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![]() "Michael Houghton" wrote in message ... How do you infer that from the plain text of the FARs (especially considering the guidance the AIM offers)? FAR 91.130 - Operations in Class C airspace. (c) Communications. Each person operating an aircraft in Class C airspace must meet the following two-way radio communications requirements: (1) Arrival or through flight. Each person must establish two-way radio communications with the ATC facility (including foreign ATC in the case of foreign airspace designated in the United States) providing air traffic services prior to entering that airspace and thereafter maintain those communications while within that airspace. Here's the plain text of an applicable FAR, what do you infer from it? FAR 91.123 Compliance with ATC clearances and instructions. (b) Except in an emergency, no person may operate an aircraft contrary to an ATC instruction in an area in which air traffic control is exercised. I also note that it never speaks of "clearance", but "ATC authorization". Correct. Unless a two-way radio communication with the ATC facility includes an explicit "remain clear", that communication authorizes entry into the Class C airspace. Also correct, if you had read the thread from the beginning you'd know there was an explicit "remain clear" in this case. Do you have an authoritative statement that shows otherwise? Or are you just waving your hands furiously? I have provided applicable documentation. Pray tell which FARs you are reading that say what you seem to think they say? FAR 91.123 Compliance with ATC clearances and instructions. (b) Except in an emergency, no person may operate an aircraft contrary to an ATC instruction in an area in which air traffic control is exercised. The only thing the 91.130 is at all vague about (and it may well be defined elsewhere -- I didn't look) is what consitutes "establishes two-way radio communication". If the FAR isn't clear enough, the AIM certainly is. No. FARs 91.130 make no reference to a specific instruction (such as a clearance). It merely requires the establishment of two-way radio communication. See my excerpt above. Are you saying that ATC cannot instruct an aircraft to remain outside of Class C airspace? No, he's not. If a communication includes "remain clear", then you don't enter. If it doesn't include that magic phrase, you are permitted to enter the airspace. Period. Stop. End of story. In this case the communication did include "remain clear". Because failure to repeat the instruction would create the condition permitting entry into the airspace. Are you saying ATC instructions are valid only until the next communications exchange? What do you base that on? [snip remainder of "I know you are but what am I" mindless repetition of unsupportable position by Steve] If you had read the entire thread you'd have seen I did provide supporting documentation. |
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Howdy!
In article .net, Steven P. McNicoll wrote: "Michael Houghton" wrote in message ... How do you infer that from the plain text of the FARs (especially considering the guidance the AIM offers)? FAR 91.130 - Operations in Class C airspace. (c) Communications. Each person operating an aircraft in Class C airspace must meet the following two-way radio communications requirements: (1) Arrival or through flight. Each person must establish two-way radio communications with the ATC facility (including foreign ATC in the case of foreign airspace designated in the United States) providing air traffic services prior to entering that airspace and thereafter maintain those communications while within that airspace. Here's the plain text of an applicable FAR, what do you infer from it? FAR 91.123 Compliance with ATC clearances and instructions. (b) Except in an emergency, no person may operate an aircraft contrary to an ATC instruction in an area in which air traffic control is exercised. That clause is not relevant to the matter at hand. Two-way radio communication is established by the controller's use of the aircraft's N-number (for whatever value of "N" obtains). That establishment authorized entry into the Class C airspace per 91.130.c.1. If the controller includes the instruction "remain clear" in the communication, then the pilot has been given a specific instruction to follow. Absent that instruction, the two-way communication authorizes entry into the Class C. Under your interpretation, there would be no way to enter the airspace once a "remain clear" instruction was given, since there is no specific phrasing or instruction express or implied that would affirmatively authorize entry. That is nonsensical. [snip] Unless a two-way radio communication with the ATC facility includes an explicit "remain clear", that communication authorizes entry into the Class C airspace. Also correct, if you had read the thread from the beginning you'd know there was an explicit "remain clear" in this case. One communication said "remain clear". A subsequent communication did not. That second communication offered no instructions preventing the pilot from entering per 91.123.c.1. Thus, the entry was in accordance with the FARs. Do you have an authoritative statement that shows otherwise? Or are you just waving your hands furiously? I have provided applicable documentation. No. You have not. You have mentioned a FAR clause that doesn't speak to the question. You have not offered anything that clearly supports your claim. 