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Old April 24th 06, 07:17 AM posted to rec.radio.amateur.policy,rec.radio.amateur.misc
 
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Default K1MAN'S NAL AND FO SHOULD BE NOW A VOID

Of course they could just hold the hearing and reject the renewal on
"enforcement" grounds. No need to invoke the "Red Light Rule" if it has
been really struck down by this decision. I would wager that once the
FO is final (which is in a few days unless appealed) that would be
justification enough to reject the application and make it stick.

That would land them in court for sure, but they are headed there
anyway so why not? Baxter could save some money and argue the whole
shootin match at once, in one trip to DC. All they would have to do is
prove one of the "enforcement" issues in the FO and the license is
history. Seems likely to me that they will get at least one of the
issues to stick if they have two witnesses like they claim in the NAL
and FO.

I'm still trying to confirm the order that N9OGL posted here
independently, but if it's valid, it sure seems to put the "red light
rule" on ice at just the right time to make this interesting. (Got to
get a PACER account set up so I can look at the DC Circuit's issued
orders and such).

KC4UAI