RadioBanter - View Single Post - FCC, Forfeiture Orders and Pending Applications

April 21st 06, 07:24 PM posted to rec.radio.amateur.policy

wrote:
Oh and one more thing, just so I'm sure it's clear what I'm saying.
with 2 post I grab a few out othe first and respond here ok (well ok or
not here goes)
You know, I wasn't either until I started reading about this "Red Light
Rule" and portions of 47 U.S.C. that it refernced. I also started
looking at the NAL to FO process that is outlined there too. When I
found sections 402 and 503 that I quoted in a previous post in this
thread the reasons for the 30 days to pay an a lot of what the FCC was
saying in the NAL and FO started to make more sense. They are indeed
following the legal process to the letter

I have howver have read manuals of femderal procedures of the US courts
and come to defferent consluions Indeed I read the same twice in some
of these manuals and I come to defferent conclusionat times

liek I don't know and doubt a pro in feild would know but I would
adivise him to file a notice of appeal even if he is not ready to fille
the appeal I truly belive that even hand written note saying" I intend
to apeal" would put his foot in the door on the time line so to speak
the other point from your other letter two peices follow
On the control operator thing. I don't claim to fully understand this
issue of automatic control. Quite frankly I don't have any equipment
capable of such operation so it is not an issue I've had to deal with.
However, if you have a station that comes up and starts transmitting
automaticlly at a specific time of day say based upon a timer device
you purchased at Radio Shack, and said station started transmitting a
pre-recorded audio message on a ham frequency would that be legal?
and
No, I don't think he had a valid control operator a lot of the time.
Nobody was responsible for monitoring the station during operation and
that violates part 97 rules.
in the end I am not sure what you are supecting is in fact wrong He may
well not have been exercising his duties as control, but that is not or
at least legaly should not be the issue, the issue should is does the
FCC have proof that K1MAN was not exercising his responiblity at the
dates and time they claim. in theory we are still inocent till proven
gulty and still allowed Miranda rights to remain silent

There is a difference between the court activity that would "appeal"
this order and the court activity that would be used to collect the
fine. They would likely be in different courts at different times.

which complicates the whole mess
At the debt collection trial the FCC (Actually the DOJ at this point)
may manage to side step all of the rule violation debates by simply
saying that Baxter has already refused to avail himself of the proper
appeal process so his arguments are not valid in the debt collection
phase. I suppose that in an effort to be totally fair the judge over
the debt collection case will allow a limited debate of the facts
related to the Forfeiture Order but I doubt it will be allowed to go on
very long and I'm sure the judge will be keeping the arguments under
control.

Ever been to traffic court?
yes but this ain't traffic court
Let's say you get a ticket for running a
red light and you and the officer stand before the judge. The Officer
says you did it, you say you didn't. Who is the judge going to
believe? It won't be you. the Judge will patiently listen to all you
have to say that is even remotely relevant, and render a judgment
against you. That is of course if you don't come up with some hard
verifiable evidence to show what the Officer is saying is not true.

He has no hard evidence so Baxter will end up the same way.

and that may be the case but that isn't how it is SUPOSED to work. not
in the USA

Tthe FCC should have to prove its case and do so without trying to use
K1MAN refuasual to assist them as evedence that prevert Mirranda. In a
real court at some level I beleive that would be result NAL and FO
dismissed for lack of evedence therefore the licesne is ordered granted
by order of the court

It may not work that way but I belive based on what I have about the
case and when it coem down to it I have never heard K1man personaly nor
met him to my knowledge) so I have based my perceptions on the claims
of his detractors and it does not add up for to some for the Gov to act
against him on