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Old December 4th 04, 05:30 AM
Leland C. Scott
 
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"Landshark" wrote in message
news

"Leland C. Scott" wrote in message
...

"Landshark" wrote in message
news

"Leland C. Scott" wrote in message
...
You guys need to read this before going any further.

Sample court motion below.

http://www.pfaw.org/pfaw/dfiles/file_158.pdf

Ummm, Lee, that's cool, but that was a song writer, Radio
Station, their Lawyers filing a civil case. That's why it's Sarah Jones

vs.
The FCC................. Do you have that option to pay their fine ,

then
take them to court?
That wasn't a Ham or a cb'er. Not many people can have a lawyer, let
alone
multiple lawyers go to court for a Nal.


Offical FCC legal process. The link below should be all on one line

to
work.



http://frwebgate5.access.gpo.gov/cgi...i on=retrieve

This should settle the argument permently if you understand legal
terms.

Dead link. No argument settled


Then try this one.

http://www.access.gpo.gov/nara/cfr/w...47cfr1_03.html

Plenty of stuff to read. The details are all spelled out there. You will
have to do some jumping around from subsection to subsection. When you're
done I think you'll have a better feel for how the FCC goes about it's
business. It's not as Macavelian as Frank and the others would have you
believe. There is legal recourse, in front of an Administrate Law Judge. And
If you don't like the results then you can go to an Appeals Court. The FCC
does have Congressional oversight. In fact many Federal agencies have a
Congressional oversight committee that directs their actions. We the public
may not hear about it much, but then again how may people really have that
much interest in how their government works to go and find out? Most people
don't even know who their state's congressional members are by name.

Some may complain that the court hearings are done under the FCC. This gets
back to what I mentioned in another post about what is "a court of law". I
didn't make that statement lightly. It was meant to get one thinking about
the subject. Twist provided a quickie definition. The proceedings may not
fit everybody's stereotype of "a court of law" but it is one never the
less. You can also play all the word games you want too, by calling the FCC
regulations "rules", but they are officially "administrate law", which any
attorney can tell you.

Let me know what you think after you had time to read the material. I'm not
going to debate it any further since it's all there for anybody to read. I
will admit some of the explanations are a bit confusing. I suppose it would
help to have a legal background to fully comprehend the details.


--
Leland C. Scott
KC8LDO

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