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Old July 31st 03, 11:31 PM
D. Stussy
 
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On Thu, 31 Jul 2003, Dick Carroll; wrote:
"D. Stussy" wrote:
What I have said is that the second condition is now IMPOSSIBLE TO MEET as it
is currently stated, and thus Technicians and Novices LOST THEIR HF PRIVILEGES.


I believe you'll find plenty of legal precedent that says in such a case existing regulation prevails until such time
as it can be rewritten to eliminate any ambiguity. There's a practical reason for this of course. Otherwise chaos would
reigh.


There is no ambiguity here. There was direct dependence on a regulation
external to that of the FCC's. Unless you're implying that the FCC's
regulation itself was ambiguous or improper (for referring to an outside body
of law, treaty, international agreement, etc.; something outside of its
control), I don't see a problem.

It certainly does NOT work that way with 26 CFR and 31 CFR regulations so I
have no expectation that 47 CFR regulations would. In those contexts, changes
to the law (i.e. statute) immediately void regulations when those changes
become effective (usually defined as "For years beginning on or after date").