5 November 2004

The FCC has upheld a $10,000 fine against a man it says ran an illegal
station out of a restaurant in Orlando, Fla.

Everald Oliver Brown had appealed the 2003 fine, arguing that he didn't
respond to the first notice issued after field agents spoke to him at the
station because he thought it was a warning only. He also said he was under
the impression someone was applying for a station license. The agency said
Brown indicated he would send his credit report to the commission, to back
up his claim that he could not afford to pay the penalty.

The commission says it didn't get that credit report and regardless of
whether he is the station owner, he was broadcasting illegally and is liable
for the $10,000.
The agency also upheld an earlier fine of $10,000 against David Michael Oaks
for operating an illegal station in Beaverton, Ore.

Oaks said he realized his transmitter was exceeding allowable power limits
for an unlicensed Part 15 transmitter, and he tried to lower the power each
time he received a notice to this effect but was confused about how far over
the limits his power levels were.

The commission didn't accept this argument and reaffirmed the fine.

http://www.rwonline.com/dailynews/index.php

This is an FCC fine, not a court-ordered one if it is the FCC that
upheld it. That means they ahve no way to collect it except by
holding up any other FCC licenses or whining to credit bureaus(if they
even do that).

Remeber the Janet Jackson issue? The FCC wanted to fine her,but
soon realized they would be unable to do anything if she refused to
pay as she does not hold any FCC licenses to revoke.

Only court-ordered fines can be imposed using threats of jail
time. I would advise closing bank accounts if you are ducking a
court-ordered fine, but these guys have no more power than a
credit-card company. this fine is like a parking ticket against
someone with no license plates or drivers license, and just as
uncollectable.

So there, little Powell!

WSQTradio wrote:

I would advise closing bank accounts if you are ducking a
court-ordered fine, but these guys have no more power than a
credit-card company.

Keep in mind that garnishing bank accounts is only one method of collecting
judgements. Garnishing wages, placing liens on property and foreclosures
are others.

"CA was in NJ"
SHOT_ON_SIGHT wrote in
message ...
WSQTradio wrote:

I would advise closing bank accounts if you are ducking a
court-ordered fine, but these guys have no more power than a
credit-card company.

Keep in mind that garnishing bank accounts is only one method of
collecting
judgements. Garnishing wages, placing liens on property and foreclosures
are others.


Realistically there is no way to avoid a court-ordered fine without going to
jail or columbia.

The whole point is that these are NOT court-ordered fines, only
administrative penalties that can only be enforced by whining to
credit agencies or witholding licenses-wait a minute, WHAT license?

Even CRIMINAL fines imposed buy federal courts statistically go 90%
uncollected. Many are imposed agaisnt people without income or assets,
and of course are never paid.


Realistically there is no way to avoid a court-ordered fine without going to
jail or columbia.

The whole point is that these are NOT court-ordered fines, only administrative
penalties that can only be enforced by whining to credit agencies or witholding
licenses-wait a minute, WHAT license?

Wrong. The FCC has several means of collecting fines:

1) Withholding action on any or all applications of the licensee pending before
the Commission until any outstanding fines are paid.

2) Turning unpaid fines over to the US Attorney having jurisdiction over the
fined party's last known address.

3) In turn, the US Attorney can obtain a court order attaching monies or assets
sufficient to pay the fine.

Even CRIMINAL fines imposed buy federal courts statistically go 90%
uncollected.

Proof?