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Old April 28th 06, 03:34 PM posted to rec.radio.amateur.misc,rec.radio.amateur.policy
an old freind
 
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Default K1MAN wins again!

wrote:
I see nothing in the ruling or the NAL/FO that will invalidate the
fine.
I never said there was
The court ordered that the FCC review and fix their debt
collection practices, specifically the invocation of the Red Light Rule
was found to be unconstitutional. There is no mention of the
Forfeiture process being a problem. This only deals with the recently
adopted (in 2004) debt collection rules as evidenced by the fact that
the FO that got this into court has not been struck down.

However, if it had been, and the FCC choose to discontinue the FO
proceedings in K1MAN's case, then the rejection of his renewal
application gets easier not harder.

K1MAN has a valid argument that enforcement actions that are not
"final" cannot be used as justification for dismissal of his renewal
application. However, what constitutes a final unappealable FO is as
follows:

which means since the final did not exist when they set aside his
license he outgh to get a his renewal

they may be able to come back later and revoke that license that is
another matter

What has been stuck down is the automatic rejection of all license
applications by those who owe the FCC money for what ever reason they
owe it, not the ability of the FCC to fine folks who break the rules.

I enevr said it did you keep insisting that what happens to K1man is
one block of matters

it isn't I would would the court has all butrdered a vitory fro now in
the renewal issue the FO is another matter

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