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celery salt
garlic powder parsley flakes brown sugar 1 teaspoon sage 2 onions 6 cloves garlic bunch green onions, chopped Cut the children?s butts and the beef roast into pieces that will fit in the grinder. Run the meat through using a 3/16 grinding plate. Add garlic, onions and seasoning then mix well. Add just enough water for a smooth consistency, then mix again. Form the sausage mixture into patties or stuff into natural casings. Stillborn Stew By definition, this meat cannot be had altogether fresh, but have the lifeless unfortunate available immediately after delivery, or use high quality beef or pork roasts (it is cheaper and better to cut up a whole roast than to buy stew meat). 1 stillbirth, de-boned and cubed ¼ cup vegetable oil 2 large onions bell pepper celery garlic ½ cup red wine 3 Irish potatoes 2 large carrots This is a simple classic stew that makes natural gravy, thus it does not have to be thickened. Brown the meat quickly in very hot oil, remove and set aside. Brown the onions, celery, pepper and garlic. De-glaze with wine, return meat to the pan and season well. Stew on low fire adding small amounts of water and seasoning as necessary. After at least half an hour, add the carrots and potatoes, and simmer till root vegetables break with a fork. Cook a fresh pot of long grained white rice. Pre-mie Pot Pie When working with prematurely delivered newborns (or chicken) use sherry; red wine with beef (buy steak or roast, do not pre-boil). Pie crust (see index) Whole fresh pre-mie; eviscerated, head, hands and feet removed Onions, bell pepper, celery ½ cup wine Root vegetables of choice (turnips, carrots, potatoes, etc) cubed Make a crust from scratch - or go shamefully to the frozen food section of your favorite grocery and select 2 high quality pie crusts (you will need one for the top |
As I stated the only speech on the radio the FCC is allowed to regulate is Obscene and indecent material. That's commercial broadcast radio and TV. Ham radio you can't do "speech" that has pecuniary interest in it. This is really a feature for hams, in that it keeps businesses from invading our bands. |
meat to the pan and season well.
Stew on low fire adding small amounts of water and seasoning as necessary. After at least half an hour, add the carrots and potatoes, and simmer till root vegetables break with a fork. Cook a fresh pot of long grained white rice. Pre-mie Pot Pie When working with prematurely delivered newborns (or chicken) use sherry; red wine with beef (buy steak or roast, do not pre-boil). Pie crust (see index) Whole fresh pre-mie; eviscerated, head, hands and feet removed Onions, bell pepper, celery ½ cup wine Root vegetables of choice (turnips, carrots, potatoes, etc) cubed Make a crust from scratch - or go shamefully to the frozen food section of your favorite grocery and select 2 high quality pie crusts (you will need one for the top also). Boil the prepared delicacy until the meat starts to come off the bones. Remove, de-bone and cube; continue to reduce the broth. Brown the onions, peppers and celery. Add the meat then season, continue browning. De-glaze with sherry, add the reduced broth. Finally, put in the root vegetables and simmer for 15 minutes. Allow to cool slightly. Place the pie pan in 375 degree oven for a few minutes so bottom crust is not soggy, reduce oven to 325. Fill the pie with stew, place top crust and with a fork, seal the crusts together then poke holes in top. Return to oven and bake fo |
add the carrots and potatoes,
and simmer till root vegetables break with a fork. Cook a fresh pot of long grained white rice. Pre-mie Pot Pie When working with prematurely delivered newborns (or chicken) use sherry; red wine with beef (buy steak or roast, do not pre-boil). Pie crust (see index) Whole fresh pre-mie; eviscerated, head, hands and feet removed Onions, bell pepper, celery ½ cup wine Root vegetables of choice (turnips, carrots, potatoes, etc) cubed Make a crust from scratch - or go shamefully to the frozen food section of your favorite grocery and select 2 high quality pie crusts (you will need one for the top also). Boil the prepared delicacy until the meat starts to come off the bones. Remove, de-bone and cube; continue to reduce the broth. Brown the onions, peppers and celery. Add the meat then season, continue browning. De-glaze with sherry, add the reduced broth. Finally, put in the root vegetables and simmer for 15 minutes. Allow to cool slightly. Place the pie pan in 375 degree oven for a few minutes so bottom crust is not soggy, reduce oven to 325. Fill the pie with stew, place top crust and with a fork, seal the crusts together then poke holes in top. Return to oven and bake for 30 minutes, or until pie crust is golden brown. Sudden Infant Death Soup SIDS: delicious in winter, comparable to old fashioned Beef and Vegetable Soup. Its free, you can sell the crib, baby clothes, toys, stroller... and so easy to procure if such a lucky find is at hand (just pick him up from the crib and he?s good to go)! SIDS victim, cleaned ½ cup cooking oil Carrots onions broccoli whole cabbage fresh green beans potato turnip celery tomato ½ stick butter 1 cup cooked pasta (macaroni, shells, etc.) Remove as much meat as possible |
Right here on the internet, after all he has access to communications web sites so that makes him a expert. Now that you mention the 'net, if I had something I wanted to broadcast on a "microbroadcasting" station (or pirate station) I could get my message (or music or art or whatever) distributed better with a web site. You get worldwide coverage and the "listeners" can get it at their convenience, not just when you transmit if you did it with radio. And nobody beyond a few miles away could hear it anyway on radio. |
the meat overnight.