91.123 applies broadly. In the context of 91.130, it provides a way for a controller to establish two-way radio communication without allowing an airplane into the Class C airspace. However, "November 1234, where ya goin?" contains no ATC instructions, but does establish two-way radio communication. [snip] The only thing the 91.130 is at all vague about (and it may well be defined elsewhere -- I didn't look) is what consitutes "establishes two-way radio communication". If the FAR isn't clear enough, the AIM certainly is. I believe the AIM clearly articulates that using the N-number is the secret handshake that formally established two-way radio communication. 91.130 is (quite reasonably) silent on that point. No. FARs 91.130 make no reference to a specific instruction (such as a clearance). It merely requires the establishment of two-way radio communication. See my excerpt above. Are you saying that ATC cannot instruct an aircraft to remain outside of Class C airspace? No. I never said that. I repeat: each communication with the N-number constitutes two-way radio communication that authorized entry unless it includes explicit instruction to the contrary. The alternative is to require ATC to explicitly and formally authorized entry (they can't "clear" you - it isn't a "clearance"). What is the approved phraseology for doing that? I'm not an expert, but I'm not aware of any such. No, he's not. If a communication includes "remain clear", then you don't enter. If it doesn't include that magic phrase, you are permitted to enter the airspace. Period. Stop. End of story. In this case the communication did include "remain clear". Not the one that was the basis for heading in... Because failure to repeat the instruction would create the condition permitting entry into the airspace. Are you saying ATC instructions are valid only until the next communications exchange? What do you base that on? I'm saying that the "remain clear" instruction only lasts until the next communication that does not also include a "remain clear". I'm not generalizing to other instructions -- strictly the "remain clear" one. [snip remainder of "I know you are but what am I" mindless repetition of unsupportable position by Steve] If you had read the entire thread you'd have seen I did provide supporting documentation. I've read the thread. I have not see supporting documentation. I've seen unsupported references to some mysterious ATC phraseology that no one has articulated. I've seen the assertion of an interpretation that would make it impossible to ever enter a Class C once told to "remain clear". I've seen the assertion that the controller should accept a request for clearance into a Class C with a clearance despite the fact that there is no such clearance. I stand by my summary. yours, Michael -- Michael and MJ Houghton | Herveus d'Ormonde and Megan O'Donnelly | White Wolf and the Phoenix Bowie, MD, USA | Tablet and Inkle bands, and other stuff | http://www.radix.net/~herveus/ |
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![]() "Michael Houghton" wrote in message ... That clause is not relevant to the matter at hand. Why not? Two-way radio communication is established by the controller's use of the aircraft's N-number (for whatever value of "N" obtains). That establishment authorized entry into the Class C airspace per 91.130.c.1. If the controller includes the instruction "remain clear" in the communication, then the pilot has been given a specific instruction to follow. Absent that instruction, the two-way communication authorizes entry into the Class C. That's correct, and since the controller in this case included an instruction to "remain clear" the aircraft is not authorized to enter Class C airspace. Under your interpretation, there would be no way to enter the airspace once a "remain clear" instruction was given, since there is no specific phrasing or instruction express or implied that would affirmatively authorize entry. That is nonsensical. Let's see, you say specific phrasing is needed to override an instruction to remain clear, no such specific phrase exists, so therefore aircraft cannot be instructed to remain clear. Is that about right? So why, then, does the AIM say that aircraft can be instructed to remain clear? One communication said "remain clear". A subsequent communication did not. That second communication offered no instructions preventing the pilot from entering per 91.123.c.1. Thus, the entry was in accordance with the FARs. So you're saying that ATC instructions given in one transmission are cancelled in subsequent instructions unless they are restated. Do you have a reference for that? No. You have not. You have