"Landshark" wrote in message
. com...

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

"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



Well, I've seen that before Leland, it proves Frank's
& mine statement that the FCC rules are just that, rule's
not laws. As such no real way to get out of a NAL fine
without taking the FCC to civil court and a lawyer.......
Lots of bucks to get that lawyer working for you.

(f) Notice of apparent liability. Before imposing a forfeiture
penalty under the provisions of this paragraph, the Commission or its
designee will issue a written notice of apparent liability.
(1) Content of notice. The notice of apparent liability will:
(i) Identify each specific provision, term, or condition of any act,
rule, regulation, order, treaty, convention, or other agreement,
license, permit, certificate, or instrument of authorizationwhich the
respondent has apparently violated or with which he has failed to
comply,
(ii) Set forth the nature of the act or omission charged against the
respondent and the facts upon which such charge is based,
(iii) State the date(s) on which such conduct occurred, and
(iv) Specify the amount of the apparent forfeiture penalty.
(2) Delivery. The notice of apparent liability will be sent to the
respondent, by certified mail, at his last known address (see Sec. 1.5).
(3) Response. The respondent will be afforded a reasonable period of
time (usually 30 days from the date of the notice) to show, in writing,
why a forfeiture penalty should not be imposed or should be reduced, or
to pay the forfeiture. Any showing as to why the forfeiture should not
be imposed or should be reduced shall include a detailed factual
statement and such documentation and affidavits as may be pertinent.
(4) Forfeiture order. If the proposed forfeiture penalty is not paid
in full in response to the notice of apparent liability, the Commission,
upon considering all relevant information available to it, will issue an
order canceling or reducing the proposed forfeiture or requiring that it
be paid in full and stating the date by which the forfeiture must be
paid.
(5) Judicial enforcement of forfeiture order. If the forfeiture is
not paid, the case will be referred to the Department of Justice for
collection under section 504(a) of the Communications Act.

You and Frank need to do some more reading. The appeal court process is
there too, but both of you like to conveniently ignore it. As far as the
regulations go, that they are only "rules", go tell that to an attorney
and watch him laugh at you. Better yet get a NAL yourself and tell that
wopper to the judge.


--
Leland C. Scott
KC8LDO

Wireless Network
Mobile computing
on the go brought
to you by Micro$oft

"Leland C. Scott" wrote in message
...
You and Frank need to do some more reading. The appeal court process is
there too, but both of you like to conveniently ignore it. As far as the
regulations go, that they are only "rules", go tell that to an attorney
and watch him laugh at you. Better yet get a NAL yourself and tell that
wopper to the judge.


You don't comprehend it do you? You can not contest a
NAL in a court of law, you have to contest it before the FCC.
If you lose, you can then take it to civil court. As for the rules/
law, most of the FCC codes are only rules, as such the FCC enforces them
with NAL's, that's how they circumvent the legal system.
I don't have to worry about NAL Lee, you would have more
to worry about than I.

Landshark


--
That does suck..sometimes you're the
windshield..sometimes you're the bug.

"Landshark" wrote in message
. com...

"Leland C. Scott" wrote in message
...
You and Frank need to do some more reading. The appeal court process is
there too, but both of you like to conveniently ignore it. As far as the
regulations go, that they are only "rules", go tell that to an
attorney
and watch him laugh at you. Better yet get a NAL yourself and tell that
wopper to the judge.


You don't comprehend it do you?

I understand it just fine.

You can not contest a
NAL in a court of law, you have to contest it before the FCC.

http://www.fcc.gov/oalj/
http://newmedia.cityu.edu.hk/cyberla...dminlaw03.html
http://www.ku.edu/~kulaw/library/admin_res.html

----------------------------------------------------------------------------
----
Before the
Federal Communications Commission
Washington, D.C. 20554


In the Matter of Application of
RICHARD A. BURTON
For General Mobile Radio Service License
)
)
)
)
)



FCC File No. 0000920745
Docket No. 03-188




HEARING DESIGNATION ORDER


Adopted: August 6, 2003 Released: August 7, 2003


By the Chief, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau:


