robert casey wrote:

NO the only reason low power FM was created was due to the continued


growth

of pirate radio.




The pirate movement continued to grow long after dunifer.


Today with the Internet and web sites and streaming audio,
doing a pirate radio station seems kinda pointless. You
can get your message and music out, and save on FCC fines,
with the 'net. Or lease time on a starving AM station in
your city if you're dead set on using radio. Though the
'net would be more effective to distribute your message.



All true, Robert. But then you wouldn't be a Pirate, would ya? 8^)

- Mike KB3EIA -

"Phil Kane" wrote in message
ganews.com...

:
: You are telling me "NO" when I was the one who prepared all the
: paperwork for the Dunifer case, read every filing, and sat at the
: table for each and every hearing?
:
: What planet are you living on, fella? That was MY case.
:

OM Phil,

Attached find a sample of his work from his new "blog" page. Do you wonder
why his applications are not viewed with favor?

Ciao!

--
"I have never made but one prayer to God, a very short one: "O Lord,
make my enemies ridiculous." And God granted it."
- Voltaire
--


Following from his "blog" ---- enjoy!


Written by Todd Daugherty N9OGL


On February 8, 2002 the United States Court of Appeal ruled the Radio
Broadcast Preservation Act (RBPA-2000) was unconstitutional (Greg Ruggiero
vs. FCC 2002) then to a shock the court of appeals overturned it's own
decision ruling that the RBPA of 2000 was constitutional. (Greg Ruggiero Vs
FCC 2003). I'm writing this "paper" because I feel that there was something
that should have been said but wasn't and since I tell it as it is I will
say it. There is also a problem with the recent ruling (Greg Ruggiero Vs FCC
2003) which I've also added to this paper.


The first comes from that Bitch Judge Karen LeCraft Henderson who stated in
the 2002 ruling


"By contrast, the License restriction here applies to the entire class of
those who as of the time of their license application have unlawfully
engaged in LPFM broadcasting. Further the restriction substantially furthers
the plain intent of the Congress which believed that "the operation of an
unlicensed station demonstrates a lack of commitment to follow the basic
rules and regulations which are essential to having a broadcast service that
serves the public, and those individuals or groups should not be permitted
to receive a licenses in the LPFM service." H.R. Rep. No. 506 at 8 (2000).
What could be more reasonable or logical than to suspect that those who
ignored the commission LPFM broadcast regulation in the past are likely to
do so in the future and therefore to head them off."


First, you must not have to be very intelligent to be a ****ing judge of the
court of appeal.it seems if they can let this dumb ass bitch and her little
bitch whore buddies on the bench then anyone can..


"What could be more reasonable or logical than to suspect that those who
ignored the commission LPFM broadcast regulation in the past are likely to
do so in the future and therefore to head them off."


Did I ****ing miss something here??? Listen bitch the FCC NEVER had any LPFM
rules prior to the passing of the LPFM rules in 1999. You and your ****ing
whores in the Court of Appeal are the stupidest mother ****ers on the
planet. For years the FCC went around telling you that all a person had to
do was fill out an application and ask for a waiver..well guest what you
****ing sluts THE FCC ****ING LIED TO YOU!!! The FCC has NEVER considered
application and waiver for LPFM ..and you stupid ****s believed them all
these years. That's why a lot of people went on the air..because the FCC
wouldn't consider applications and waivers for a low power service. Bitch my
group applied six times for a license with waiver and that is why we went
pirate.because the FCC wouldn't even consider are application or are waiver
for a community with no service..and by the way bitch.the two congressman
who wrote that bill and were the chief sponsor of the RBPA of 2000 are no
longer in congress because they were voted out by the people of their state
because of that ****.


And now.2003 for the king bitch whore Ginsburg.


"In 1999 the Commission proposed to modify its low-power Radio rules and
sought public comment upon whether it should "create two classes of low
power radio service, both of which would operate in the existing FM radio
band: a 1000- watt primary service and a 100-watt secondary service." Id. at
p 1. The Commission also sought comment upon whether it should establish "a
third, 'microradio' class of low power radio service that would operate in
the range of 1 to 10 watts." Id. at p 1."