mentioned a FAR clause that doesn't speak to the question. Right. The FAR about ATC instructions that doesn't speak to the question before us, which is "when does a 'remain clear' instruction end?" You have not offered anything that clearly supports your claim. I've offered portions of the FARs, the AIM, and FAA Order 7110.65. If those documents don't pertain to this issue no document does. 91.123 applies broadly. I thought you said it didn't apply at all? In the context of 91.130, it provides a way for a controller to establish two-way radio communication without allowing an airplane into the Class C airspace. Make up your mind. Can ATC issue an instruction to remain clear of Class C airspace or not? However, "November 1234, where ya goin?" contains no ATC instructions, but does establish two-way radio communication. Correct. What's your point? I believe the AIM clearly articulates that using the N-number is the secret handshake that formally established two-way radio communication. 91.130 is (quite reasonably) silent on that point. The AIM also clearly articulates that if workload or traffic conditions prevent immediate provision of Class C services, the controller can instruct the pilot to remain outside the Class C airspace. No. I never said that. I repeat: each communication with the N-number constitutes two-way radio communication that authorized entry unless it includes explicit instruction to the contrary. That's ridiculous. What led you to that absurd conclusion? The alternative is to require ATC to explicitly and formally authorized entry (they can't "clear" you - it isn't a "clearance"). What is the approved phraseology for doing that? I'm not an expert, but I'm not aware of any such. Well, as it happens, I am an expert. Review my previous statements on this matter for the answer. Not the one that was the basis for heading in... There was no communication that formed the basis for heading in. The pilot screwed up. I'm saying that the "remain clear" instruction only lasts until the next communication that does not also include a "remain clear". I'm not generalizing to other instructions -- strictly the "remain clear" one. That's ridiculous. What led you to that absurd conclusion? I've read the thread. I have not see supporting documentation. Those statements are mutually exclusive. The documentation is there, if you didn't see it you didn't read the entire thread. |
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Howdy!
In article .net, Steven P. McNicoll wrote: "Michael Houghton" wrote in message ... That clause is not relevant to the matter at hand. Why not? keep reading... Two-way radio communication is established by the controller's use of the aircraft's N-number (for whatever value of "N" obtains). That establishment authorized entry into the Class C airspace per 91.130.c.1. If the controller includes the instruction "remain clear" in the communication, then the pilot has been given a specific instruction to follow. Absent that instruction, the two-way communication authorizes entry into the Class C. That's correct, and since the controller in this case included an instruction to "remain clear" the aircraft is not authorized to enter Class C airspace. Where, in "N1234, radar contact." is there a "remain clear" instruction? Conversation: N1234: Podunk, I want to go through your Class C. Podunk: N1234, remain clear. (N1234 toodles along remaining clear) Podunk: N1234, what are you intentions? (N1234 heads into Class C) Now, I'm not specifying how much time elapses between the two transmissions from Podunk. I'll posit that N1234 did not land during that time. I think this is really close to the original poster's scenario. Under your interpretation, there would be no way to enter the airspace once a "remain clear" instruction was given, since there is no specific phrasing or instruction express or implied that would affirmatively authorize entry. That is nonsensical. Let's see, you say specific phrasing is needed to override an instruction to remain clear, no such specific phrase exists, so therefore aircraft cannot be instructed to remain clear. Is that about right? So why, then, does the Not close. I say there is no way to *permit* an aircraft to enter once told to remain clear, under your interpretation. If specific phrasing were needed, one would expect to find it addressed in the controllers handbook. Pray give the relevant citation that provides this guidance to controllers. After all, they are expected to be conversant with this kind of stuff. AIM say that aircraft can be instructed to remain clear? One communication said "remain clear". A subsequent communication did not. That second communication offered no instructions preventing the pilot from entering per 91.123.c.1. Thus, the entry was in accordance with the FARs. So you're saying that ATC instructions given in one transmission are cancelled in subsequent instructions unless they are restated. Do you have a reference for that? I say that the instruction to "remain clear" in reference to Class C (and probably Class D as well) airspace is voided by