INTRODUCTION
1. By this Hearing Designation Order, we commence a hearing before an FCC
Administrative Law Judge (ALJ) to determine whether the captioned
application by Richard A. Burton (Burton) for a new General Mobile Radio
Service (GMRS) license should be granted. As discussed below, Burton has
been convicted on four separate occasions for the unlicensed operation of a
radio transmission apparatus in violation of Sections 301 or 318 of the
Communications Act of 1934, as amended (Act).[1] In addition, Burton had his
amateur radio license revoked in 1981 for willful and repeated violation of
the Commission's regulations governing the Amateur Radio Service.[2] In
1992, his application for new amateur radio station and operator licenses
was designated for hearing based on character qualifications issues arising
from the 1981 license revocation and the first two of his four felony
convictions[3] for unlicensed radio operations.[4] Based on the information
before us, we believe that Burton's history of repeated violations of the
Act and our Rules raises a substantial and material question of fact as to
whether he possesses the requisite character qualifications to be a
Commission licensee. Because we are unable to make a determination on the
record currently before us that grant of Burton's application for a new GMRS
license would serve the public interest, convenience, and necessity, we
hereby designate the application for hearing, as required by Section 309(e)
of the Act.[5]

----------------------------------------------------------------------------
----------

http://www.nlgcdc.org/briefs/microra...sition_pi.html

http://www.cultureandfamily.org/arti...yi d=cfreport


--
Leland C. Scott
KC8LDO

Wireless Network
Mobile computing
on the go brought
to you by Micro$oft

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

"Landshark" wrote in message
. com...

"Leland C. Scott" wrote in message
...
You and Frank need to do some more reading. The appeal court process is
there too, but both of you like to conveniently ignore it. As far as
the
regulations go, that they are only "rules", go tell that to an
attorney
and watch him laugh at you. Better yet get a NAL yourself and tell that
wopper to the judge.


You don't comprehend it do you?

I understand it just fine.

You can not contest a
NAL in a court of law, you have to contest it before the FCC.

http://www.fcc.gov/oalj/
http://newmedia.cityu.edu.hk/cyberla...dminlaw03.html
http://www.ku.edu/~kulaw/library/admin_res.html

----------------------------------------------------------------------------
----
Before the
Federal Communications Commission
Washington, D.C. 20554


In the Matter of Application of
RICHARD A. BURTON
For General Mobile Radio Service License
)
)
)
)
)



FCC File No. 0000920745
Docket No. 03-188




HEARING DESIGNATION ORDER


Adopted: August 6, 2003 Released: August 7, 2003


By the Chief, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau:


INTRODUCTION
1. By this Hearing Designation Order, we commence a hearing before an FCC
Administrative Law Judge (ALJ) to determine whether the captioned
application by Richard A. Burton (Burton) for a new General Mobile Radio
Service (GMRS) license should be granted. As discussed below, Burton has
been convicted on four separate occasions for the unlicensed operation of
a
radio transmission apparatus in violation of Sections 301 or 318 of the
Communications Act of 1934, as amended (Act).[1] In addition, Burton had
his
amateur radio license revoked in 1981 for willful and repeated violation
of
the Commission's regulations governing the Amateur Radio Service.[2] In
1992, his application for new amateur radio station and operator licenses
was designated for hearing based on character qualifications issues
arising
from the 1981 license revocation and the first two of his four felony
convictions[3] for unlicensed radio operations.[4] Based on the
information
before us, we believe that Burton's history of repeated violations of the
Act and our Rules raises a substantial and material question of fact as to
whether he possesses the requisite character qualifications to be a
Commission licensee. Because we are unable to make a determination on the
record currently before us that grant of Burton's application for a new
GMRS
license would serve the public interest, convenience, and necessity, we
hereby designate the application for hearing, as required by Section
309(e)
of the Act.[5]

----------------------------------------------------------------------------
----------

http://www.nlgcdc.org/briefs/microra...sition_pi.html

http://www.cultureandfamily.org/arti...yi d=cfreport


He's filing for a license, what does that have to do
with contesting a NAL before a court of law?
I'll say it again, you can not contest a NAL before
a court of law. You keep posting this stuff, none shows
the contesting of a NAL before a court of law.


Landshark


--
Courage is what it takes to stand up
and speak; courage is also what it
takes to sit down and listen.

"Landshark" wrote in message
. com...

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

"Landshark" wrote in message
. com...

"Leland C. Scott" wrote in message
...
You and Frank need to do some more reading. The appeal court process
is
there too, but both of you like to conveniently ignore it. As far as
the
regulations go, that they are only "rules", go tell that to an
attorney
and watch him laugh at you. Better yet get a NAL yourself and tell
that
wopper to the judge.