The commission proposed?? That's a bunch of **** the FCC didn't propose it
someone else did in a Petition for Rulemaking.that's a bunch of ****ing ****
quit smoking your ****ing crack.


"The Congress ultimately responded to the Commission's decision by enacting
the Radio Broadcast Preservation Act of 2000 (RBPA), Pub. L. No. 106-553,
114 Stat. 2762, s 632,"


The Congress responded not out of concern of what the FCC was doing but by
the huge load of cash they were getting from the National Association of
Broadcasters (NAB). My dickhead congressman John ****less (Shinkus)


Got paid $14,000 from the NAB for the RBPA but that's ok..I'm going make
sure that son of bitch mother ****er isn't elected again!


" We reject also Ruggiero's claim that the character qualification is
overinclusive because it prohibits all pirates, including those good pirates
who stopped broadcasting illegally when ordered to do so, and those "former
pirates [who] subsequently have become model citizens," from obtaining a
license. All unlicensed LPFM broadcasters violated the Communications Act.
Any unlicensed broadcasting demonstrates a willful disregard of the most
basic rule of federal broadcasting regulation."


Then perhaps " former pirates" like WBCQ shouldn't have a license..and tell
me you stupid ****...when did the disregard to the legal process become
legal..You stupid **** head has basically given the FCC the go ahead to
disregard not only the judiciary process but the Administrative Procedure
Act (APA). Your stupid thinking is regardless to what a federal judge or an
administrative judge says a pirate is a pirate regardless to what legal
challenge they may bring and regardless of any fact or findings. Your
****ing retarded thinking is that a pirate is guilty regardless of any
evidence.well ****, why do we do that with murders..Hell, Bob Butt much
killed Joe Dickless but hey there's evidence he not guilty.**** he's guilty
regardless of any evidence. That the same ****ing **** you did with pirates
then it should apply to any other crime. Perhaps Mr. Ginsburg you should
stop kissing congress and the federal government ass.


And now a few words from my favorite dickhead.Judge Randolph.


"There is in short no chilling effect and Ruggiero therefore


cannot invoke the overbreadth doctrine."


This has to be one of the stupidest mother ****er on the planet...No
chilling effect??? How about the ability to allow an agency to disregard any
legal proceeding as prescribed under the APA not to mention your next stupid
****s comment..


"No one has a First Amendment right to a


license," Red Lion Broad. Co. v. FCC, 395 U.S. 367, 389


(1969), and it follows that no one has a First Amendment


right to apply for a license."


Then why apply??? If no one has a "right" as you put it to apply for a
license then why have a licensing system?? Just like the **** stupid *******
you are; you've created one of the biggest loopholes a pirate would love!
Because like you said no one has a right to apply for a license..thus, a
person really shouldn't have to apply since there is no right. Despite what
you and your little bitch whore buddies in the NAB may think as the
secretary of commerce Herbert Hoover once stated The First Amendment and
radio fall hand in hand..and it stupid ****s like you in the court of appeal
that are destroying not only free speech but destroying the legal process.


As for the U.S. Supreme Court..there just as **** stupid as these ****ing
idiots..you know at one time I had great respect for the U.S. Supreme Court.
But now..by allowing this stupid ****s to destroy the legal process and
basically misread Red Lion Broadcasting and bend it to their own ****ing
will I think the U.S. Supreme Court has got to **** hell and my respect is
now gone. Because they along with those stupid **** in the U.S. Court of
Appeal has failed to grasp reality of what is really go on in the world.


Todd Daugherty


Taylorville, Illinois


December 2003

Mike Coslo wrote:




All true, Robert. But then you wouldn't be a Pirate, would ya? 8^)


Nah. Besides setting up a pirate radio station is roughly
equivalent to flushing cherry bombs (M80s) down the toilets
in junior high school. ****es off the authorities but
otherwise serves no real purpose.....

