[arrl-odv:14825] FCC planning to fix PART of 04-140

You will recall that when the Report and Order in Docket 04-140 was released we found several errors, and that Chris Imlay brought these to Bill Cross's attention. Bill said that a couple of them would be fixed when the new rules were published in the Federal Register. When the Federal Register came out on November 15 we found that two of the errors had been corrected but that a third had not: The FCC inadvertently limited J2D emissions to 500 Hz bandwidth through an inartfully drafted modification of the definition of "data" in 97.3(c)(2), but apparently it was too big a change simply to edit the Federal Register text and it could not be corrected that way. Earlier this week I asked Chris to speak with Bill Cross about finding an interim solution to the problem, such as by a temporary waiver that would temporarily restore the status quo ante. When Chris called Bill he learned that Bill has been instructed to work with the FCC General Counsel's office on an erratum, to be released prior to December 15, that will fix the J2D error. While nothing is certain until the erratum is actually released, it is fair to say at this point that the FCC recognizes the problem and intends to fix it prior to the effective date of the new rules.The best advice to give someone who is concerned about this issue is to wait for the erratum. Assuming that this does get fixed, it simplifies the issues on which we may want to consider requesting reconsideration. I will put together an options paper for Executive Committee consideration shortly. I'm sure the EC will want to consult the rest of the Board. Dave Sumner, K1ZZ
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Sumner, Dave, K1ZZ