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