On Wed, 30 Jul 2003, Brian Kelly wrote:
"D. Stussy" wrote in message .org...
On Tue, 29 Jul 2003, Brian Kelly wrote:

False circular logic.

Amazing.

Welcome to the kinds of thinking which will "take ham radio into the
21st Century". I just cain't frigging wait . . .

If you're so smart, then indicate exactly what proof is acceptable for the
"international requirement" cited in 47 CFR 97.301(e). Obviously, you will
have to also IDENTIFY that requirement to demonstrate the acceptability of the
proof....

97.301(e): "For a station having a control operator who has been
granted an operator license of Novice Class or Technician Class *AND*
who has recieved credit for proficiency in telegraphy in accordance
with international requirements."

The FCC sets the license requirements and grants the licenses and the
FCC *STILL* requires a a 5wpm code test for HF access specific class
of license completely aside. Yes? Of course. That's U.S federal law
until such times as the FCC changes the regs regarding Element 1.
Which they have not done.

If that were true, then where is the requirement to have "element 1 credit" in
47 CFR 97.301(e)? I don't see it anywhere in the text!

PS: "Law" usually refers to STATUTE, not agency regulation. The procedures
for the creation of each are quite different.

The "AND" in 97.301(e) is *not* translatable into an "OR"which is what
you're obviously trying to twist it into to suit your own agenda.

You couldn't be more wrong! I have not attempted to twist this into an "OR."
The originator of the thread, who professed that no-code technicians can now
operate HF, is the one who needs this to be an "OR." I clearly have argued
that "AND" means "AND" - i.e. BOTH conditions cited are necessary to be met.
What I have said is that the second condition is now IMPOSSIBLE TO MEET as it
is currently stated, and thus Technicians and Novices LOST THEIR HF PRIVILEGES.

It's a brick wall. If ya don't meet the current existing FCC
requirements for passing the Element 1 test the rest of 97.301(e) is
automatically rendered completely moot PERIOD.

Element 1 credit is NOT a requirement for 47 CFR 97.301(e). Compliance with
the non-existent international regulation is.

No rocket science required, just takes a bit common sense.

Which you seem to lack, since you are substituting one requirement for another,
but there's no provision elsewhere in the regulations to do so.