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Old July 20th 03, 07:24 PM
Dee D. Flint
 
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"Phil Kane" wrote in message
.net...
On Sat, 19 Jul 2003 03:11:25 GMT, Dee D. Flint wrote:

Get it straight, Dee. This bozo was not operating under the color
of any authorization (station or operator license or blanket rule
authority) and is being treated as such.

The fact that he holds an amateur license authorizing him to operate
on amateur frequencies is meaningless at this stage.


True enough but they chose to take the approach of ordering him to return
the equipment to the unmodified state rather than simply just

confiscating
it, which they could have done.


No, Dee, "they" could not have "done". The FCC does not have the
authority to confiscate anything, and in any event, radio equipment
that is not smuggled into the United States is not contraband and
is not seizable without a court order or statutory authority.

The bozo (a highly technical term) could have wanted to surrender the
equipment as part of a plea bargain where all other action is
deferred, but it appears from the questions being asked in the
letter that the FCC District Office has a more substantial penalty
in mind. This is just the first step.

--
73 de K2ASP - Phil Kane


They could have seized it as part of the "evidence" for an investigation
though. It would take them only a few hours (if that) to get the
appropriate warrant.

 
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