You don't comprehend it do you?

I understand it just fine.

You can not contest a
NAL in a court of law, you have to contest it before the FCC.

http://www.fcc.gov/oalj/
http://newmedia.cityu.edu.hk/cyberla...dminlaw03.html
http://www.ku.edu/~kulaw/library/admin_res.html


--------------------------------------------------------------------------
--
----
Before the
Federal Communications Commission
Washington, D.C. 20554


In the Matter of Application of
RICHARD A. BURTON
For General Mobile Radio Service License
)
)
)
)
)



FCC File No. 0000920745
Docket No. 03-188




HEARING DESIGNATION ORDER


Adopted: August 6, 2003 Released: August 7, 2003


By the Chief, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau:


INTRODUCTION
1. By this Hearing Designation Order, we commence a hearing before an
FCC
Administrative Law Judge (ALJ) to determine whether the captioned
application by Richard A. Burton (Burton) for a new General Mobile Radio
Service (GMRS) license should be granted. As discussed below, Burton has
been convicted on four separate occasions for the unlicensed operation
of
a
radio transmission apparatus in violation of Sections 301 or 318 of the
Communications Act of 1934, as amended (Act).[1] In addition, Burton had
his
amateur radio license revoked in 1981 for willful and repeated violation
of
the Commission's regulations governing the Amateur Radio Service.[2] In
1992, his application for new amateur radio station and operator
licenses
was designated for hearing based on character qualifications issues
arising
from the 1981 license revocation and the first two of his four felony
convictions[3] for unlicensed radio operations.[4] Based on the
information
before us, we believe that Burton's history of repeated violations of
the
Act and our Rules raises a substantial and material question of fact as
to
whether he possesses the requisite character qualifications to be a
Commission licensee. Because we are unable to make a determination on
the
record currently before us that grant of Burton's application for a new
GMRS
license would serve the public interest, convenience, and necessity, we
hereby designate the application for hearing, as required by Section
309(e)
of the Act.[5]


--------------------------------------------------------------------------
--
----------

http://www.nlgcdc.org/briefs/microra...sition_pi.html


http://www.cultureandfamily.org/arti...yi d=cfreport


He's filing for a license, what does that have to do
with contesting a NAL before a court of law?
I'll say it again, you can not contest a NAL before
a court of law. You keep posting this stuff, none shows
the contesting of a NAL before a court of law.

Read section II very carefully. There is a difference between paid and
unpaid NAL's and whether you can challenge them in district court or in an
appellate court. From my reading it appears that as long as you DON'T
immediately pay the forfeiture you can challenge the NAL in district court.
It's a bit much to read, full of legal theory and citing sections of
different CFR's and case law, but does confirm what I have said all along -
you can challenge a NAL in court.

http://www.fcc.gov/ogc/documents/opi...03/01-1485.pdf


--
Leland C. Scott
KC8LDO

Wireless Network
Mobile computing
on the go brought
to you by Micro$oft

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

"Landshark" wrote in message
. com...

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

"Landshark" wrote in message
. com...

"Leland C. Scott" wrote in message
...
You and Frank need to do some more reading. The appeal court process
is
there too, but both of you like to conveniently ignore it. As far as
the
regulations go, that they are only "rules", go tell that to an
attorney
and watch him laugh at you. Better yet get a NAL yourself and tell
that
wopper to the judge.


You don't comprehend it do you?

I understand it just fine.

You can not contest a
NAL in a court of law, you have to contest it before the FCC.

http://www.fcc.gov/oalj/
http://newmedia.cityu.edu.hk/cyberla...dminlaw03.html
http://www.ku.edu/~kulaw/library/admin_res.html


--------------------------------------------------------------------------
--
----
Before the
Federal Communications Commission
Washington, D.C. 20554


In the Matter of Application of
RICHARD A. BURTON
For General Mobile Radio Service License
)
)
)
)
)



FCC File No. 0000920745
Docket No. 03-188




HEARING DESIGNATION ORDER


Adopted: August 6, 2003 Released: August 7, 2003


By the Chief, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau:


