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1993-06-12
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NEWSLINE RADIO - CBBS EDITION #74 - POSTED 06/02/93
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The following is late news about Amateur Radio for Radio
Amateurs as prepared from NEWSLINE RADIO scripts by the staff of
the AMATEUR RADIO NEWSLINE, INC. -- formerly the WESTLINK RADIO
NETWORK. The electronic version of newsline is posted on this
CBBS twice monthly. For current information updates, please call
(213) 462-0008, (805) 296-2407, (407) 259-4479, (708) 289-0423,
(513) 275-9991, (718) 353-2801, (407) 965-1234 or (206) 368-3969.
To provide stories and information please call (805) 296-7180.
This line answers automatically and will accept up to 30 minutes
of material.
Check with your local amateur radio club to see if NEWSLINE
can be heard weekly on the air in your area.
Articles may be reproduced if printed in their entirety and
credit is given to AMATEUR RADIO NEWSLINE as being the source.
For further information about the AMATEUR RADIO NEWSLINE,
please write to us with an SASE at P.O. Box 463, Pasadena, CA
91102.
Thank You
NEWSLINE
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Some of the hams of NEWSLINE RADIO...
WA6ITF WB6MQV WB6FDF K6DUE W6RCL N6AHU N6AWE N6TCQ K6PGX N6PNY
KU8R N8DTN W9JUV KC9RP K9XI KB5KCH KC5UD KC0HF G8AUU DJ0QN and
many others in the United States and around the globe!!!
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[824]
FCC: BLIND VE CAN'T SUPERVISE TESTS
The FCC has told a blind West Virginia ham that he cannot act
as Volunteer Examiner. In doing so, it has set a precedent that
will impact on all sight impaired hams.
Word of the decision came in a letter from the commission to
Leonidas R. Moten, WD8POF. It was signed by the FCC's Private
Radio Bureau Chief Ralph Haller, N4RH, and told Moten that a
visual handicap precludes a VE from fulfilling the requirements
of the Commissions rules.
By way of background, Moten holds an Advanced Class license
and was certified as a VE by the Dallas based W5YI VEC. But his
local radio club and members of it's VE team refused WD8POF's
request to proctor examinations.
On July 16, 1992 Moten filed a complaint against the club with
the West Virginia Human Rights Commission. In it, he claimed
that under Section 504 of the Rehabilitation Act of 1973 that he
was unlawfully discriminated against based on his physical
handicap. He also filed a similar complaint with the FCC on
October 23, 1992. It took the FCC almost six months to
investigate Moten's complaint and reach a conclusion. The
results of that probe will impact on other visually handicapped
amateurs wanting to serve as Volunteer Examiners.
The three page finding says that for any ham acting as a
volunteer examiner to fulfill the legal obligations of
overseeing an Amateur Radio test session, that he or she must
have the ability to visually observe what is taking place in the
examination room. Also, that Section 97.909, sub paragraph A of
the FCC rules states that each administering VE be present and
to observe the candidates being tested throughout the entire
examination.
The key word here is observe. To the commission this seems to
mean that each VE must be able to view exactly what is taking
place with his or her own eyes.
The FCC response went on to take note of the refusal of two
other VE's to administer license examinations with Moten. It
said that it was in total agreement with the decision of these
VE's because the federal regulations governing their actions are
very explicit.
We quote in part from this part of the FCC letter: "...we
similarly conclude that your blindness precludes you from
complying with the administering VE's responsibility to be
present and observe the examinee throughout the entire
examination." -- end quote.
The FCC also said that issuing Moten a waiver to permit him
to perform examination duties would defeat the basis and purpose
of the Commission's rules. It emphasized that these regulations
were written in such a way as to insure that at least three
examiners are present to observe examines and thereby to
preserve the overall integrity of the examination process.
The commission did tell Moten that he is invited to perform
other functions regarding Amateur Radio testing that do not
involve direct on-site supervision of tests. This might include
his producing examination material in Braille or enhanced print.
But the letter concluded by stating that in the view of the
FCC, that Moten was not in any way discriminated against within
the meaning of the Rehabilitation Act. Because of this, his
discrimination complaint was being denied.
At this time, it is unknown if WD8POF plans to file an appeal.
*****
NOVICE VEC DATE ANNOUNCED
The FCC has set July the first as the date when Novice
examinations will be brought under the supervision of the VEC
testing system. Three weeks ago, the FCC announced that it had
decided to do away with the use of only two VE's in the Novice
testing system and bring that examination in line with all
others.
There is another caveat. The FCC has also decided to permit
holders of General Class licenses to oversee tests administered
to both Novice and Technician class applicants. This as a way of
lessening the burden on the current VE testing scheme. As a
result, many VEC's will soon begin accrediting General Class hams
to take on this new job.
*****
HAM RADIO CONGRESSIONAL RESOLUTION
Another bill to protect the rights of radio amateurs has been
introduced before congress. On May 7th Joint Resolution S.J. 90
was introduced in the U.S. Senate by Sen. Charles Robb of
Virginia. It's a bill recognizing the achievements of radio
amateurs.
Saying that words without deeds are empty Robb went a lot
further. His resolution supports amateurs radio as national
policy. It also urges the adoption of rules and regulations
that encourage the use of new technologies within the Amateur
Radio Service. Robb says that any regulations which are
necessary at any level of government be crafted in ways that
facilitate and encourage amateur radio operation as a
public benefit.
