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  #21   Report Post  
Old November 23rd 04, 06:07 PM
 
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On Tue, 23 Nov 2004 06:13:03 GMT, Robert Casey
wrote:


At least the FCC did do something about club calls. They took 42 of
them away from a JA few years back :-) But for some strange reason,
they let him keep his primary station license, a W9 extra class U.S.
call.

73, Jim KH2D


Maybe they should get calls like WJ#XXX, or KJ#XXX...
If the FCC decides that it's proper for foriegners to
get American ham licenses.....


Or maybe they should just operate as JA1xxx/W7, which they are
entitled to do with NO paperwork required. You're missing the point.

If somebody from outside the U.S. lives in U.S., and wants to get
a U.S. call, very few people would have a problem with that. I
sure don't have a problem with that.

The problem is the use of bogus addresses by people who have
never set foot in the U.S. to get U.S. licenses.

The FCC a long time ago decided it was proper for non U.S. citizens
in the U.S. to get U.S. licenses, they removed the citizenship
requierment years ago. I doubt they ever intended for the JA ham
club in Tokyo to get a P.O. Box in California so they could get a
thousand U.S. licenses as souvenirs.....

And the other problem is with V.E. tests that are administered
outside of the U.S. by foreign nationals. Yes, there should be U.S.
amateur radio tests available in Japan - at the U.S. embassy so
that U.S. citizens and U.S. military personel could take them - but
not at the sushi bar administered by three JA's who have U.S.
souvenir call signs. And there should not be U.S. license exams
at a hamfest in the Philippines so that anybody who wants a U.S.
license can buy one.

Why can't I take a test for a Japanese ham license in Florida ?

73, Jim KH2D


  #23   Report Post  
Old November 23rd 04, 06:31 PM
 
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On Tue, 23 Nov 2004 09:01:42 +0000, Walt Davidson
wrote:

It would solve a lot of the problems if KH2's had to trade in their
callsigns in exchange for a W4 when they went to live in Florida!
:-))))

73 de G3NYY


Used to be if I lived in Maryland, and I moved to Florida, I had to
give up my 3 call for a new 4 call that the FCC computer spit out for
me.

Used to be that if you lived in the 4th call district, you couldn't
get a vanity call with any number but 4 in it, but now you can.

We don't do that anymore. Paperwork reduction act, Walter.
No more W4 extra calls left. The guys in California got them all :-)

FCC is too busy issuing licenses to JA's :-)

Personally, I think the FCC should charge $100 a year for a license,
which would give them an extra $70 million a year to administer the
system properly.

73, Jim KH2D


  #25   Report Post  
Old November 23rd 04, 07:46 PM
Phil Kane
 
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On 23 Nov 2004 13:07:17 GMT, Alun wrote:

Arguably, the equal protection clause of the 14th amendment only applies to
the states, but there are cases invoking the due process clause of the 5th
amendment, which is applicable to the federal government.


Do not forget that holding an amateur license does not convey any
civil rights - _Howard v City of Burlingame_

I beleive there was a Puerto Rican case in federal district court that
relied on either the 5th or the 14th in the alternative, allowing aliens to
become registered as professional engineers. I don't have the citation for
that one.

This is a little way off Phil Kane's speciality of communications law,


Not really. I am also a Registered Professional Engineer (by exam,
not waiver) and I have to keep up with such things.

although no doubt the FCC can't discriminate against aliens. Maybe Phil
knows of some case law regarding aliens and the FCC?


We all know that an alien can unilaterally cause a change in FCC
rules without a public hearing - JY1 and the Medical Code Waiver.

Seriously, about 20 years ago The Congress amended Section 318 of
the Comm Act - the section that required US citizenship to be
allowed to hold an operator license. This was part of the Ronald
Reagan privitization move to enable non-citizens to seek employment
as radio broadcast DJs which at that time required a Radiotelephone
Third Class Permit (or better). The citizenship requirement for an
amateur operator license was swept away at the same time.

I am not a lawyer, just an alien.


I hope not as bad as some of the space-aliens who post here...

--
73 de K2ASP - Phil Kane




  #26   Report Post  
Old November 23rd 04, 11:40 PM
Dee D. Flint
 
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wrote in message
.. .
On Tue, 23 Nov 2004 09:01:42 +0000, Walt Davidson
wrote:

It would solve a lot of the problems if KH2's had to trade in their
callsigns in exchange for a W4 when they went to live in Florida!
:-))))

73 de G3NYY


Used to be if I lived in Maryland, and I moved to Florida, I had to
give up my 3 call for a new 4 call that the FCC computer spit out for
me.

Used to be that if you lived in the 4th call district, you couldn't
get a vanity call with any number but 4 in it, but now you can.

We don't do that anymore. Paperwork reduction act, Walter.
No more W4 extra calls left. The guys in California got them all :-)


The 4 land Extra calls other than the 2x2 beginning with A disappeared 10
years ago. That's before the vanity system even went into effect. So you
can't blame California! ( Yes I saw the :-) )

Dee D. Flint, N8UZE

  #28   Report Post  
Old November 24th 04, 01:09 AM
Alun
 
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(Steve Robeson K4YZ) wrote in
:

Subject: Get your Trophy US Extra Callsign (A KH0x call would be
nice!) From: Alun

Date: 11/23/2004 7:07 AM Central Standard Time
Message-id:

(William) wrote in
. com:

(Steve Robeson K4YZ) wrote in message
...
Subject: Get your Trophy US Extra Callsign (A KH0x call would
be nice!) From: Robert Casey

Date: 11/23/2004 12:13 AM Central Standard Time
Message-id: .net


At least the FCC did do something about club calls. They took 42
of them away from a JA few years back :-) But for some strange
reason, they let him keep his primary station license, a W9 extra
class U.S. call.

