On Mon, 10 Jan 2005 09:34:14 -0600, Todd Daugherty wrote:

The ONLY reason [ note the emphasis ] that there is a "Low Power FM"
service is that Judge Claudia Wilkin of the Federal District Court
for the Northern District of California, Oakland Division was
refusing to enjoin Stephen Dunifer and his alter-ego "Free Radio
Berkeley" from transmitting without authorization unless the FCC
started that service, and she sat on that ruling for two years,
while other judges issued such injunctions without any delay.

NO the only reason low power FM was created was due to the continued growth
of pirate radio.

You are telling me "NO" when I was the one who prepared all the
paperwork for the Dunifer case, read every filing, and sat at the
table for each and every hearing?

What planet are you living on, fella? That was MY case.

It's really shame to since Dunifer can apply for
license since the Radio Broadcast Preservation Act of 2000 bars all pirates
from getting a license.

You must have made a typo - Mister Dunifer cannot be granted a
license. Plain fact. The choice was his.

So my opinion of the FCC is that they are nothing buts LIARS, and
are below pond scum.

All because they decided that you didn't quailfy for a waiver....

There's a difference at a denial and a dismissal....and the courts have also
told the FCC that they must take a serious look at waivers. That includes
the reason while there is a denial of the waiver so that person can file a
appeal in the US court of Appeal. .

Most probably the waiver was denied and the application was dismissed.
The net result was that you didn't get the license.

Notice your own words -- MAY consider. Not must consider. And even
if they did consider, they are under no obligation to grant said
waiver - especially of filing windows. In that regard, if everyone
else has to wait for a window YOU have to wait for one as well. What
makes your "good cause" more gooder than the next person's "good
cause"?

yes but they must either grant and deny a license. and waiver may be
consider at anytime filing windows don't apply.

Please explain this in English. Also regard your own word "may".
Even if they did consider it, it can be denied. What part of the
process do you fail to understand?

Don't feel too bad. Some of the waivers that I have applied for on
behalf of clients have been granted, some have been denied. It's a
crapshoot and a regular part of the regulatory game. Get used to it.

I also think that by
dismissing my the commission has hurt this community by not consider the
waiver for a "community that has no local television service"

Your thoughts and the Commission;s obligations are two different
things, it appears.

So where is the public interest? Others? what others?

Every other applicant who missed the filing window.

Not that many people in this community can afford to apply for a license
or could care less to apply for a license.

Ah, in other words the community isn't really panting for the station.
Mister Daugherty wants the station..... Now the picture becomes clearer.

Namecalling will get you very far in this business, friend.

Anyone can ask for a waiver - no lie there. Whether the waiver will
be granted or not depends on what the applicant wants the Commission
to waive.

Again they have to grant or deny a application and show good cause why it's
in the public interest to deny the license and waiver.

Missing the filing window is prima facie "good cause" for returning
the applicatin as defective, which apparently they did. You were
free to appeal to the full Commission and from there to the U S
Court of Appeals for the District of Columbia. By not doing so, you
lost your chnace to get the decision reversed.

And you are misinterpreting the "public interest" requirement. The
Comm Act mandates the Commission to make a finding that the public
interest will be served before granting a license. It does not
mandate the Commission to show why a dismissal is in the public
interest, only that the dismissal must be according to the established
Rules and other applicable law.

Looks like you are unlettered in Federal Administrative Law as well.

Stay warm, Todd. It's cold out there.

--
73 de K2ASP - Phil Kane