"Landshark" wrote in message
news

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

"Frank Gilliland" wrote in message
...
Name one federal agency that doesn't claim to suffer from a lack of
funding.

I'm thinking........ Maybe the IRS? 8-))

I have used that argument myself but I have since found out that it
doesn't wash: Many CBers -don't- know the rules. And while any person
can refuse a station inspection, most CBers (and many hams) are not
aware that such a refusal can be used as 'evidence' against him, and
is therefore a violation of the 5th amendment.

I would like to see some legal opinions in that area. You do rasie an
interesting point.

Wrong. You can't challenge the violation in court like you can a
traffic ticket. FCC fines are enforced by the Treasury Dept as
uncollected debts, -not- as violations of FCC rules.

I've read where some who have gotten NAL's have had their day in court
in
front of an administrative law judge. CFR 47 and the rules under it are
considered administrative law and can thus be heard in court. Some have
even
won their cases. Check it out for yourself.

Was that after only one NAL?

Yeah, why not? You don't need to get more than one speeding ticket to get
your day in court do you?


Did they go before Congress to get the "rule" on the "export" radio's?

So where did the huge volume of laws on the books come from when all this
country started with are a handful of articles under the US Constitution?

I don't think so. They, like the IRS can take almost any existing
law and interpret it their own way and create a new "rule". That's
why they are called rules, not laws.

Its call "Adminastrive Law". Ask an attorney. He'll tell you the same thing.


Wrong. Notice what happens when a cop is on the road

Tell that to the truckers I see routinely doing 60+ MPH in crealy marked
55
MPH zones, cops or not.

Police presence DOES make a difference.

But only if they know for sure they will actually do something. I was in
Georgia driving south of Atlanta, on my way to Macon for a work
assignment,
driving on I75 a week ago. I got routinely passed by truckers doing well
over 70 MPH, which is the posted speed limit. I also saw plenty of 4
wheelers getting pulled over for speeding. I can't recall seeing any of
the
hordes of speeding 18 wheelers getting pulled over. And I saw plenty of
cops
everywere I went.

Well Lee, they cracked down on truckers out here. It was all over
the news how they were giving a zero tolerance for a month on
all big rigs.



The issue is not about a person's right to use a radio transmitter,
but about the protections of the accused that are -supposed- to be
guaranteed by the constitution. Like, 'innocent until proven guilty in
a court of law'. Last time I checked the FCC is not a part of the
judicial branch. They can accuse but they CANNOT determine guilt.
That's why their citations are notifications of APPARENT liability.

Like I said above, if you don't like it take it to the judge. Same as a
speeding ticket.

Not really. Again, you have to appear before the FCC and pay the fines
before you can begin to contest their ruling.

No.

How many times can you
afford to have an attorny apera on your behalf?

Have you paid any FCC fines?



If someone uses a radio transmitter in violation of the law then by
all means they should be held accountable. But the -means- by which
that person is brought to justice by the FCC is unconstitutional and
they know it.

Anybody who disagrees with an FCC NAL can have their day in court and
there
is nothing the FCC can do to stop it.

See above.


EVERY person has the constitutional right to challenge ANY law. The
problem is that the FCC has been very careful about preventing any
such challenges.

Ah no.

Ah, Frank's right.

You guys need to read this before going any further.

Sample court motion below.

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

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.


--
Leland C. Scott
KC8LDO

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