Get the grill good and hot while placing meat, vegetables, and fruit such as pineapples or cherries on the skewers. Don?t be afraid to use a variety of meats. Grill to medium rare, serve with garlic cous-cous and sautéed asparagus. Coffee and sherbet for desert then walnuts, cheese, and port. Cigars for the gentlemen (and ladies if they so desire)! Crock-Pot Crack Baby When the quivering, hopelessly addicted crack baby succumbs to death, get him immediately butchered and into the crock-pot, so that any remaining toxins will not be fatal. But don?t cook it too long, because like Blowfish, there is a perfect medium between the poisonous and the stimulating. Though it may not have the same effect on your guests, a whole chicken cooked in this fashion is also mighty tasty. 1 newborn - cocaine addicted, freshly expired, cleaned and butchered Carrots onions leeks celery bell pepper potatoes Salt pepper garlic, etc 4 cups water Cut the meat into natural pieces and brown very well in olive oil, remove, then brown half of the onions, the bell pepper, and celery. When brown, mix everything into the crock-pot, and in 6 to 8 hours you have turned a hopeless tragedy into a heartwarming meal! George?s Bloody Mary Don?t shy away from this one |
are tender
(2 hours approximately). Continue seasoning to taste. Before serving, add butter and pasta, serve piping with hot bread and butter. Offspring Rolls Similar to Vietnamese style fried rolls, they have lots of meat (of course this can consist of chicken, beef, pork, or shrimp). Who can resist this classic appetizer; or light lunch served with a fresh salad? Versatility is probably this recipe?s greatest virtue, as one can use the best part of a prime, rare, yearling, or the morticians occasional horror: a small miracle stopped short by a drunk driver, or the innocent victim of a drive-by shooting... 2 cups finely chopped very young human flesh 1 cup shredded cabbage 1 cup bean sprouts 5 sprigs green onion, finely chopped 5 cloves minced garlic 4-6 ounces bamboo shoots Sherry chicken broth oil for deep frying (1 gallon) Salt pepper soy & teriyaki minced ginger, etc. 1 tablespoon cornstarch dissolved in a little cold water 1 egg beaten Make the stuffing: Marinate the flesh in a m |
wildly
different depending upon what he or she has consumed during its 10 to 14 months of life... 4 well chosen cutlets (from the breasts of 2 healthy neonates) 2 large lemons (fresh lemons always, if possible) Olive oil Green onions Salt pepper cornstarch neonate stock (chicken, or turkey stock is fine) garlic parsley fresh cracked black pepper Season and sauté the cutlets in olive oil till golden brown, remove. Add the garlic and onions and cook down a bit. Add some lemon juice and some zest, then de-glaze with stock. Add a little cornstarch (dissolved in cold water) to the sauce. You are just about there, Pour the sauce over the cutlets, top with parsley, lemon slices and cracked pepper. Serve with spinach salad, macaroni and cheese (homemade) and iced tea... Spaghetti with Real Italian Meatballs If you don?t have an expendable bambino on hand, you can use a pound of ground pork instead. The secret to great meatballs, is to use very lean meat. 1 lb. ground flesh; human or pork 3 lb. ground beef 1 cup finely chopped onions 7 - 12 cloves garlic 1 cup seasoned bread crumbs ½ cup milk, 2 egg |
are still paranoid, you can substitute pork butt.
