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Old April 20th 06, 09:50 PM posted to rec.radio.amateur.policy
 
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Default FCC, Forfeiture Orders and Pending Applications

By my count, he has 7 days left to appeal or this Forfeiture Order will
be final invoking the Red Light Rule which will cause the rejection of
the renewal application and the loss of his operating privileges.

The only part of the NAL that I've even heard an argument about in this
forum is the broadcasting charge, and all the arguments used where
dismissed by the FCC in the Forfeiture Order. The failure to answer
their questions, causing interference, failure to ID, and lack of
proper station control charges are by all accounts slam dunks for the
FCC. There may be an appeal, but I'd bet it will be a *short* one.

I think the FCC is intentionally waiting for the Forfeiture Order to
become final so they can reject the renewal application. It then
becomes a no questions asked decision that is *clearly* the FCC
following their procedures to the letter. It will side step a whole
bunch of issues that K1MAN would love to try and use to muddy the water
in court. What do they have to loose here? Nothing but time and a
whole lot of trouble.

Think of it from their perspective. We wait until the fines become
final then flush the renewal application due to the Red Light Rule if
he refuses to pay. If he starts to talk about paying up you either ask
for the $21k up front or you get an agreement from him that his renewal
gets flushed (along with a other conditions) when he tries to get on
the "easy checks" payment plan. In the unlikely event he comes up with
the $21k to pay the fine the issue is closed, so you use the issue to
reject the still pending application for renewal. Anyway you slice
this the license is history. Why get wrapped up in a brawl about the
renewal? Just be patient and do it the easy way.

The only thing K1MAN can do now is delay things, and even that may not
be for very long.

I think the FCC is playing from the position of strength and we are but
a few moves away from "Check and Mate" no matter what this guy does.
There just remains some question about the number of moves before the
game over the license is over, but it's going to be over with the FCC
on top.

Then the real fun will begin... I guess they won't be able to fine him
for not providing his call every 10 min.. He won't have one.