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G4EBT  > MORSE    07.03.08 13:00l 153 Lines 6450 Bytes #999 (0) @ WW
BID : CE8170G4EBT
Read: GUEST
Subj: FCC Judgement on Morse test
Path: IZ3LSV<IW2OHX<OE6XPE<DB0RES<DK0WUE<GB7FCR
Sent: 080307/0957Z @:GB7FCR.#16.GBR.EU #:63933 [Blackpool] FBB-7.03a $:CE8170G4
From: G4EBT@GB7FCR.#16.GBR.EU
To  : MORSE@WW


Below is the FCC judgement I referred to in an earlier bull. 

The FCC has concluded that proficiency in Morse is not indicative of an
individual's ability to contribute to the advancement of amateur radio.

The FCC also concluded that Morse does not advance the value to the public
of communications in emergency situations, given that such communications
in a modern world are mostly by speech, data or video.

These conclusions ought not to come as a surprise.

Quote:

In a Memorandum Opinion and Order (MOO) released on 29 Feb 2008, the 
FCC denied two petitions calling for General or Amateur Extra license
applicants to demonstrate proficiency in Morse code. 

In December 2006, the FCC released a Report and Order (R&O) in the "Morse
code proceeding," WT Docket 05-235, that eliminated Morse code testing as
of February 23, 2007. 

Background:
 
The R&O amended Section 97.501 to remove the telegraphy requirement. 

In reaching this decision, the FCC noted in the R&O that "one of the
fundamental purposes underlying our Part 97 rules is to accommodate
amateur radio operators' ability to contribute to the advancement of the
radio art, and that the Commission had previously concluded that an
individual's ability to demonstrate Morse code proficiency is not
necessarily indicative of his or her ability to contribute to the
advancement of the radio art." 

The FCC also noted that another fundamental purpose underlying Part 97
rules is "to enhance the value of the amateur service to the public,
particularly with respect to emergency communications, and that the
Commission had previously concluded that most emergency communication
today is performed using voice, data, or video modes, because information
can be exchanged much faster using modes of communication other than
telegraphy." 

The Commission therefore concluded that requiring an individual to
demonstrate Morse code proficiency as a licensing requirement "did 
not further the purposes of the Part 97 rules." 

The Commission also found that this reasoning applied equally to the
General Class and the Amateur Extra Class, so "it rejected suggestions 
that the Morse code requirement be eliminated for the General Class 
license but retained for the Amateur Extra Class license." 

In the wake of the FCC's actions in WT Docket 05-235, two amateurs
submitted separate petitions to the FCC, asking them to bring back the
testing. 

Anthony R. Gordon, KG6EQM, of West Covina California, objected to the 
FCC eliminating the telegraphy examination element as an examination
requirement for the Amateur Extra Class operator license. Russell D. Ward,
W4NI, of Nashville, Tennessee, requested the FCC reconsider their decision
for 'strictly procedural' reasons. 

Anthony R. Gordon, KG6EQM:

Gordon asserts that 'the failure to keep the Morse code telegraphy
requirement intact, at least as a required examination element for the
Amateur Extra Class operator license, fails to take into consideration the
significant national security implications that require retaining adequate
examination safeguards to insure the viability that Morse code telegraphy
provides, not only to the Amateur service, but the nation as well.'

Gordon argues that the requirement should be retained so that amateur
operators can act as "a 'strategic reserve,' because there is "no
assurance that...voice or digital modes will even be operationally viable
in future emergency communication environments." 

The FCC was not persuaded, however, that eliminating the Morse code
examination element will affect national security or emergency
communications. 

"We agree with the commenters who point out that requiring applicants 
to pass a one-time telegraphy examination did not and would not guarantee 
a supply of skilled telegraphy operators. Moreover, nothing in the
Commission's decision prevents an interested amateur radio operator 
from pursuing Morse code proficiency." 

The FCC reiterated their prior conclusion that "an individual's ability to
demonstrate Morse code proficiency does not further the underlying
purposes of the Part 97 rules, i.e., to accommodate individual
contributions to the advancement of the radio art and to enhance the value
of the amateur service to the public. Accordingly, we deny the petition." 

Russell D. Ward, W4NI:

In the MOO, Ward states that he "encountered difficulty" in submitting his
comments and reply comments to the NPRM electronically and that his
filings were not posted on the ECFS (the Commission's electronic filing
system) until after the deadlines had passed. 

He asserts that "there is no certainty that the Commission considered 
his comments and reply comments, that the late posting of his comments
prevented others from replying to them, and that it is 'quite likely that
other comments were treated improperly.'" As a result, Ward requested that
the FCC "stay the proceeding, reopen the record and reconsider the NPRM
after the close of the extended comment period." 

The FCC claims that all comments in the ECFS "were considered before the
Commission adopted the Report and Order, regardless of the how or when
they were filed. 

Moreover, many of the 3900 comments and reply comments expressed the same
view as Mr. Ward, so the substance of his views unquestionably was replied
to and considered. 

Finally, he provides no evidence that ECFS mishandled other comments. No
other party has complained that his or her comments were not received. We
conclude, therefore, that reopening the proceeding for additional comments
is not justified, and we deny the petition." 

No Grounds for Reconsideration:
 
In summary, the FCC said, neither petition asserted "any grounds for
reconsidering" the decision in the Report and Order. "We believe that 
the actions taken therein will allow amateur service licensees to better
fulfill the purpose of the amateur service, and will enhance the 
usefulness of the amateur service to the public and licensees." 

End quote.

Quote of the day:

                  "Freedom"                 

"Freedom is never voluntarily given by the oppressor; 
it must be demanded by the oppressed". 

(Martin Luther King, Jr. 1929-1968)
 

Best wishes 
David, G4EBT @ GB7FCR

British Vintage Wireless Society Member
G-QRP Club Member, No: 1339

Cottingham, East Yorkshire.

Message timed: 09:36 on 2008-Mar-07
Message sent using WinPack-Telnet V6.70
(Registered).


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