*****
STERN DIRTY WORDS LOOSE ROUND ONE IN DC COURT
United States District Court Judge Royce Lamberth in
Washington D.C. has rejected a claim by Infinity Broadcasting
Company of New York and other plaintiffs who say that the
current FCC enforcement scheme dealing with indecent language
amounts to unconstitutional censorship and prior restraint. His
finding will defiantly impact on the prosecution of so-called
potty mouth hams. Here are the details.
The case in question revolves around a total of $606,000 in
fines issued by the FCC against Infinity owned stations who air
shock-jock Howard Stern. The fines were assessed against
Infinity last December for remarks attributed to Stern allegedly
made during his early morning radio program over the company's
WXRK FM in New York, WXBP FM in Philadelphia and WJFK FM in
Manassas, Virginia. Also fined $105,000 was Greater Media Inc.,
which airs the Stern's syndicated morning talk show over KLSX FM
in Los Angeles, California. In his daily program, Stern
routinely talks in very graphic terms about sexual matters that
most people would consider as being in poor taste for broadcast
radio.
Under current FCC rules, the FCC prohibits the broadcast of
legally definable "indecent" material between the hours of 6
a.m. to 8 p.m.. These are the hours that young children are most
likely to be tuned in.
But a number of broadcast, consumer and civil rights advocacy
oppose any indecency standards. They joined in a law suit to
effectively end all enforcement of indecency rules. The only
group standing with the FCC was the American Radio Relay League.
In early April the League filed an Anecus Curiae brief with the
court. In it, the ARRL stated the concern of the nations half-
million radio amateurs. The League said hams were worried that
enforcement of Part 97 rules to stop the transmission of
indecent language on the amateur bands would be impossible if
the court held it to be proper in commercial broadcasting. The
decision in this case would seem to indicate that the League's
filing weighed heavily on the District Court in its decision to
find against plaintiffs in this case.
*****
PRODIGY HOAX SLANDERS ARRL INSURANCE
In what appears to be a related matter, a phony message that
got by the censors on Prodigy's Ham Radio bulletin-board has
caused a lot of problems for the American Radio Relay League's
insurance plan. On April 23rd, a person calling herself Amber
Lynn Garner and using another hams callsign issued a bulletin on
Prodigy. It stated that as of April 21st, the ARRL's Insurance
Policy was -- and we quote -- "...revoked for non-payment."
The writer went on to say that she had contacted Luck Hurder at
League Headquarters and was told that there are no plans to
replace the supposedly defunct policy. Garner then instructed
policy holders to request a refund through the ARRL before April
30th at a rate approximating fifty-cents on the dollar.
It was all a blatant lie. The posting of the phony story
seemed to be very carefully timed to coincide with the opening
of the 1993 Dayton Hamvention. Presumably, Garner or whomever
she really is figured that ARRL participation in the Hamvention
would preclude an early denial by the league's staffers or
elected officials.
To his credit, one ham did act promptly to try and kill the
hoax. Duane Vincent KE7JEX, a regular user of the Prodigy ham
board checked by telephone with Northwest Division Director Mary
Lewis, W7QGP. It was Lewis that tagged the story as a phony.
Vincent posted the information from Lewis and that should have
been the end of it. It wasn't.
Within a few hours, yet another phony message was posted.
This one was from a Prodigy subscriber calling himself Guy
Finsterwald. Yes that is the name he used -- Guy Finsterwald.
And Finsterwald claimed that he had already received a refund
from Newington. Unfortunately, some hams took the Garner and
Finsterwald notes as gospel. They never bothered to check the
facts in the story but instead posted it onto the packet
airwaves. This created an even bigger base for the hoax.
But who are Amber Lynn Garner and Guy Finsterwald? And, why
post a latant lie on Prodigy? What is coming to light is that
the hoax may well be the creation of a group of users on the Los
Angeles 147.435 MHz "Animal Farm" repeater. This is the so
called free-speech repeater that can be heard throughout
southern California and it has become a haven for what can best
be called blue language. As such, it is quite likely that the
postings were some kind of retaliation action against the
American Radio Relay League for its decision to stand with the
FCC. This, in the matter of the commission being permitted to
continue to issue fines for the use of indecent language over the
airwaves.
There is also a good chance that Amber Lynn Garner and Guy
Finsterwald names are not individuals. Rather they may well be a
shared identities for numerous members of the 4 3 5 group.
Security on Prodigy appears to be very lax in this area.
Meantime, if you carry ARRL insurance, you have nothing to
worry about. The service has plenty of money backing it and is
doing just fine.
*****
NY SENTENCE
The nineteen year old New Yorker who used a two meter radio to
falsely report a downed aircraft last January has been sentenced
to sixty days in jail. According to the Buffalo News, Wayne
Michalk of Appleton was also ordered to pay a five thousand
dollar fine and to undergo mental health counseling.
*****
ARSENE WE CAN'T HEAR YOU
According to telemetry being sent by the ARSENE satellite, the
bird is working perfectly. The problem is that nobody has heard
anything on its VHF downlink frequency of 145.975 MHz.
As a result, the control station at FF1STA in Toulouse, France
has put ARSENE in a mode with complete telemetry sent both
2446.47 and 145.975 MHz. This was done in order to allow for a
careful search for a small signal on the two meter band.
Any report of a signal coming from ARSENE would help. The
telemetry signal basic data is at 128 Hz with 2048 Hz Manchester
encoded PSK at 128 baud. You can send reports to the ARSENE
working group via any of the regular channels to AMSAT.
*****
* * * Newsline Copyright 1993 all rights are reserved. * * *
--
Allan Courtney KD4DBN Internet: acourt@ncc.uky.edu
Lexington, Kentucky AMPRNet: 44.106.2.120