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Old August 16th 03, 08:32 PM
gaffo
 
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DJ UndahCovah wrote:

Our lawyers
have advised us that since the FCC has not defined what "authority to
operate" is, we can define it as community support. Since we webcast,
you are our community too!



1. you can never have too many lawyers. get some more!

2. look at case law!!!!! MicroKind prevailed in the appelete court!!
(look up the case file and read how they argued the case and why they
prevailed in the appeals court).

3. Read up on the lost cases to.........understand what the arguements
were and why they lost the cases.

4. read read read all case law on Pirate radio court cases!!!!!!!!!!!!

5. craft an argument (an original, one or the one Microkind used to
temporarily previal)..................don't bother crafting an argument
which has lost over and over in the courts (i.e. 1st amendment rights
argument).

6. forget the 1st amendment!.............try for specific case law where
the pirate previaled (again Microkind)(I think I remember that there was
another (preacher in Indiana?) who gave the courts a good fight).

7. General appeals to Constitutional rights and precepts invariably fail
in the real world courts. So using the 10th or 9th amendments is
out.........................well.................. the tenth argument
(i.e. municipality rights might be interesting). If you can get your
mayor and city counsel to publically defend and endorse you that would
be a good thing.


goodluck........you will need it!


 
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