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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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