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November 24th 04, 10:06 PM
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Subject: Care To Try Again, Steve?
From: PAMNO (N2EY) Date: 11/24/2004 7:31 AM Central Standard Time Message-id: In article , (Steve Robeson K4YZ) writes: However, as I pointed out earlier, there have been a great many items in the various journals over the decades of US Amateurs doing almost the same thing. Gobbling up foreing countries callsigns without ever setting foot there? Hardly "gobbling", Jim. Either them OR us! If we (the United States) suddenly clamp down on who can have a US license, then what happens when a US resident applies for a foreign one? ESPECIALLY when the applicant actually took the test to get licensed...Not just ploped down a chunk of change to do it... There's a big difference between someone actually visiting US territory and getting a US license to operate here, and someone who never visits or operates here getting a license and desirable call, then holding it for years and decades. Visitors can be accomodated with temporary licenses that require no testing, same as is done in many countries. Look at the whole CEPT idea. I am asking this sincerely...Does ANYone have ANY evidence that these "tests" were NOT administered in accordance with FCC rules and regulations? And "giveaways"...Did the applicant's NOT pay the appropriate VE fee at the time of the exam and did they NOT pay the appropriate fee if their "trophy" call is other than from the sequential system...?!?! That's not what I'm talking about. It's what I am talking about, Jim. It's not what I'm talking about. You've NOT answered my question Jim. Were the "tests" conducted illegally or inappropriately? There having been no laws broken. Other than a bit of xenophobia, what's the problem? The laws need to be changed. OK...I agree...what are we going to do about it? But as of right now, NO laws seem to have been broken. If you're going to insist that the FCC NOT allow this to happen, other changes will have to fall in to place too. The interpretations that allowed THIS to happen are the same interpretations that force the FCC's hand to have "open pools" of test questions. Is the FCC forced to issue licenses to nonresident aliens? Seems to me they are. By what? By the fact that as long as the tests that were conducted overseas were conducted in accordance with FCC rules, and those applicants, as far as it pertains to their FCC licenses are complying with those laws, how can they refuse? If Joe Englishman or Juan Filipino takes the US exam in accordance with US rules and regulations and comples with US laws, how can they refuse? Simple: The licenses are intended for US residents and visitors only. Sorry Jim...There's not one single line in Part 97 that supports your assertion. US laws generally state one of three conditions: "shall", "shall not" "may". Where "shall" is stated, the licensee is obligated to perform that task. Where "shall not" is stated, the licensee is prohibited from doing that thing. Where "may" is stated, the licensee may proceed at his/her own discretion, but is neither prohibited or obligated to do such a thing. I doubt that many would, however it seems that many others have the means and the funds to travel to US possessions on frequent occassion...they could also afford to hire an attorney to defend their loss of licensure due to xenophobia. If they can show travel to US territory, they'd be able to show residency. Start at KH0A, Jim and scroll throug QRZ. Many of the QSL cards of the "foreign" operators reflect some sort of at least occassional operation from US territory. If I couldn't have held it because someone else already held it, I wouldn't have applied for it in the first place. And no one in Yokohama could have grabbed it since it was within the 2 year window that FCC rules DO stipulate as being unavailable after it is vacated by the previous user...ie: K4CAP can only be reassigned to me until May 13th of 2005. That rule could easily be changed, so that if someone voluntarily gives up a callsign the 2 year rule doesn't apply. And if the Tennessee Lottery ticket I bought this afternoon hits, I will be a multi-millionaire, but until it does, I won't start looking for a BMW. And "easily", Jm...?!?! C'mon, don't make me laugh! The Code Test "debate" has been raging for decades now, and even in the face of a changed treaty status that allows the FCC to accomodate it's own professed desire to be rid of it, we are no closer now than we were 3 years ago. The "2 year" rule gives the FCC "breathing room" administratively. They won't be in any mood to change it without some immense Congressional pressure to do so. All it would take is for the rules to require either citizenship or residence in US territory at the time of licensing and renewal. Two check boxes on the Form 605, if you leave both blank, no license. OK...Joe Nippon is "residing" at a motel in Honolulu when he takes his test. He was lawfully admitted. Condition met. No problem then! There was a time when you had to specify a station location on the old Form 610. A PO box wasn't good enough, it had to be a real address. That could easily be reinstituted as "place of residence". Of course there would be some cheats, but they could be easily "outed". And in order to justify that the regulations backing up that "box" on the form must be in place. I don't see anything in Part 97 that says you must be standing on US soil when you apply for or hold a license. So add it. I'm not the one arguing that there's a probelm, Jim. You and Hans can work that one out! The only absolute is that you provide an address where you can be reliably reached at. Alun correctly noted that the only prohibition against licensure is being the representitive of a foreign government. Those rules are easily changed. I reiterate my previous comments about the FCC approving things even when they are allegedly anxious to do so!.. 73 Steve, K4YZ |
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