Citing violations of the Communications Act of 1934 as well as Part 97 of the Amateur Regulations, a group of amateurs from twelve states have filed suit in Federal Court blocking the implementation of FCC Report & Order 99-412. The long awaited restructuring report, released December 30, 1999, just under the two year deadline for the Congressional mandated top to bottom overhaul of all FCC rules and regulations raised strong reaction throughout the amateur community.
While most of the reaction has been generally positive, there has been a growing contingent of amateurs, and amateur organizations who argue that the FCC has oversimplified the amateur service and focused solely on aspects that simplified the administrative burden on the FCC regardless of the consequences to the amateurs themselves and the support organizations.
On March 13th, the American Radio Relay League filed a formal petition seeking partial reconsideration of the report and Order. (Ed note: See ARLB016 elsewhere in this issue) The Leagues’ petition addresses one of the more excessive examples of the FCC choosing the simplest administrative burden. Specifically the decision to no longer track in their records the Technician and Technician Plus classes of license. While effectively removing the distinction between the classes in the FCC eye’s, the United States would continue to be required to recognize the difference due to International Treaty (S25.5, formerly 2735, of the Radio Regulations, Geneva 1979).
This petition comes on the heels of the proposal to implement an “Amateur Certification Program” (ARRL Letter, Vol. 19, No. 5, Feb 4, 2000) designed to bolster the lack of support by the FCC to the basic premise of Part 97.
Title 47 CFR 97.1 is derived from the directives of the Communications Act of 1934, as amended, and serve as justification for the entire amateur service. Subparts b and d provide for advancement of the radio art and provide a pool of trained technical and electronics experts.
These justifications, in conjunction with the Communications Act of 1924 and Executive Orders 12958, 14781, and 15114 regarding National Defense and Safeguarding Intellectual Resources are the basis of the suit filed in Washington, DC by the loose consortium of individuals and clubs calling themselves the Concerned Hams Against Over-Simplification.
“We are not going to let the vast technical resources of the US amateur community be diluted by CB-like mentality” a spokesman for the organization stated. “We will fight to insure the Amateur Service remains at or above its present levels of expertise.”
Since a federal agency is the defendant in a criminal suit, the case is expected to be passed from Federal District Court up to the US Supreme Court in short order. The caseload of Supreme Court is such that it is unlikely to be heard until the second quarter of 2001. In the meantime the existing part 97 will remain unchanged.
The long backlog at the supreme court could result in a number of unhappy hams. The ARRL/VEC states that ‘“Certificates of Successful Completion of Examination” are only valid for 365 days from issue date’. If not used to obtain an upgrade within that time the credit expires and the test element will have to be retaken. Thousands of hams across the country have taken advantage of a perceived “Window of Opportunity” and took test elements they would have applied April 15th. “If this does not clear the courts in time, all those CSCE’s will be worthless”. General element credit for Technicians licensed before March 21, 1987 will still be valid however.
There is hope however, for a speedy resolution. In the past, when National Defense issues have been cited the court has chosen to move the case ahead in it’s schedule. There is hope that the issue will be resolved well before April Fools’ 2001.