On Mon, 10 Jan 2005 12:50:14 -0600, Todd Daugherty wrote:

You must have made a typo - Mister Dunifer cannot be granted a
license. Plain fact. The choice was his.

The judge stated that dunifer and his bunch was barred from operating any
broadcast equipment until they first obtain a license from the FCC.

In your own words: " the Radio Broadcast Preservation Act of 2000
bars all pirates from getting a license."

What part of that do you not understand?

Which boils back to what all the pirates were say....why should I spend the
time and money to try to obtain a license which apparently the FCC doesn't
want to give me.

Want to be a criminal - be a criminal. "Don't do the crime if you
can't do the time"....

Please explain this in English. Also regard your own word "may".
Even if they did consider it, it can be denied. What part of the
process do you fail to understand?

Sec. 1.3 Suspension, amendment, or waiver of rules.

The provisions of this chapter may be suspended, revoked, amended,
or waived for good cause shown, in whole or in part, at any time by the
Commission, subject to the provisions of the Administrative Procedure
Act and the provisions of this chapter. Any provision of the rules may
be waived by the Commission on its own motion or on petition if good
cause therefor is shown.

What part of the word "MAY" do you not understand?

Missing the filing window is prima facie "good cause" for returning
the application as defective, which apparently they did.

The United States court have stated that "the FCC MUST consider waivers"
(WAIT RADIO v FCC 1969) "The FCC must take a serious and hard look at waiver
request" Turro v FCC (1989)

Denying your request does not mean that they did not take a "serious
and hard look at [your] waiver request". As I said before - sometimes
they grant it, sometumes they deny it. That's how the game is played.

I say again:

You were free to appeal to the full Commission and from there to the U S
Court of Appeals for the District of Columbia. By not doing so, you
lost your chance to get the decision reversed.

This is going nowhere. It is not applicable to ham radio, and I've
said my piece about it here. If you don't want to listen to what I
tell you, it's your loss.

Stay warm, Todd. It's cold out there.

--
73 de K2ASP - Phil Kane