subsequent transmissions. I don't have a specific reference for that, but you have no provided a reference that specifically supports your contention. No. You have not. You have mentioned a FAR clause that doesn't speak to the question. Right. The FAR about ATC instructions that doesn't speak to the question before us, which is "when does a 'remain clear' instruction end?" Perzackly. I'm still waiting for you. You have not offered anything that clearly supports your claim. I've offered portions of the FARs, the AIM, and FAA Order 7110.65. If those documents don't pertain to this issue no document does. You have not offered citations that support your specific claim. You refer vaguely to documents, but you don't cite chapter and verse that support you. In fact, some of the materials you reference rebut you. 91.123 applies broadly. I thought you said it didn't apply at all? I said that it was not relevant to the specific question. Please read my words with greater care and attention. [snip have-you-stopped-beating-your-wife non-question] However, "November 1234, where ya goin?" contains no ATC instructions, but does establish two-way radio communication. Correct. What's your point? Which part of "establish two-way radio communication" escaped your notice? I believe the AIM clearly articulates that using the N-number is the secret handshake that formally established two-way radio communication. 91.130 is (quite reasonably) silent on that point. The AIM also clearly articulates that if workload or traffic conditions prevent immediate provision of Class C services, the controller can instruct the pilot to remain outside the Class C airspace. Yep. I've never said otherwise, despite your persistent attempt to insinuate the contrary. ....and ATC can also elect to simply not respond to a radio call.. If ATC does respond with the tail number, they establish two-way radio communications. If they want the aircraft to remain clear, they have to say so each time they talk. No. I never said that. I repeat: each communication with the N-number constitutes two-way radio communication that authorized entry unless it includes explicit instruction to the contrary. That's ridiculous. What led you to that absurd conclusion? It's not absurd. If it doesn't work the way I claim, then how does one get authorization to enter once a remain clear instruction has been given? FAR 91.130(c)1 simply requires the establishment of two-way radio communications. There is no hint of the mechanism by which one would be released from a "remain clear" instruction if it survived subsequent two-way radio communications. The alternative is to require ATC to explicitly and formally authorized entry (they can't "clear" you - it isn't a "clearance"). What is the approved phraseology for doing that? I'm not an expert, but I'm not aware of any such. Well, as it happens, I am an expert. Review my previous statements on this matter for the answer. Pray back you expertise with specific citations (not broad references to whole documents). I've bothered to cite what appears to be the relevant clause of the relevant FAR section... [snip further asertion of violation followed by "I know you are but what am I"] I've read the thread. I have not see supporting documentation. Those statements are mutually exclusive. The documentation is there, if you didn't see it you didn't read the entire thread. I saw hand-waving and unsupported assertions. I didn't see specific citations of supporting documentation that spoke clearly to the matter at hand. yours, Michael -- Michael and MJ Houghton | Herveus d'Ormonde and Megan O'Donnelly | White Wolf and the Phoenix Bowie, MD, USA | Tablet and Inkle bands, and other stuff | http://www.radix.net/~herveus/ |
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![]() "Michael Houghton" wrote in message ... Where, in "N1234, radar contact." is there a "remain clear" instruction? We've been over this already. The instruction to remain clear was in the first exchange. Conversation: N1234: Podunk, I want to go through your Class C. Podunk: N1234, remain clear. (N1234 toodles along remaining clear) Podunk: N1234, what are you intentions? (N1234 heads into Class C) Now, I'm not specifying how much time elapses between the two transmissions from Podunk. I'll posit that N1234 did not land during that time. I think this is really close to the original poster's scenario. Were you trying to make a point? Not close. I say there is no way to *permit* an aircraft to enter once told to remain clear, under your interpretation. Why not? If specific phrasing were needed, one would expect to find it addressed in the controllers handbook. Why would one expect that? Are all possible phrases which can be used in ATC addressed in the controller's handbook? I say that the instruction to "remain clear" in reference to Class C (and probably Class D as well) airspace is voided by subsequent transmissions. I don't have a specific reference for that, but you have no provided a reference that specifically supports your contention. Your contention is illogical, I have provided specific