"Leland C. Scott" wrote in message
...
It's all pretty clear cut Lanshark. You don't pay the NAL and challenge it
in district court, or pay it, then go the appeal court route. If you read
the whole quoted section that's what the court says, in legal speak, near
the end.
Anyway the original point made by several people was you can't challenge a
NAL in court. I think that myth has been dispelled. You raised another
issue, is it really worth the cost? You might have a point there. I guess
it
all depends on the about of the NAL. a couple of grand maybe not, but for
$10K yeah I think it would if one feels confident they have a strong case.
On a side point who were you replying to in regards to a post about a
radio
and refering to them using my name? I never mentioned anything about a
radio, just a comment about you getting a NAL for first hand experience. I
think you got me confused with somebody else.
--
Leland C. Scott
when a hearing is being held for some
reason other than the assessment of a
forfeiture (such as, to determine
whether a renewal application should
be granted) and a forfeiture is to be
considered as an alternative or in addition
to any other Commission action.
However, these procedures may be followed
whenever the Commission, in its
discretion, determines that they will
better serve the ends of justice.
Now take a look here
(1) Before imposing a forfeiture penalty
under the provisions of this paragraph,
the Commission will issue a notice
of opportunity for hearing. The
hearing will be a full evidentiary hearing
before an administrative law judge,
conducted under procedures set out in
subpart B of this part, including procedures
for appeal and review of initial
decisions. A final Commission order assessing
a forfeiture under the provisions
of this paragraph is subject to judicial
review under section 402(a) of the
Communications Act.
Notice it doesn't say a court, it says an "administrative law judge"
Before the commission.
(2) If, after a forfeiture penalty is imposed
and not appealed or after a court
enters final judgment in favor of the
Commission, the forfeiture is not paid,
the Commission will refer the matter
to the Department of Justice for collection.
In an action to recover the forfeiture,
the validity and appropriateness
of the order imposing the forfeiture
are not subject to review.
Notice the turn it over to the DOJ & Treasury dept, try
to tell them I'm going to appeal it to a court of law.
(3) Where the possible assessment of
a forfeiture is an issue in a hearing
case to determine which pending application
should be granted, and the applicant
facing a potential forfeiture is
dismissed pursuant to a settlement
agreement or otherwise, and the presiding
judge has not made a determination
on the forfeiture issue, the order
of dismissal shall be forwarded to the
attention of the full Commission.
Within the time provided by § 1.117, the
Commission may, on its own motion,
proceed with a determination of whether
a forfeiture against the dismissing
applicant is warranted. If the Commission
so proceeds, it will provide the applicant
with a reasonable opportunity
to respond to the forfeiture issue (see
paragraph (f)(3) of this section) and
make a determination under the procedures
outlined in paragraph (f) of this
section.
(h) Payment. The forfeiture should be
paid by check or money order drawn to
the order of the Federal Communications
Commission. The Commission
does not accept responsibility for cash
payments sent through the mails. The
check or money order should be mailed
to: Federal Communications Commission,
P.O. Box 73482, Chicago, Illinois
60673-7482.
(i) Remission and mitigation. In its discretion,
the Commission, or its designee,
may remit or reduce any forfeiture
imposed under this section.
After issuance of a forfeiture order,
any request that it do so shall be
submittedas a petition for reconsideration
pursuant to § 1.106.
(j) Effective date. Amendments to
paragraph (b) of this section implementing
Pub. L. No. 101-239 are effective
December 19, 1989.
[43 FR 49308, Oct. 23, 1978, as amended at 48
FR 15631, Apr. 12, 1983; 50 FR 40855, Oct. 7,
1985; 55 FR 25605, June 22, 1990; 56 FR 25638,
June 5, 1991; 57 FR 23161, June 2, 1992; 57 FR
47006, Oct. 14, 1992; 57 FR 48333, Oct. 23, 1992;
58 FR 6896, Feb. 3, 1993; 58 FR 27473, May 10,
1993; 62 FR 4918, Feb. 3, 1997; 62 FR 43475, Aug.
14, 1997; 63 FR 26992, May 15, 1998; 65 FR 60868,
Oct. 13, 2000]
§ 1.83 Applications for radio operator
licenses.
(a) Application filing procedures for
amateur radio operator licenses are set
forth in part 97 of this chapter.
(b) Application filing procedures for
commercial radio operator licenses are
set forth in part 13 of this chapter. Detailed
information about application
forms, filing procedures, and where to
file applications for commercial radio
operator licenses is contained in the
bulletin ''Commercial Radio Operator
Licenses and Permits.'' This bulletin is
available from the Commission's
Forms Distribution Center by calling
1-800-418-FORM (3676).
[47 FR 53378, Nov. 26, 1982, as amended at 58
FR 13021, Mar. 9, 1993; 63 FR 68920, Dec. 14,
1998]
§ 1.85 Suspension of operator licenses.
Whenever grounds exist for suspension
of an operator license, as provided
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