----- Original Message -----
From: "W2DNE"
Newsgroups: rec.radio.amateur.policy
Sent: Friday, November 04, 2005 6:40 PM
Subject: Scorecard on WT Docket 05-235

"Bill Sohl" wrote in message
nk.net...

"Iitoi" wrote in message
...

Bill Sohl Wrote:

IF (let's be hypothetical) the FCC did retain code for
Extra, then the American Disabilities Act (ADA) will
surely be raised by someone who need only point
to the use of waivers previously and no court in
this country would rule against such a clain.

The "waivers previously" were only for the 13/20 WPM tests, and
required the applicant to have passed a 5 WPM test. TTBOMK there has
never been any waiver of 5 WPM, thus no precedent in support of such a
claim.

The ONLY reason waivers were not extended down to 5wpm
in the past was because the FCC believed the USA could not
waive the minimal code test because of the treaty. Now
that there is no treaty requirement, the logic that lead
to waivers of 13/20 wpm can and would be extended to
a 5wpm test IF such test remains. The precident stands
based on the general application of waivers for non-treaty
established code speeds.

Cheers,
Bill K2UNK


Last I checked the president stands in the white house.

I'll never claim to be a great speller.

Also last I checked there was no precedent for a waiver of 5 word-per-min.

The precident is for waivers of code testing of non-treaty
required code knowledge. It matters not if that was 20, 13
or now 5wpm. Conceptually the precident is there.

In any case, I'd agree that invoking ADA might work --- to require
possibility of test waivers for disabled, but not to disallow testing
outright.

The waivers in the past were only for disabled with a medical
certification statement.

Cheers,
Bill K2UNK