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Author Topic: Executive Order -- Will this effect Ham Radio??  (Read 9723 times)
WB4LCN
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Posts: 133


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« on: July 09, 2012, 09:01:38 AM »


http://www.whitehouse.gov/the-press-office/2012/07/06/executive-order-assignment-national-security-and-emergency-preparedness-
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First, make it work, then make it pretty.
Yaesu Rigs: Kenwood TS-480HX, FT-8900R, FTM-350AR (Bluetooth motorcycle mobile), VX-8DR, SB-102 boat anchor (built one as a kid)

Moderate Spock: "Live for a reasonable amount of time and scrape by."
K7RBW
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Posts: 387




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« Reply #1 on: July 09, 2012, 12:14:25 PM »

Why would it? The section about the FCC seems pretty generic and non-threatening:

Quote
Sec. 5.6. The Federal Communications Commission performs such functions as are required by law, including:

(a) with respect to all entities licensed or regulated by the Federal Communications Commission: the extension, discontinuance, or reduction of common carrier facilities or services; the control of common carrier rates, charges, practices, and classifications; the construction, authorization, activation, deactivation, or closing of radio stations, services, and facilities; the assignment of radio frequencies to Federal Communications Commission licensees; the investigation of violations of pertinent law; and the assessment of communications service provider emergency needs and resources; and

(b) supporting the continuous operation and restoration of critical communications systems and services by assisting the Secretary of Homeland Security with infrastructure damage assessment and restoration, and by providing the Secretary of Homeland Security with information collected by the Federal Communications Commission on communications infrastructure, service outages, and restoration, as appropriate.

Isn't that what they do already?
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WB4LCN
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« Reply #2 on: July 09, 2012, 01:19:02 PM »

Good point.  Smiley
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First, make it work, then make it pretty.
Yaesu Rigs: Kenwood TS-480HX, FT-8900R, FTM-350AR (Bluetooth motorcycle mobile), VX-8DR, SB-102 boat anchor (built one as a kid)

Moderate Spock: "Live for a reasonable amount of time and scrape by."
N0SYA
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Posts: 362




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« Reply #3 on: July 11, 2012, 01:39:11 PM »

In a "national emergency" I figure the fedz will do whatever they want. I mean, they are _the law_, right?
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If you have a clumsy child, you make them wear a helmet. If you have death prone children, you keep a few clones of them in your lab.
LA9XSA
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Posts: 376




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« Reply #4 on: July 11, 2012, 02:42:46 PM »

Even in an emergency, laws have to be followed, but they have emergency powers that lets them do more than they otherwise would.

By the way, for international readers, it might be interesting to know that frequency coordination in the US is split into two. The NTIA, which is under the President, allocates frequencies to government agencies, and also to foreign embassies. The FCC, which is an independent body with members confirmed by the Senate, assigns frequencies in the commercial and private radio services like marine radio, amateur radio, broadcasting etc.
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W4HLN
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Posts: 47




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« Reply #5 on: July 12, 2012, 09:51:32 AM »

Read on....


(e) develop, maintain, and publish policies, plans, and procedures for the management and use of radio frequency assignments, including the authority to amend, modify, or revoke such assignments, in those parts of the electromagnetic spectrum assigned to the Federal Government; and


 AMEND MODIFY OR REVOKE!!

The Federal Government can do anything they please!

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LA9XSA
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Posts: 376




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« Reply #6 on: July 12, 2012, 10:56:26 AM »

You evidently didn't properly read and understand what you pasted.
Quote
in those parts of the electromagnetic spectrum assigned to the Federal Government
What's being talked about here is taking frequencies from one federal agency (military, DOJ, etc.) and giving them to another, if needed. This is the spectrum managed by the NTIA, not the FCC.

The federal government is bound by the law even in emergencies, but the law may give them greater powers in a state of emergency.
« Last Edit: July 12, 2012, 10:59:54 AM by LA9XSA » Logged
W4HLN
Member

Posts: 47




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« Reply #7 on: July 12, 2012, 11:27:24 AM »

You say..

"The federal government is bound by the law even in emergencies, but the law may give them greater powers in a state of emergency."


ROFL!

Yea Right!

Dream on!
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LA9XSA
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Posts: 376




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« Reply #8 on: July 12, 2012, 01:49:46 PM »

Are you feeling OK there, W4HLN? You seem distressed, and without any arguments to support your assertion.

The President has the power to shut down amateur radio, as in WWII, but he already has that power by law. This new executive order doesn't change that at all. The President can't grant himself powers he doesn't already have, and yes the Constitution and the law still applies in an emergency.
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KE4DRN
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Posts: 3721




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« Reply #9 on: July 12, 2012, 06:20:34 PM »

hi,

in the current ARRL Letter, ARRL says no impact to Amateur Service.

http://www.arrl.org/arrlletter?issue=current#toc01

this summary is interesting...

The system includes a number of programs, such as the Government Emergency Telecommunications Service (GETS), which allow federal agencies to access telephone and wireless service in the event of high-outages or services disruptions.

Its tagline is "When the going gets tough, GETS keeps you going."

They will access the systems in the event of high outages?
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N0SYA
Member

Posts: 362




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« Reply #10 on: July 12, 2012, 07:04:02 PM »

Probably meaning they will take by force whatever is still working at the time.
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If you have a clumsy child, you make them wear a helmet. If you have death prone children, you keep a few clones of them in your lab.
WB9YCJ
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Posts: 283




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« Reply #11 on: August 17, 2012, 12:31:24 AM »

A digitally doctored birth certificate was posted on the WH website, so, I dont believe much posted there.
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KC9WLF
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Posts: 6




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« Reply #12 on: August 19, 2012, 10:01:00 PM »

Are you feeling OK there, W4HLN? You seem distressed, and without any arguments to support your assertion.

The President has the power to shut down amateur radio, as in WWII, but he already has that power by law. This new executive order doesn't change that at all. The President can't grant himself powers he doesn't already have, and yes the Constitution and the law still applies in an emergency.

Very true. The President merely need the invocation of the War Powers Act of 1973; 50 U.S.C. 1541-1548.

Reagan, Clinton, and Obama, all disregarded this law for Congressional notification and authorization, stating that they believed such to be unconstitutional. So much for the law.
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W8JI
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« Reply #13 on: August 20, 2012, 12:52:06 PM »

No wonder our country is falling apart at the seams. Our country is now full of paranoids.
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WB6BYU
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Posts: 13139




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« Reply #14 on: August 20, 2012, 01:21:08 PM »

Quote from: KE4DRN

They will access the systems in the event of high outages?



The cell phone system has always had user priorities built into it.  At least the first versions
did that were described to me in the late 1980s or so, and I don't imagine it has been
removed.

If you are on a call and a higher priority user needs the link, you get disconnected.  This is
particularly important during those times such as after a disaster when the network is up
but it is jammed with users checking on family members or trying to get more information,
or when only a few sites remain operational.
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