Home |
Search |
Today's Posts |
|
#1
|
|||
|
|||
"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 |
Reply |
Thread Tools | Search this Thread |
Display Modes | |
|
|
Similar Threads | ||||
Thread | Forum | |||
'keyclowns' prevail! | Policy |