INTRODUCTION
1. By this Hearing Designation Order, we commence a hearing before an
FCC
Administrative Law Judge (ALJ) to determine whether the captioned
application by Richard A. Burton (Burton) for a new General Mobile
Radio
Service (GMRS) license should be granted. As discussed below, Burton
has
been convicted on four separate occasions for the unlicensed operation
of
a
radio transmission apparatus in violation of Sections 301 or 318 of the
Communications Act of 1934, as amended (Act).[1] In addition, Burton
had
his
amateur radio license revoked in 1981 for willful and repeated
violation
of
the Commission's regulations governing the Amateur Radio Service.[2] In
1992, his application for new amateur radio station and operator
licenses
was designated for hearing based on character qualifications issues
arising
from the 1981 license revocation and the first two of his four felony
convictions[3] for unlicensed radio operations.[4] Based on the
information
before us, we believe that Burton's history of repeated violations of
the
Act and our Rules raises a substantial and material question of fact as
to
whether he possesses the requisite character qualifications to be a
Commission licensee. Because we are unable to make a determination on
the
record currently before us that grant of Burton's application for a new
GMRS
license would serve the public interest, convenience, and necessity, we
hereby designate the application for hearing, as required by Section
309(e)
of the Act.[5]


--------------------------------------------------------------------------
--
----------

http://www.nlgcdc.org/briefs/microra...sition_pi.html

Dude, this is a: "DEFENDANT'S MOTION IN OPPOSITION TO PLAINTIFF'S MOTION FOR
PRELIMINARY INJUNCTION" It's an injunction to prevent him from Broadcasting,
nothing to due with a NAL.

1 United States Telephone Association v. F.C.C., No. 92-1321, No. 93-1526,
1994 U.S. App. Lexis 17002.
2 Had defendant, rather than plaintiff, come to this Court seeking
injunctive or declaratory relief, the F.C.C. would be vehemently urging
denial of review pending exhaustion of administrative remedies. In fact, in
a very similar case, Dougan v. F.C.C., 94 C.D.O.S. 2735, No. 92-70734 (9th
Cir. 1994) the F.C.C. argued to the Ninth Circuit that the only avenue for
judicial review in these cases is appeal to the District Court after the
F.C.C. has initiated formal enforcement proceedings to seize the forfeiture
amount.


http://www.cultureandfamily.org/arti...yi d=cfreport

Again, this says before the FCC commissioners, nothing about a court of
law.



He's filing for a license, what does that have to do
with contesting a NAL before a court of law?
I'll say it again, you can not contest a NAL before
a court of law. You keep posting this stuff, none shows
the contesting of a NAL before a court of law.

Read section II very carefully. There is a difference between paid and
unpaid NAL's and whether you can challenge them in district court or in an
appellate court. From my reading it appears that as long as you DON'T
immediately pay the forfeiture you can challenge the NAL in district
court.
It's a bit much to read, full of legal theory and citing sections of
different CFR's and case law, but does confirm what I have said all
along -
you can challenge a NAL in court.

http://www.fcc.gov/ogc/documents/opi...03/01-1485.pdf

OK, so AT&T, which has more lawyers than you & I have friends filed a
petition. They also paid the fine first, so again,
where is the common person going with this? Hire a bunch
of lawyers that will end up costing you more than the fine?

Landshark


--
That does suck..sometimes you're the
windshield..sometimes you're the bug.

Read section II as I've stated and quit beating around the bush ignoring the
contents. It specificaly mentions NAL, the review process etc. It's all
mentioned right there. I'll quote for you since you can't read.

http://www.fcc.gov/ogc/documents/opi...03/01-1485.pdf
----------------------------------------------------------------------------
--------
II
Before considering the merits of AT&T's challenge, we
must address the Commission's argument that we lack jurisdiction
over appeals from NAL forfeiture proceedings. The

this is a NAL forfeiture proceeding appeal Landshark. It says so VERY
CLEARLY.
It is being challenged in a court of law, specifically :

United States Court of Appeals

FOR THE DISTRICT OF
COLUMBIA CIRCUIT

So what part of "NAL", "Appeal", "United States Court of Appeals" etc.
don't you
understand?

NAL procedure is just one of two ways in which the Commission
may impose forfeiture penalties, each of which comes
with a different set of jurisdictional requirements-differences
that are relevant to the issue before us.

Gee guess what? The court even says the NAL precedures
are "relevant to the issue before us". Even the court once again says
this is
about a NAL, regardless of how much you want to spin it.

