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K1MAN wins again!
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April 26th 06, 04:09 AM posted to rec.radio.amateur.misc,rec.radio.amateur.policy
an old freid to some a nightmare to steve
Posts: n/a
K1MAN wins again!
wrote:
Lloyd,
The Red Light Rule being history does not effect the FO, it only could
possibly effect how his license is not renewed. If it's not appealed,
the FO will become final and Baxter will owe $21K to the FCC. Once the
debt collection practices of the FCC get fixed, Baxter will be one of
the first to get the new rules used on him.
All they have to do is deny his renewal application on "enforcement
grounds" and it's over. This just takes away an "easy" out for the FCC
with Baxter's renewal. They will get dragged into court over this, but
it won't amount to much. Even a first year law student could see the
legal problems that Baxter will face in such a hearing will be hard to
over come.
I am not sure they CAN choose that route at this point having already
cited the now discredited red light rule
All they have to do is point to the NAL and FO and say, "The commission
does not believe this applicant has shown the proper respect to the
commissions rules so his application for renewal should be denied."
Prove one of the more serious rule violations and voila it's over and
K1MAN becomes a highly prized vanity call sign available in about 2
years..
given the failure to cite there are still things like double jepardy
etc, it might be possible for the FCC to do so now but I don't think so
I think they have to grant the renewal now then fight the NAL and
decide to try and cancell K1MAN, But truley I recomend a lawyer to
Baxter esp RIGHT NOW a screww up here could be very costly
Of course Baxter will come in and "help" his case by all the misplaced
legal theory and personal dislike he has for the FCC's legal team.
Could be fun to watch him get his clock cleaned in court.
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