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

"Landshark" wrote in message
om...

"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.

Have you ever gotten a NAL?

NO.

Have you sent back the
paperwork to the FCC that goes with the NAL?
If the answer is no, then you don't know. If it's yes
then you know that you have to give them, Full name,
Social Security #, employment info, assets info etc etc.
As I have said in previous posts, I know two people
that got them, both were found guilty, though they filed
motions with the commission saying they weren't. They
then were told that if they didn't pay, their wages would
be garnished, liens on their houses. They were told by
the FCC & a lawyer (They both had different lawyers)
that was the only way or sue them in Federal court.

So they had crummy attorneys. Doesn't change the facts of the opinion
written by the appeals court in the AT&T case. If you go back and read
that
section again you'll see that the FCC was mistaken about how things work.
The FCC had issues with the points raised by the AT&T NAL yet the court
agreed with AT&T. It seems to me that your buddy's attorney likely brought
the "party line" from the FCC. It wouldn't be the first time that a lawyer
missed rulings in case law that would have materially helped their client.
Happens more often that you think.

Say what you want, but you can't just say "I don't
agree, I want a trial" They start collecting the fine right
away when the commission says you are guilty.

As you say "try", until they have to go to court. Then it's a new ball
game.


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.

Same point, spend $9,000.00 on a lawyer, for a $10,000.00
fine? One of the persons I know was fined $30,000.00
plus for his NAL, his lawyer told him to pay the fine or make
arrangements for payments, he would be spending close to that to sue the
government to reduce fines. You saw above what they did to him.

The expense of going to court is a wholly different issue. I'll agree with
you that it could be an expensive option. And at times it doesn't make
sense
to pursue the legal course of action.



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.

Not really, I may have read into this more than what you meant:
"All I can figure out is you want to believe this so you can justifiy FCC
regulation violations in your own mind, feel better about it, and excuse
others for being held accountable."

But the way accusations fly in here, I figured you were saying
I would feel better about operating a linear or export radio.

No. 8-)) My point was you could pay a lawyer to get the same information
here for a whole lot less.

By the way what did that guy do to get a $30K NAL anyway? Must have really
ticked somebody off big time. The normal forfeitures are around $7500 for
the kinds of illegal crap people do that gets mentioned here in the group.
--
Leland C. Scott

Well, he was running a home base set up, supposedly
10,000 watts. Down the street, maybe a couple of blocks was
the local PBS station. They told him that he was coming over
practically everything in the station, I'd believe it.
I wasn't there, but I saw the NAL and the judgment, so that's why I know
what they said.

Take a read here, it's not a case it the direct rules

http://tinyurl.com/6ec86

Landshark

--
Is it so frightening to have me at your shoulder?
Thunder and lightning couldn't be bolder.
I'll write on your tombstone, ``I thank you for dinner.''
This game that we animals play is a winner.