[arrl-odv:12627] Re: Restructuring II and Omnibus Part 97 Rulemaking Status

Did I ever tell ya'll what I think of the FCC? 73, K5UR In a message dated 6/29/2005 4:14:49 PM Central Standard Time, W3KD@aol.com writes: Greetings. This is to some extent an information-impaired report, but I thought you ought to know what we know when we know it. Yesterday, Paul Rinaldo arranged for COO Harold Kramer to attend some meetings at FCC to better acquaint Harold with Washington Technical Relations operat ions. I had occasion to join Paul and Harold at lunch in the FCC cafeteria, where they had arranged to meet Bill Cross. I used the opportunity to ask a few questions, and I discovered Cross has accomplished the bureaucratic art of providing no information while actually saying words, and in fact some sentences. Impressive! Bill reports that the Restructuring II NPRM should be out, he "hopes" within the next three months. However, when I asked him whether it was yet on the 8th floor for Commissioner consideration on circulation, he began the Big Waffle. It would appear from his authentic FCC gibberish that in fact an NPRM is NOT yet on the 8th floor, but has been drafted and is in the process of revision. He would not, of course, actually concede that the NPRM had been drafted, but that it was "sort of drafted". Reading in the wide areas between the lines, I think it safe to assume that the Bureau (which has no chief now) will not have the NPRM out to the Commissioners right away. Even if it had, it is now generally assumed that, until Chairman Martin gets a couple of new, fresh Republicans to back him up (there is one Republican vacancy now due to Powell's leaving, and Abernathy is a lame duck, and her office is telling everyone during meetings that she is out the door soon, so don't expect anything from her. Martin, therefore, is bootless and unhorsed, and probably doesn't want to send any items out or vote on any if he is the only firm Republican and the other two sitting Commissioners who aren't leaving are both Democrats. Bottom line: slow on Restructuring II. I asked Cross whether the Omnibus Part 97 rulemaking was moving any faster. That apparently has some snags also, though I gather that there is a draft order under consideration. Cross says that there are some issues remaining dealing in Novice refarming, such as how much to expand phone bands. Paul came to the rescue and noted that the determination to some extent requires a crystal ball, which neither FCC nor ARRL had, and it would seem that FCC might be willing to consider our refereed Novice refarming plan as "OK for now". Still, no timetable for that. Lastly, I asked whether he had received the "AM'er Petition" allegedly filed by Coursen et al, asking for complete deregulation of subbands. He said he understood that it had been filed, but he had not seen it yet, which is, these days, not surprising. They could have filed it in the past three weeks or so, and Cross would not have received it yet. He said his view was that the petition should be shelved until ARRL filed its Regulation By Bandwidth Petition, which Cross seems to favor. Paul discussed some of the substance of the concept with Bill, including the current redundancy of the rules governing emission designators and the cumbersome nature of authorizing new modes, etc. The lunch meeting was pleasant, but frankly, sloth at FCC in the WTB is as bad as ever, and it may be several more months, perhaps three or four, before we see an NPRM on Restructuring II and perhaps the same for an order in the Part 97 omnibus proceeding, Docket 04-140. Harold, welcome to the dark side. Chris
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