references from the FARs, the AIM, and FAAO 7110.65. Perzackly. I'm still waiting for you. Are you playing some kind of game here or are you really that stupid? You have not offered citations that support your specific claim. You refer vaguely to documents, but you don't cite chapter and verse that support you. There is no chapter and verse that says an aircraft instructed to remain clear of Class C airspace must remain clear until it receives an instruction that permits it to enter Class C airspace. That is understood simply because it can be no other way. In fact, some of the materials you reference rebut you. Ya think? What materials, specifically, rebut me. Cite chapter and verse. I said that it was not relevant to the specific question. Please read my words with greater care and attention. Please explain why it is not relevant to the specific question. Which part of "establish two-way radio communication" escaped your notice? None of it. What's your point with regard to the matter under discussion? Yep. I've never said otherwise, despite your persistent attempt to insinuate the contrary. Well, if you didn't, someone else is using your system. At 15:54:28 PST on 2004-02-20 the following message was posted by Michael Houghton ): Howdy! In article et, Steven P. McNicoll wrote: "Michael Houghton" wrote in message ... Take a good look in the mirror, Steve. For what? You cleverly omitted the context for that remark. You said: Actually, the issue is cut and dried. From the direction this thread's taken it's clear that some pilots have a poor understanding of regulations and procedures with regard to Class C airspace. Since you didn't get it the first time, let me be blunt: I place you at the head of the class you describe -- pilots with a poor understanding of FAR 91.130. I'm not a pilot. I'm a pilot wannabe without the time or spare money to do anything about it. I can read the FARs, apparently better than you. You're absolutely right. The pilot in the original message had satisfied the conditions required for entry into Class C airspace. No violation of ATC instruction occurred. The pilot in the original message was issued the instruction "after departure remain clear of the class C airspace" by ATC. After departure he proceeded to enter Class C airspace. Please explain how the pilot did not violate that instruction and FAR 91.123(b). As I've said a number of times, FAR 91.130.c.1 authorizes entry upon the establishment of two-way radio communication. In the case at hand, the pilot did not enter Class C airspace until he had received communication from ATC that included his tail number and that did NOT include an instruction to "remain clear". Thus 91.130.c.1 was satisfied, and 91.123(b) was not violated. yours, Michael -- Michael and MJ Houghton | Herveus d'Ormonde and Megan O'Donnelly | White Wolf and the Phoenix Bowie, MD, USA | Tablet and Inkle bands, and other stuff | http://www.radix.net/~herveus/ ...and ATC can also elect to simply not respond to a radio call.. If ATC does respond with the tail number, they establish two-way radio communications. If they want the aircraft to remain clear, they have to say so each time they talk. Where did you get the idea that ATC instructions are cancelled if not restated in subsequent unrelated communications? Please cite chapter and verse. It's not absurd. It is absurd and you haven't answered the question. If it doesn't work the way I claim, then how does one get authorization to enter once a remain clear instruction has been given? Via radio, in the form of an instruction that permits entry. I've stated that several times in this thread. FAR 91.130(c)1 simply requires the establishment of two-way radio communications. And FAR 91.123(b) says no person may operate an aircraft contrary to an ATC instruction in an area in which air traffic control is exercised, except in an emergency. So if you establish two-way radio communications but are instructed to remain outside Class C airspace you must remain outside Class C airspace until told otherwise. That is a very simple concept, yet it seems beyond your ability to understand. What is your education level? How old are you? There is no hint of the mechanism by which one would be released from a "remain clear" instruction if it survived subsequent two-way radio communications. The mechanism is an instruction to the contrary. What else could it be? Pray back you expertise with specific citations (not broad references to whole documents). I've bothered to cite what appears to be the relevant clause of the relevant FAR section... You've provided nothing that supports your illogical assertion that an instruction to remain clear of Class C airspace is cancelled by subsequent unrelated communications. I saw hand-waving and unsupported assertions. I didn't see specific citations of supporting documentation that spoke clearly to the matter at hand. Why do you believe the illogical position unsupported by specific citations holds sway over the logical position unsupported by specific citations? |
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Howdy!
