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Old April 26th 06, 11:14 PM posted to rec.radio.amateur.misc,rec.radio.amateur.policy
N9OGL
 
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Default K1MAN wins again!

The red light rules were thrown out due to fact that they violated due
process. K1MAN fine and FO will be thrown out because 1. most of the
fine was based on the fining system in the broadcast service (see the
NAL) and therefore may of been to high of a fine in regards to the
amateur service. 2. Baxter's right to an Administrative hearing under
the Administrative Procedure Act was denied and therefore his rights to
due process under the APA was violated. 3. the "trial de novo" that the
FCC is referring to is a trial in the district court. The FCC can take
Baxter to the District court to collect the fine, in the district court
Baxter can raise any challenges to any FCC rule or regulation, nor can
baxter raise any constitutional challenges, the trial de novo is a debt
collection trial.

Todd N9OGL

 
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