Todd Daugherty wrote:

Well, this really isn't about pirate radio. Somehow it had gotten into the
debate.

True, but broadcasting on the ham bands is also illegal.
And is probably just as ineffective for getting your
message across.

bb wrote:
Phil Kane wrote:
On 7 Jan 2005 06:32:52 -0800, Carl wrote:
I have always thought that "broadcast" is NOT allowed on amateur
bands.
Where am I mistaken?
You aren't.
-- 73 de K2ASP - Phil Kane

With one exception.

The "one exception" is "Communications directly related to the
immediate safety of human life or the protection of property may be
provided by amateur stations to broadcasters for dissemination to the
public where no other means of communication is reasonably available
before or at the time of the event." The "one exception" is not
"broadcasting to amateur operators."

Other than the safety exception, Section 97.113 "prohibits amateur
stations from engaging in any form of broadcasting or in any activity
related to program production or news gathering for broadcasting
purposes." Section 97.3 defines the term "broadcasting," in the context
of the amateur service, as "a transmission intended for reception by
the general public, either direct or delayed."

What N9OGL and K1MAN contend is "legal" broadcasting is defined by the
FCC in in Section 97.3 as "an Information Bulletin." It is a message
directed "only to amateur operators" and consists "solely of subject
matter of direct interest to the amateur service. The control operator
of the station transmitting an information bulletin is responsible for
determining that the subject matter is of direct interest to the
amateur service."

To label information bulletins as "broadcasting" is just wrong. The
responsibility of the control operator to determine appropriate subject
matter for one-way communications should not be construed to allow
one-way commentary on non-radio issues (such as baseball) just because
radio operators are interested in baseball.

"Section 97.111(b) provides for one-way communications. In summary,
auxiliary, beacon, space and stations in distress are specifically
authorized to make certain one-way transmissions. Additionally, an
amateur station may transmit the following types of one-way
communications:
1. Brief transmissions necessary to make adjustments to the station;
2. Brief transmissions necessary for establishing two-way
communications with other stations;
3. Telecommand;
4. Transmissions necessary to providing emergency communications;
5. Transmissions necessary to assisting persons learning, or improving
proficiency in, the international Morse code;
6. Transmissions necessary to disseminate an information bulletin; and
7. Telemetry."

someone else posted that. that from a old newgroup feed
Todd n9ogl

"Mel A. Nomah" wrote in message
nk.net...



"Phil Kane" wrote in message
ganews.com...

:
: You are telling me "NO" when I was the one who prepared all the
: paperwork for the Dunifer case, read every filing, and sat at the
: table for each and every hearing?
:
: What planet are you living on, fella? That was MY case.
:

OM Phil,

Attached find a sample of his work from his new "blog" page. Do you
wonder
why his applications are not viewed with favor?

Ciao!

--
"I have never made but one prayer to God, a very short one: "O Lord,
make my enemies ridiculous." And God granted it."
- Voltaire
--


Following from his "blog" ---- enjoy!


Written by Todd Daugherty N9OGL


On February 8, 2002 the United States Court of Appeal ruled the Radio
Broadcast Preservation Act (RBPA-2000) was unconstitutional (Greg Ruggiero
vs. FCC 2002) then to a shock the court of appeals overturned it's own
decision ruling that the RBPA of 2000 was constitutional. (Greg Ruggiero
Vs
FCC 2003). I'm writing this "paper" because I feel that there was
something
that should have been said but wasn't and since I tell it as it is I will
say it. There is also a problem with the recent ruling (Greg Ruggiero Vs
FCC
2003) which I've also added to this paper.


