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#19
August 9th 05, 05:56 PM
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K4YZ wrote: 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 cuting speling cop I don't think so. of course you don't that is one of the problems you don't bother learning what the turth is 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. your point? 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 break Sure it was. BUZZZ wrong answer It was called the Constitution of the Untied States. nope an other Stevie lie That important document say nothing of the sort It says nothing about govening rules by direct public referendum Indeed it says nothing giving the FCC any power at all, except the socalled supremacy clasue declaering itself and any TREATIES we sign the supreme law of the land, that and the neccasary and proper clause are all that allow the FCC exist to exist as a legal body, neither says anything about governing the reags by referendum That concept has been lost in the caucophony of least-common-denominatior bar-lowerings. not at all what has been lost by you is the notion that Radio rules and regs are there to serve the PUBLIC interest not you narrow cliquish whims 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. and they come last by law, and very properly, nor of course are all of them citizens The government ignored them. another Stevie Lie, the Govt heard them, and found other things more pressing 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. happen all the time The Consitution was violated. nope 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 is very unlikely to do so because it would esteablish for the first time an expectation that it was bound to follow the will f the majority of the folks that comented The FCC will simply issue it's report and order And in that R&O they will say "...the majority of respondents..." It might note that fact but that is unlikely to attribute that any weight and if it does one the lawyers that reviews it before release should be fired Steve, K4YZ |
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