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Re: [CQ-Contest] what PX can I use?

To: "'Joe Subich, W4TV'" <w4tv@subich.com>,"'David Gilbert'" <xdavid@cis-broadband.com>,<cq-contest@contesting.com>
Subject: Re: [CQ-Contest] what PX can I use?
From: "Sandy Taylor" <ve4xt@mts.net>
Date: Wed, 6 Feb 2008 23:28:26 -0600
List-post: <mailto:cq-contest@contesting.com>
What was it Clinton said?

"That depends on what the meaning of the word 'is' is."

Here's the deal: if the FCC's interpretation of its own rules cannot be
relied upon, whose can?

Also, it is clear in reading the WPX rules, CQ's desire to maintain the
integrity of WPX multipliers, for both the contest and for the award
programme.

"You may not make up your own prefix." Seems to clearly say that CQ does not
want stations to manufacture prefixes for the purpose of gaining undue
popularity. Don has clearly said such is his intent, that NV4 would be
sexier than W4. No doubt it would.

Paul had commented on my "I'll operate from my cottage and sign VE4XT/XM4"
as being invalid because XM4 is not designated for amateur service. Well,
technically, neither is NV4. It is only issued under a vanity call program
as a 2x1 call and is not, yet at least, part of the normal sequential system
of assigning callsigns to those who don't apply specifically for a vanity
call. (I looked, if you don't apply under the vanity call program, the FCC
will merely issue you the next available alphanumeric callsign in sequence
of normally issued callsigns N4xxx, K4xxx, etc.) You would not, at least
until the population of W4 expands quadratically, be normally issued NV4xxx.


73, Kelly
Ve4xt



-----Original Message-----
From: cq-contest-bounces@contesting.com
[mailto:cq-contest-bounces@contesting.com] On Behalf Of Joe Subich, W4TV
Sent: February-06-08 4:44 PM
To: 'David Gilbert'; cq-contest@contesting.com
Subject: Re: [CQ-Contest] what PX can I use?


> I don't think that is a valid assumption, Joe.

Well, to further the debate (I am not a lawyer), when a regulatory 
agency makes "law," those rules are included in the applicable 
part of the "Code of Federal Regulations."  If the particular rule 
is not published in CFR, it is not "law" but is, by definition a 
staff interpretation.  In general, if what one is doing complies 
broadly with the rules as published in CFR, (e.g., using NV4 
instead of W4) and does not specifically violate the rules as 
written, there is no violation of the rule.  

If staff and the Commission believe there is substantial good 
reason to require the specific use of "W4" and prohibit the 
use of any alternate form, they can always issue a Notice of 
Proposed Rulemaking and add the specific language to the rules. 

73, 

   ... Joe, W4TV 
 


> -----Original Message-----
> From: cq-contest-bounces@contesting.com 
> [mailto:cq-contest-bounces@contesting.com] On Behalf Of David Gilbert
> Sent: Wednesday, February 06, 2008 2:41 PM
> To: cq-contest@contesting.com
> Subject: Re: [CQ-Contest] what PX can I use?
> 
> 
> 
> 
> I don't think that is a valid assumption, Joe.
> 
> 97.119(g) states:
> 
> "When the station is transmitting under the authority of Sec. 
> 97.107 of 
> this part, an indicator consisting of the appropriate letter-numeral 
> designating the station location must be included before the 
> call sign 
> that was issued to the station by the country granting the 
> license. For 
> an amateur service license granted by the Government of 
> Canada, however, 
> the indicator must be included after the call sign."
> 
> 97.107 (c) states:
> 
> "At any time the FCC may, in its discretion, modify, suspend 
> or cancel 
> the reciprocal operating authority granted to any person by 
> this section."
> 
> The link previously posted here giving specific prefixes for 
> use within 
> the U.S. under reciprocal licensing authority 
> (http://wireless.fcc.gov/services/index.htm?job=about_4&id=ama
teur#Station%20Indicators) 
is on the official FCC website.  You even get a warning notice that you 
are leaving the official Wireless and Telecommunications Bureau site 
when you click on a different link.  So how does that become merely a 
non-binding staff interpretation?  It's a declaration of an FCC 
requirement, the authority for which they have reserved for themselves 
under 97.107(c).

Dave   AB7E

.

Joe Subich, W4TV wrote:
> Well, I would argue that the link on the web represents a staff 
> interpretation and not "the law" as written in 97.119(g) since neither

> 97.119(g) nor any other section of Part 97 provides a specific list of

> required identifiers. As such, one could use VO1HE/NV4 and argue that 
> it is perfectly "legal" because there are 31 active licenses with the 
> NV4 prefix (30 of the licenses have mailing addresses in the fourth 
> call area).
> 73, 
>
>    ... Joe, W4TV 
>  
>
>
>   
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