The first comes from that Bitch Judge Karen LeCraft Henderson who stated
in
the 2002 ruling


"By contrast, the License restriction here applies to the entire class of
those who as of the time of their license application have unlawfully
engaged in LPFM broadcasting. Further the restriction substantially
furthers
the plain intent of the Congress which believed that "the operation of an
unlicensed station demonstrates a lack of commitment to follow the basic
rules and regulations which are essential to having a broadcast service
that
serves the public, and those individuals or groups should not be permitted
to receive a licenses in the LPFM service." H.R. Rep. No. 506 at 8 (2000).
What could be more reasonable or logical than to suspect that those who
ignored the commission LPFM broadcast regulation in the past are likely to
do so in the future and therefore to head them off."


First, you must not have to be very intelligent to be a ****ing judge of
the
court of appeal.it seems if they can let this dumb ass bitch and her
little
bitch whore buddies on the bench then anyone can..


"What could be more reasonable or logical than to suspect that those who
ignored the commission LPFM broadcast regulation in the past are likely to
do so in the future and therefore to head them off."


Did I ****ing miss something here??? Listen bitch the FCC NEVER had any
LPFM
rules prior to the passing of the LPFM rules in 1999. You and your ****ing
whores in the Court of Appeal are the stupidest mother ****ers on the
planet. For years the FCC went around telling you that all a person had to
do was fill out an application and ask for a waiver..well guest what you
****ing sluts THE FCC ****ING LIED TO YOU!!! The FCC has NEVER considered
application and waiver for LPFM ..and you stupid ****s believed them all
these years. That's why a lot of people went on the air..because the FCC
wouldn't consider applications and waivers for a low power service. Bitch
my
group applied six times for a license with waiver and that is why we went
pirate.because the FCC wouldn't even consider are application or are
waiver
for a community with no service..and by the way bitch.the two congressman
who wrote that bill and were the chief sponsor of the RBPA of 2000 are no
longer in congress because they were voted out by the people of their
state
because of that ****.


And now.2003 for the king bitch whore Ginsburg.


"In 1999 the Commission proposed to modify its low-power Radio rules and
sought public comment upon whether it should "create two classes of low
power radio service, both of which would operate in the existing FM radio
band: a 1000- watt primary service and a 100-watt secondary service." Id.
at
p 1. The Commission also sought comment upon whether it should establish
"a
third, 'microradio' class of low power radio service that would operate in
the range of 1 to 10 watts." Id. at p 1."


The commission proposed?? That's a bunch of **** the FCC didn't propose it
someone else did in a Petition for Rulemaking.that's a bunch of ****ing
****
quit smoking your ****ing crack.


"The Congress ultimately responded to the Commission's decision by
enacting
the Radio Broadcast Preservation Act of 2000 (RBPA), Pub. L. No. 106-553,
114 Stat. 2762, s 632,"


The Congress responded not out of concern of what the FCC was doing but by
the huge load of cash they were getting from the National Association of
Broadcasters (NAB). My dickhead congressman John ****less (Shinkus)


Got paid $14,000 from the NAB for the RBPA but that's ok..I'm going make
sure that son of bitch mother ****er isn't elected again!


" We reject also Ruggiero's claim that the character qualification is
overinclusive because it prohibits all pirates, including those good
pirates
who stopped broadcasting illegally when ordered to do so, and those
"former
pirates [who] subsequently have become model citizens," from obtaining a
license. All unlicensed LPFM broadcasters violated the Communications Act.
Any unlicensed broadcasting demonstrates a willful disregard of the most
basic rule of federal broadcasting regulation."


Then perhaps " former pirates" like WBCQ shouldn't have a license..and
tell
me you stupid ****...when did the disregard to the legal process become
legal..You stupid **** head has basically given the FCC the go ahead to
disregard not only the judiciary process but the Administrative Procedure
Act (APA). Your stupid thinking is regardless to what a federal judge or
an
administrative judge says a pirate is a pirate regardless to what legal
challenge they may bring and regardless of any fact or findings. Your
****ing retarded thinking is that a pirate is guilty regardless of any
evidence.well ****, why do we do that with murders..Hell, Bob Butt much
killed Joe Dickless but hey there's evidence he not guilty.**** he's
guilty
regardless of any evidence. That the same ****ing **** you did with
pirates
then it should apply to any other crime. Perhaps Mr. Ginsburg you should
stop kissing congress and the federal government ass.