See generally
Action for Children's Television v. FCC, 59 F.3d 1249, 1253-
54 (D.C. Cir. 1995) (describing the two forfeiture procedures).
Under the first and more formal procedure, the Commission
provides notice to the alleged violator and affords it an
opportunity for a hearing before an administrative law judge,

And as I've said before one avenue is a review in front of an
administrative law judge as I've asserted several times before, despite
Frank's
protestations to the contrary.

who may then choose to impose forfeiture penalties. 47
U.S.C. § 503(b)(3)(A). The resulting forfeiture order is then
subject to review in the court of appeals. Id. If the penalty

Gee Landshark it says right here in the court's own words you can appeal
the NAL,
i.e. the forfeiture order.

remains unpaid once the forfeiture determination becomes
final, the United States may bring a collection action in
district court. Id. § 503(b)(3)(B).

Under the less formal NAL procedure at issue in this case,
the Commission issues a notice of apparent liability to the
alleged violator, affording it only the opportunity to show, in
writing, why no forfeiture penalty should be imposed. Id.
§ 503(b)(4). The Commission may then issue an order directing
payment of the proposed forfeiture, reducing the amount
to be paid, or canceling the forfeiture altogether. 47 C.F.R.
§ 1.80(f)(4). If the order becomes final and the forfeiture
subject refuses to pay, then Communications Act section
504(a) permits the Commission to refer the matter to the
Department of Justice for commencement of a civil action to
recover the forfeiture in a district court, where the forfeiture
subject is entitled to a trial de novo. 47 U.S.C. § 504(a).
The Commission argues that unlike the formal hearing
forfeiture process, where the Communications Act expressly
gives courts of appeals jurisdiction to review forfeiture orders,
the less formal NAL forfeiture proceedings are not
subject to review in courts of appeals. The plain language of
the Communications Act indicates otherwise. Section 402(a),
the Act's general review provision, vests in courts of appeals
exclusive jurisdiction over ''[a]ny proceeding to enjoin, set
aside, annul or suspend'' or determine the validity of final
Commission orders, 47 U.S.C. § 402(a); see 28 U.S.C.
§ 2342(1)-a category that includes forfeiture orders, see

i.e. "NALs. The Appellate court disagrees with the FCC, and guess who
wins
that argument? The court. They even cite the relevant CFR section.

Illinois Citizens Comm. for Broad. v. FCC, 515 F.2d 397, 402
(D.C. Cir. 1974) (holding that the court of appeals has jurisdiction
over a third party's challenge to a paid forfeiture
order pursuant to section 402(a)). And although section
504(a) creates an exception to that general rule, that exception
is, by its express terms, limited to government actions for
the recovery of forfeiture penalties: Section 504(a) provides
that NAL forfeitures ''shall be recoverable TTT in a civil suit
in the name of the United States'' brought in the district
court, and that ''any suit for the recovery of a forfeiture
6
imposed pursuant to the provisions of this chapter shall be a
trial de novo.'' 47 U.S.C. § 504(a) (emphasis added). Because
section 504(a) says nothing about district court jurisdiction
where the forfeiture has already been recovered, it
appears to leave court of appeals jurisdiction intact where, as
here, the forfeiture subject has paid the assessed penalty.
Though the Commission agrees that section 504(a) deals
only with challenges to unpaid forfeiture orders, it argues
that section 504(a) nevertheless overrides section 402(a), albeit
implicitly, for purposes of challenging paid forfeiture
orders. For that proposition, the Commission relies on
Pleasant Broadcasting Co. v. FCC, 564 F.2d 496 (D.C. Cir.
1977). Addressing the question of court of appeals jurisdiction
over NAL forfeiture orders, Pleasant Broadcasting
states that ''section 504 of the Communications Act of 1934
vests exclusive jurisdiction in the district courts to review, in
the first instance, licensee challenges to forfeiture orders.''
Id. at 497 (citation omitted). According to the Commission,
Pleasant Broadcasting holds that section 504(a) vests exclusive
jurisdiction in district courts for review of all forfeiture
orders, paid or unpaid. And because section 504(a) contains
no provision for post-compliance review, the Commission argues,
Pleasant Broadcasting means that forfeiture subjects
must either bring a pre-compliance challenge in district court
or bring no challenge at all; payment effectively renders
forfeiture orders unreviewable.

