"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.

On Sun, 20 Jul 2003 18:24:07 GMT, Dee D. Flint wrote:

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.

No, Dee, the FCC cannot "seize" equipment under any circumstance.
The seizure would have to be done by the U S Marshal Service in
compliance with a court order.

Even in a situation like this, the probability of getting a warrant
- and the Marshal to serve it - within a few hours is rather nil
especially when the U.S. Attorney's Office for the Northern District
of California is involved. In years past there was a warrant
paralegal there who speeded our cases through on a one-to-one
personal basis because our paperwork was always complete,
understandable, and error-free, but she is long retired and her
successors are not so inspired.

Too many people in the U S Attorney's office, the Marshals, and the
courts are involved in examining and approving the procedure, and
getting them out of bed in the middle of the night is not
realistic for situations like this where the culprit has been
identified and interviewed and, most important, the interference
abated.

This isn't Lennie Briscoe and "Law and Order" where warrants appear
out of thin air. Our usual lead time on an equipment seizure
warrant was three days and that was considered "fast".

If you haven't figured it out by now, applying for and getting
warrants was one of my major specialties at the FCC and I've been told
the procedures and the roadblocks haven't changed.

--
73 de K2ASP - Phil Kane

From a Clearing in the Silicon Forest
Beaverton (Washington County) Oregon

(yeah... off-topic but I am a fan of both shows mentioned)

I just had a interesting though in relation to that television show.....
Since Briscoe on "Law and Order" and Sipowitz on "NYPD Blue" both can't seem
to keep a partner, I think it would be cool to see the series where they are
both partners eh?


--
Ryan, KC8PMX
FF1-FF2-MFR-(pending NREMT-B!)
--. --- -.. ... .- -. --. . .-.. ... .- .-. . ..-. .. .-. . ..-.
... --. .... - . .-. ...

This isn't Lennie Briscoe and "Law and Order" where warrants appear
out of thin air. Our usual lead time on an equipment seizure
warrant was three days and that was considered "fast".

If you haven't figured it out by now, applying for and getting
warrants was one of my major specialties at the FCC and I've been told
the procedures and the roadblocks haven't changed.

--
73 de K2ASP - Phil Kane

From a Clearing in the Silicon Forest
Beaverton (Washington County) Oregon