
WHEREAS, the Government of the United States, through the FCC and other agencies, has reserved exclusively to itself the granting of access to the Radio Spectrum to entities within its jurisdiction, and WHEREAS, the FCC has set forth the performance requirements for the Amateur Radio Service to include (47 CFR 97.1): Providing Emergency Communications Contributing to Technology Encouraging Communication Skills Creating a Reservoir of Trained Operators Enhancing International Goodwill, and WHEREAS, the FCC has committed the itself to provide specified access to Radio Spectrum to the Amateur Radio Service, and to effective rules enforcement (47 CFR Part 97 and other Parts). and WHEREAS, the codified performance requirements, spectrum allocations and rules enforcement obligations constitute Amateur Radio's "Agreement With America", and WHEREAS, the Amateur Radio Service has and continues to fulfill its performance requirements to the highest degree as documented and demonstrated by QST Magazine, ARRL Web, media articles across the nation, affiliation with DHS, MOU with FEMA, and grants by CNCS for Emergency Communications Training, to name just a few, and WHEREAS, the FCC has granted and continues to grant Amateur Radio licenses based on a finding of public interest, convenience and necessity, and WHEREAS, the FCC has approved rules to foster the widespread deployment of Broadband Services over Power Lines that will delay and disrupt the fulfillment of performance requirements by the Amateur Radio Service, and WHEREAS, the FCC has failed to provide timely rules enforcement in Radio Interference matters before it, NOW THEREFORE, the ARRL Board of Directors does Find and Declare the FCC to be in Constructive Default of Amateur Radio's Agreement With America, and appeals to the People of the United States through their designated Congress and Courts to cure the default condition.