In article .net, Steven P. McNicoll wrote: "Michael Houghton" wrote in message ... Where, in "N1234, radar contact." is there a "remain clear" instruction? We've been over this already. The instruction to remain clear was in the first exchange. OK. And the second exchange fully satisfied the terms as laid out in 7110.65. The controller responded to a radio call using the caller's aircraft number. That plainly, according to the direction given controllers, permitted entry into the Class C airspace. Why does the general "follow all instructions" FAR clause supercede a more specific clause as pertains to entering Class C airspace? Conversation: N1234: Podunk, I want to go through your Class C. Podunk: N1234, remain clear. (N1234 toodles along remaining clear) Podunk: N1234, what are you intentions? (N1234 heads into Class C) Now, I'm not specifying how much time elapses between the two transmissions from Podunk. I'll posit that N1234 did not land during that time. I think this is really close to the original poster's scenario. Were you trying to make a point? Yes. One which you seem incapable of grasping, given the manifold ways it has been presented to you. Not close. I say there is no way to *permit* an aircraft to enter once told to remain clear, under your interpretation. Why not? If specific phrasing were needed, one would expect to find it addressed in the controllers handbook. Why would one expect that? Are all possible phrases which can be used in ATC addressed in the controller's handbook? One finds phraseology sections throughout the controller's handbook. They offer specimen phrasing. Not having read it completely, it may, at times, prescribe specific phraseology for certain tasks. In the case of explictly *permitting* entry into class C, there is no phraseology offered that contains an instruction to enter. There is an example of how to instruct an aircraft to remain clear. You assert that certain conditions require affirmative instruction to enter. Where, in the controller's handbook, is that claim supported? I say that the instruction to "remain clear" in reference to Class C (and probably Class D as well) airspace is voided by subsequent transmissions. I don't have a specific reference for that, but you have no provided a reference that specifically supports your contention. Your contention is illogical, I have provided specific references from the FARs, the AIM, and FAAO 7110.65. No, you have not provided citations. I can amend my assertion based on actually looking at the controller's handbook. The "remain clear" instruction has no force after a subsequent call from the aircraft and response from the controller that includes the calling aircraft's tail number. That's a plain reading of 7-8-4 (if I remember the reference correctly). That paragraph does clearly state that the controller must specifically instruct the caller to remain clear, if they use the tail number in their response. Perzackly. I'm still waiting for you. Are you playing some kind of game here or are you really that stupid? You might ask yourself that same question. I'm simply calling you on your fallacious claims. You have not offered citations that support your specific claim. You refer vaguely to documents, but you don't cite chapter and verse that support you. There is no chapter and verse that says an aircraft instructed to remain clear of Class C airspace must remain clear until it receives an instruction that permits it to enter Class C airspace. That is understood simply because it can be no other way. You keep saying that. Repetition does not make it so. Reread the controller's handbook carefully, paying close attention to how one handles Class C airspace. In fact, some of the materials you reference rebut you. Ya think? What materials, specifically, rebut me. Cite chapter and verse. ---begin citation http://www.faa.gov/atpubs/ATC/Chp7/atc0708.html#7-8-4 FAA Order 7110.65P Chapter 7. Visual Section 8. Class C Service- Terminal 7-8-4. ESTABLISHING TWO-WAY COMMUNICATIONS (1) Class C service requires pilots to establish two-way radio communications before entering Class C airspace. (2) If the controller responds to a radio call with, "(a/c call sign) standby," radio communications have been established and the pilot can enter Class C airspace. (3) If workload or traffic conditions prevent immediate provision of Class C services, inform the pilot to remain outside Class C airspace until conditions permit the services to be provided. PHRASEOLOGY- (A/c call sign) REMAIN OUTSIDE CHARLIE AIRSPACE AND STANDBY. ---end citation http://www.faa.gov/atpubs/ATC/Chp7/atc0708.html#7-8-4 I've taken the liberty of numbering the sentences for clear reference. Let's consider what it says. Sentence (1) recites the requirement given in FAR 91.130(c)1 of the precondition for entry. Sentence (2) gives a condition ("if the controll responds...with...") and a consequence of satisfying that condition (communication established (definition) and entry authorized (action permitted)). Sentence (3) provides a way for the controller to tell the pilot to keep out. Finally, the PHRASEOLOGY annotation "denotes the prescribed words and/or phrases to be used in communications." (7110.65P 1-2-5.g) I've made the mistake of assuming that you were a reasoning and reasonable person, but you persist in asserting conditions that are clearly not supported by the document that "... prescribes air traffic control procedures and phraseology for use by personnel providing air traffic control services. Controllers are required to be familiar with the provisions of this order that pertain to their operational responsibilities..." (7110.65P Foreward [over signatore of David B. Johnson, Director of Air Traffic]) If I've missed the section that says otherwise, please cite it specifically. I don't claim to be omniscient. [snip semantic null non-response] yours, Michael -- Michael and MJ Houghton | Herveus d'Ormonde and Megan O'Donnelly | White Wolf and the Phoenix Bowie, MD, USA | Tablet and Inkle bands, and other stuff | http://www.radix.net/~herveus/ |
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