
 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,
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 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
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                                              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

