[CQ-Contest] what PX can I use?

[Joe Subich, W4TV]

> 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 at contesting.com 
> [mailto:cq-contest-bounces at contesting.com] On Behalf Of David Gilbert
> Sent: Wednesday, February 06, 2008 2:41 PM
> To: cq-contest at 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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