5 lb. lean chuck roast 3 lb. prime baby butt 2 tablespoons each: salt black, white and cayenne peppers celery salt garlic powder parsley flakes brown sugar 1 teaspoon sage 2 onions 6 cloves garlic bunch green onions, chopped Cut the children?s butts and the beef roast into pieces that will fit in the grinder. Run the meat through using a 3/16 grinding plate. Add garlic, onions and seasoning then mix well. Add just enough water for a smooth consistency, then mix again. Form the sausage mixture into patties or stuff into natural casings. Stillborn Stew By definition, this meat cannot be had altogether fresh, but have the lifeless unfortunate available immediately after delivery, or use high quality beef or pork roasts (it is cheaper and better to cut up a whole roast than to buy stew meat). 1 stillbirth, de-boned and cubed ¼ cup vegetable oil 2 large onions bell pepper celery garlic ½ cup red wine 3 Irish potatoes 2 large carrots This is a simple classic stew that makes natural gravy, thus it does not have to be thickened. Brown the meat quickly in very hot oil, remove and set aside. Brown the onions, celery, pepper and garlic. De-glaze with wine, return meat to the pan and season well. Stew on low fire adding small amounts of water and seasoning as necessary. After at least half an hour, add the carrots and potatoes, and simmer till root veget |
and fourth from the
service stations. Roast Leg of Amputee By all means, substitute lamb or a good beef roast if the haunch it is in any way diseased. But sometimes surgeons make mistakes, and if a healthy young limb is at hand, then don?t hesitate to cook it to perfection! 1 high quality limb, rack, or roast Potatoes, carrot Oil celery onions green onions parsley garlic salt, pepper, etc 2 cups beef stock Marinate meat (optional, not necessary with better cuts). Season liberally and lace with garlic cloves by making incisions, and placing whole cloves deep into the meat. Grease a baking pan, and fill with a thick bed of onions, celery, green onions, and parsley. Place roast on top with fat side up. Place uncovered in 500° oven for 20 minutes, reduce oven to 325°. Bake till medium rare (150°) and let roast rest. Pour stock over onions and drippings, carve the meat and place the slices in the au jus. Bisque à l?Enfant Honor the memory of Grand |
On Sat, 25 Dec 2004 21:27:10 GMT, robert casey wrote:
As I stated the only speech on the radio the FCC is allowed to regulate is Obscene and indecent material. That's commercial broadcast radio and TV. That was a trick question which we used to spring on new agents during their training. Actually there is more, all with required format and time, which are applicable to broadcast statsions: Station ID (most radio services as well) EAS/EBS weekly and monthly tests (cable systems as well) Renewal filing announcements Lottery/"gaming" activities (special rules apply) Candidates for elective public office ("equal time" requirements) Recorded material identification Advertiser identification (Rule sections available for those who are real masochists.) Unfortunately, the "Fairness Doctrine" (requiring balanced viewpoints on "controversial issues of public importance") has gone by the wayside. More effort was spent on determining what a "controversial issue of public importance" was than in presenting the "balanced viewpoint". And we hams think that the FCC rules pose burdens...... !!! -- 73 de K2ASP - Phil Kane |
of lamb, stuffed chicken, roast pork spiral ham,
Cranberry pineapple salad, sweet potatoes in butter, vegetable platter, tossed salad with tomato and avocado, parsley new potatoes, spinich cucumber salad, fruit salad Bran muffins, dinner rolls, soft breadsticks, rice pilaf, croissants Apple cake with rum sauce, frosted banana nut bread sherbet, home made brownies Iced tea, water, beer, bloody marys, lemonade, coffee The guests select food, beverages, silverware... everything from the buffet table. They move to wherever they are comfortable, and sit with whoever they choose. Provide trays so your guests will not spill everything all over your house from carrying too much, nor will they have to make 10 trips back and fourth from the service stations. Roast Leg of Amputee By all means, substitute lamb or a good beef roast if the haunch it is in any way diseased. But sometimes surgeons make mistakes, and if a healthy young limb is at hand, then don?t hesitate to cook it to perfection! 1 high quality limb, rack, or roast Potatoes, carrot Oil celery onions green onions parsley garlic salt, pepper, etc 2 cups beef stock Marinate meat (optional, not nece |
Phil Kane wrote:
