the Novice bands before the FCC changes
any rules. Albeit it is risky for Techs to do that without a declaratory
ruling from the FCC saying that this is the correct interpretation of the
rule.

The FCC may find a way to stop code testing before the new treaty is
ratified, but it is not at all clear if that is even possible (in other
words, don't hold your breath).


Dwight Stewart (W5NET)

http://www.qsl.net/w5net/