Despite its broad statement of its holding, Pleasant Broadcasting
provides little support for the Commission's theory.
To begin with, Pleasant Broadcasting deals not with the
question of post-compliance review of forfeiture orders, but
rather with a forfeiture subject's challenge to an unpaid
forfeiture order. The court's reasoning reflects the importance
of that distinction. Limiting its holding to cases in
which section 504's ''special review mechanism'' is both adequate
and available, the court distinguished Illinois Citizens,
515 F.2d 397, in which this court accepted jurisdiction over
public-interest groups' challenge to a Commission forfeiture
for broadcasting obscene and indecent materials despite the
7
fact that the broadcaster had already paid the penalty. Under
those circumstances, where section 504 proceedings to
collect the forfeiture ''would never have been instituted,''
Pleasant Broadcasting says that section 504 review is ''unavailable,''
and court of appeals review pursuant to section
402(a) is therefore ''appropriate.'' Id. at 501, 502-03. Although
Illinois Citizens involved a third-party challenge to a
paid forfeiture order, the same logic applies when the forfeiture
subject itself seeks to bring a post-compliance challenge:
Because payment renders section 504 review ''unavailable,''
court of appeals review pursuant to section 402(a) is ''appropriate.''
Pleasant Broadcasting's holding, moreover, rests at least in
part on the court's concern that allowing forfeiture subjects to
bring challenges to forfeiture orders in courts of appeals
would give them the proverbial ''two bites at the apple'':
They would ''be able to challenge the forfeiture order in a
court of appeals on the basis of the administrative record and,
if unsuccessful, TTT litigate all issues de novo in the district
court, with a right of appeal to the court of appeals.'' Id. at
501. Even under the Commission's theory, that danger does
not exist here. Because section 504(a) review is, by its terms,
available only in recovery actions, AT&T will get just one
bite.

In the end, Pleasant Broadcasting tells us only that section
504(a) establishes district courts as the exclusive forum for
challenges to unpaid forfeiture orders. Like section 504(a)
itself, it has no effect on court of appeals jurisdiction to
review challenges to paid forfeiture orders.
To be sure, as the Commission points out, allowing forfeiture
subjects to choose between challenging unpaid forfeiture
orders in district court and challenging paid forfeiture orders
in the court of appeals means that they can control the forum
of review by deciding whether or not to pay the penalty. The
obvious answer to this concern is section 504(a)'s plain language:
By limiting district court jurisdiction to unpaid forfeitures,
it gives forfeiture subjects that very choice. Such
forum-controlling compliance choices, moreover, are common
8
in statutes providing for judicial review of regulatory decisions.
The Communications Act itself contains another such
provision, which allows telecommunications carriers subject to
orders that conclude complaint-initiated investigations either
to appeal the order in the court of appeals under section
402(a), 47 U.S.C. § 208(b)(3), or, assuming the order requires
the payment of money, to refuse to comply and instead wait
for the complainant to file a petition in district court, id.
§ 407.

Moreover, even where, as here, a statute fails to make the
choice explicit, but rather provides only a special procedural
mechanism for the government to collect payments owed to it,
that choice nevertheless remains; the collection mechanism
has no effect on the payer's ability to obtain post-compliance
review pursuant to generally applicable jurisdictional principles.

Again the court states that you have a review course of action.
They, the court, even cite further case law to support their postion.

For example, in the customs context, where Congress
granted exclusive jurisdiction to the Court of International
Trade over suits for the recovery of certain civil penalties, 28
U.S.C. § 1582(1), penalty subjects may ''obtain[ ] judicial review
in the Court of International Trade by refusing to pay
the penalty and waiting for the government to commence an
enforcement action.'' Trayco, Inc. v. United States, 994 F.2d
832, 837 (Fed. Cir. 1993). But they also have ''the option, and
more importantly, the right'' to pay the penalty and later
''initiate suit in the district court to challenge the penalty''
pursuant to the Tucker Act, 28 U.S.C. § 1346(a)(2). Id.
Similarly, here, where AT&T has already paid the penalty
rather than wait for the Government to commence a recovery
action, it has the option-and the right-to initiate suit in the
court of appeals pursuant to section 402(a).
-----------------------------------------------------------------------

Why are you so resistance to the idea that there is a jurisdictional review
process? And as you can read above there are two ways to do it, prepay the
fine or not. Depending on the choice made determines how the process is
done, i.e. which court you have to go to. You seem to want to really believe
that the FCC is some kind of rouge agency that does as it pleases without
any checks and balances. It just isn't so. 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 acountable.

--
Leland C. Scott
KC8LDO

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