And now a few words from my favorite dickhead.Judge Randolph.


"There is in short no chilling effect and Ruggiero therefore


cannot invoke the overbreadth doctrine."


This has to be one of the stupidest mother ****er on the planet...No
chilling effect??? How about the ability to allow an agency to disregard
any
legal proceeding as prescribed under the APA not to mention your next
stupid
****s comment..


"No one has a First Amendment right to a


license," Red Lion Broad. Co. v. FCC, 395 U.S. 367, 389


(1969), and it follows that no one has a First Amendment


right to apply for a license."


Then why apply??? If no one has a "right" as you put it to apply for a
license then why have a licensing system?? Just like the **** stupid
*******
you are; you've created one of the biggest loopholes a pirate would love!
Because like you said no one has a right to apply for a license..thus, a
person really shouldn't have to apply since there is no right. Despite
what
you and your little bitch whore buddies in the NAB may think as the
secretary of commerce Herbert Hoover once stated The First Amendment and
radio fall hand in hand..and it stupid ****s like you in the court of
appeal
that are destroying not only free speech but destroying the legal process.


As for the U.S. Supreme Court..there just as **** stupid as these ****ing
idiots..you know at one time I had great respect for the U.S. Supreme
Court.
But now..by allowing this stupid ****s to destroy the legal process and
basically misread Red Lion Broadcasting and bend it to their own ****ing
will I think the U.S. Supreme Court has got to **** hell and my respect is
now gone. Because they along with those stupid **** in the U.S. Court of
Appeal has failed to grasp reality of what is really go on in the world.


Todd Daugherty


Taylorville, Illinois


December 2003

Well, this really isn't about pirate radio. Somehow it had gotten into the
debate.
Todd N9OGL
"robert casey" wrote in message
ink.net...

NO the only reason low power FM was created was due to the continued

growth

of pirate radio.



The pirate movement continued to grow long after dunifer.


Today with the Internet and web sites and streaming audio,
doing a pirate radio station seems kinda pointless. You
can get your message and music out, and save on FCC fines,
with the 'net. Or lease time on a starving AM station in
your city if you're dead set on using radio. Though the
'net would be more effective to distribute your message.

not true information bulletins which no matter how you look at it is a
"form" of broadcast is legal. As long as the programs or information is
amateur radio related.
Todd N9OGL


"robert casey" wrote in message
nk.net...
Todd Daugherty wrote:

Well, this really isn't about pirate radio. Somehow it had gotten into
the
debate.

True, but broadcasting on the ham bands is also illegal.
And is probably just as ineffective for getting your
message across.





----== Posted via Newsfeeds.Com - Unlimited-Uncensored-Secure Usenet News==----
http://www.newsfeeds.com The #1 Newsgroup Service in the World! 100,000 Newsgroups
---= East/West-Coast Server Farms - Total Privacy via Encryption =---

On Tue, 11 Jan 2005 01:57:20 GMT, Mel A. Nomah wrote:

: You are telling me "NO" when I was the one who prepared all the
: paperwork for the Dunifer case, read every filing, and sat at the
: table for each and every hearing?
:
: What planet are you living on, fella? That was MY case.
:

OM Phil,

Attached find a sample of his work from his new "blog" page. Do you wonder
why his applications are not viewed with favor?

"Beautiful". That says it all.

At least Dunifer, who used the same language to the agents who
nabbed him, was smart enough to get the services of a top-notch
National Lawyers Guild attorney (Luke Hiken - whom I respect very
much even though we were on opposite side sof the case) who
presented his arguments in a much more literate and acceptable
manner.

--
73 de K2ASP - Phil Kane

Todd Daugherty wrote:


Of course you have never heard my program which is nothing but amateur radio
information and only amateur radio information..

Todd N9OGL



Don't call it "broadcast" then. Say "information bulletins"
and everything is cool, as long as the material is nothing but
amateur radio information and only amateur radio information..