an_old_friend wrote:
wrote:
robert casey wrote:
wrote:
Recently there have been some claims about "what the
majority wants" in regards to FCC NPRMs.
THe FCC doesn't make rules based on how polling comes out.
I was speaking about comments, not polls. But you're right
either way, in that the FCC can ignore the majority
if it wants to.
The FCC is legaly bound to ignore the majority in what it sees as the
public interest
"...legaly (legally) bound to ignore..."
I don't think so.
One very
good comment can trump many "me toos".
Or one comment that FCC just happens to agree with.
Look at the BPL situation....
Besides, the FCC isn't
in the business of handing out gold stars. If a requirement
serves no regulatory purpose, the FCC doesn't want to bother
with it.
Or if FCC doesn't want to be bothered in the first place...
Indeed the FCC doesn't want to be bothered with much from the ARS, we
should count ourselves lucky to get any enforcement action
Us or anyone else. However the FCC has demonstrated significant
enforcement actions over All services in recent years. Refer to the
FCC's NOV/NOUO archives.
However, none of that is really what I was driving at.
My point is simply that the majority of comments on code testing
(57%) on 98-143 were in favor of at least two code test speeds,
including at least 12 wpm for Advanced and Extra. That fact is
proved by KC8EPO's published results, right here on rrap back
in March of 1999. (WA6VSE/WK3C posted them).
so?
FCC ignored the majority opinion back then and reduced code
testing to 5 wpm. The majority opinion was *not* acted upon
by FCC.
and No one ever promised or sugessted it would be
Sure it was.
It was called the Constitution of the Untied States.
That concept has been lost in the caucophony of
least-common-denominatior bar-lowerings.
the FCC has a DUTY to the PUBLIC interest first and only then to the
interests of the ARS and finaly to the WISHES of the ARS
"The "wishes" you refer to are by citizens of the United States
who told the government what they wanted.
The government ignored them.
Whether FCC did the best thing or not is a matter of opinion.
But the plain simple fact is that the majority was *not*
anti-code-test.
so
So the wishes of the citizens were ignored.
The Consitution was violated.
Now of course if the majority of comments on 05-235 are in
favor of no more code testing, FCC will most certainly say
they are simply doing what the majority wants.
Not likely
Absolutely. Watch.
The FCC will simply issue it's report and order
And in that R&O they will say "...the majority of respondents..."
Steve, K4YZ