73, Jim KH2D


Maybe they should get calls like WJ#XXX, or KJ#XXX...
If the FCC decides that it's proper for foriegners to get American
ham licenses.....

Perhaps you'd consider a Constitutional Amendment that
restricts US rights
and privileges to US citizens or persons legally landed here.

The FCC has already decided that it's proper for foreign
nationals to have
US license if they complete the prerequisites for that license and
exercise it within the parameters of Part 97.
Citizenship is not one of them.

Specific callsigns would be discriminatory under present US
interpretations of the Constitution.

73

Steve, K4YZ


Inneresting. Steve has pushed Phil Kane aside as our resident
communications attorney.

"You miss the point, Steve. The purpose of r.r.a.p. is no longer
discussion of policy, or learning something, or study of
communications theory.

The purpose is to FIGHT and to denegrate the dignity of all who do
not agree with you! Any other post is off topic and is not welcome
here.

Get with the program. No one is "mistaken" or "partially correct" on
r.r.a.p. They either 100% totally agree with you, or they are "a
lying, scum sucking, bottom feeding no-code beeper." There is no in
between, and there must be at least one of each in every conversation
here. Anything which resembles a rational exchange of ideas and
useful information will either be ignored, or some enterprising
induhvidual will hijack the thread and turn it into an argument about
Morse. No other "Policy" conversation is allowed to survive
unmolested.

72, de Hans, K0HB"


Steve is right, though.


Thanks, Alun. Not a single word about the use of Morse Code in
any of the
original posts, yet PuppetBoy cites one of Hans' trolls responses
arguing about hijacking a thread about Morse Code use.

He wonders why I call him an idiot.

Discrimination against resident aliens has been prohibited since Yick
Wo v Hopkins, which relied on the equal protection clause of the 14th
amendment.


"Yick Wo"...?!?!


One of the Chinamen charged with running a wooden laundry in downtown SF.
His case was actually joined with someone else's. Can't remember the other
name, a Chinese one, obviously. Hopkins was probably the mayor, or someone
like that.


This is a little way off Phil Kane's speciality of communications law,
although no doubt the FCC can't discriminate against aliens. Maybe Phil
knows of some case law regarding aliens and the FCC?

I am not a lawyer, just an alien.


Alf would be proud! (J/K ! ! !)

Alf's "host" was a Ham, BTW!

73

Steve, K4YZ







I once saw a plaque with a picture of Alf and the caption "Never
underestimate the power of an alien". It was designed to go on a desk. I
always kicked myself for not buying it. I didn't know about the link
between Alf and ham radio. The show was on when I first moved to this
country.
  #29   Report Post  
Old November 24th 04, 01:27 AM
Alun
 
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"Phil Kane" wrote in
et:

On 23 Nov 2004 13:07:17 GMT, Alun wrote:

Arguably, the equal protection clause of the 14th amendment only
applies to the states, but there are cases invoking the due process
clause of the 5th amendment, which is applicable to the federal
government.


Do not forget that holding an amateur license does not convey any
civil rights - _Howard v City of Burlingame_


I'm not sure what implications that has. I think I'd better try and find
that case and read it.

I've never actually researched any case law on ham radio. I already had
other reasons to have looked up Yick Wo, etc.


I beleive there was a Puerto Rican case in federal district court that
relied on either the 5th or the 14th in the alternative, allowing
aliens to become registered as professional engineers. I don't have the
citation for that one.

This is a little way off Phil Kane's speciality of communications law,


Not really. I am also a Registered Professional Engineer (by exam,
not waiver) and I have to keep up with such things.

although no doubt the FCC can't discriminate against aliens. Maybe Phil
knows of some case law regarding aliens and the FCC?


We all know that an alien can unilaterally cause a change in FCC
rules without a public hearing - JY1 and the Medical Code Waiver.

Seriously, about 20 years ago The Congress amended Section 318 of
the Comm Act - the section that required US citizenship to be
allowed to hold an operator license. This was part of the Ronald
Reagan privitization move to enable non-citizens to seek employment
as radio broadcast DJs which at that time required a Radiotelephone
Third Class Permit (or better). The citizenship requirement for an
amateur operator license was swept away at the same time.

I am not a lawyer, just an alien.


I hope not as bad as some of the space-aliens who post here...

--
73 de K2ASP - Phil Kane




I think there has been a move generally away from requiring citizenship for
ham radio licences. Very few countries do anymore.

BTW, did you now that citizenship restrictions for lawyers were swept away
by In Re Griffiths, which in turn relied on Yick Wo (Rehnquist dissented in
Griffiths, on an officer of the court line of argument). My interest is
that as a patent agent and an alien I can be disbarred for simply ceasing
to reside in the US. This is not the case with any state bar. The
difficulty in applying this line of authority (Griffiths and Yick Wo) is
that the equal protection clause of the 14th is directed to the states, and
the patent agent licence is federal.

This is definitely getting a bit OT!
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