On Sat, 25 Dec 2004 21:27:10 GMT, robert casey wrote: As I stated the only speech on the radio the FCC is allowed to regulate is Obscene and indecent material. That's commercial broadcast radio and TV. That was a trick question which we used to spring on new agents during their training. Actually there is more, all with required format and time, which are applicable to broadcast statsions: Station ID (most radio services as well) EAS/EBS weekly and monthly tests (cable systems as well) Renewal filing announcements Lottery/"gaming" activities (special rules apply) Candidates for elective public office ("equal time" requirements) Recorded material identification Advertiser identification There's also a rule that mandates the broadcast of "public or community service" programming that noone will want to listen to on Sunday morning. If you want to get the license renewed you better, that is... |
"Phil Kane" wrote in
ganews.com: On 24 Dec 2004 14:35:46 GMT, Alun wrote: One of the first questions on the Bar Admission form in most if not all states is whether you have ever been prosecuted for the unlicensed practice of law (which includes giving legal opinions and interpretations to others). Phil, you know as well as anyone that a post on a newsgroup is not a legal opinion. You know that, I know that, but does the person who is foolish enough to joust with a better-armed person know that?? So, you're bluffing him? I have studied the rules covering UPL (unauthorised practice of law) quite extensively, the reason being that I'm a patent agent and it's a constant concern for me. My licence authorises me to perform services that generally are the practice of law, and that's no problem as such, as it's a federal licence (federal trumps state!). Potential problems arise over certain services that may or may not be covered by the licence, and/or may or may not be the practice of law. The UPL rules vary enormously from state to state. In some states, such as here in MD, the rules are quite specific, and in some others there are vague statutes but case law provides a definition of the practice of law. Generally, however, it seems that providing a legal opinion is the practice of law, except in Utah! Other things that law school professors deem to be the practice of law may or not be, depending on state law. For example, drafting a contract is the practice of law in many (but not all) states, but if standard forms are used then it is often still not the practice of law, and here in MD it is only the practice of law if the contract is for real estate, and not merely for personal property, at least AFAIK. Getting back to legal opinions, there has been no practice of law unless what has been given really is a legal opinion. Generally, there must have been some consideration (payment!), or failing that, at least some form of client relationship, which doesn't normally exist in Usenet postings. As you said, you know that, I know that, but others may not. One loses that one anyhow by using the "eff" word, indicating a basic inability to deliver a convincing argument in polite society. I agree that using the F word is inappropriate, and usually the resort of someone who has already lost the argument. I didn't even want to get into the fact that "microbroadcasting" is really a cover name for the movement to legalize unlawful i.e. pirate/unlicensed/unlawful broadcasting..... There is a legitimate argument in favour of licence free broadcasting at low power levels. You would know the details far better than I do, but I think the lowest class of broadcasting licence in the US authorises 5kW. I have known people who were involved in pirate broadcasting at much lower power levels, say 50 or 100W, and who were not making any money atall from doing so, just doing it for it's own sake. I could almost have been tempted to join them if I didn't have a ham licence to put at risk. Who's to say there isn't a place for that kind of thing? Most of the proposals I have seen don't really fit very well, though, as they have talked about 'community' broadcasting with 'community' content, whereas most of the pirates tend to be music stations, even those who are low power and carry no ads. I paid my dues on that battle, and anyhow I have better things to do than to keep trying to educate the obviously education-resistant. I may even do some serious ham radio this weekend.... Enjoy the holidays..... -- 73 de K2ASP - Phil Kane Happy New Year! 73 de Alun, N3KIP |
United States Code are also part of the FCC rules
Todd N9OGL "Phil Kane" wrote in message ganews.com... On Thu, 23 Dec 2004 18:45:19 -0600, Todd Daugherty wrote: (a) it's not an FCC rule and is open to court interpretation. What do you mean it's not an FCC rule?? I think you better look again try 47 USC 326 or Title 47 of the United States Code (Telegraphs, Telephones, and Radiotelegraphs), Chapter 5 ( WIRE OR RADIO COMMUNICATION), Subchapter 3 (SPECIAL PROVISIONS RELATING TO RADIO), Part 1 (General Provisions), Subsection 326 (Censorship) You didn't quote an FCC Rule (which are codified in Title 47 of the Code of Federal Regulations). You quoted a Federal statute (which is codified in the U.S. Code). THEY "AIN'T" THE SAME !! As a wannabe lawyer you should know the difference. You have demonstrated above that you do not. You went on stating 42 USC 1983 (which is in a set of rules that has nothing to do with radio or radio communication) Looks to me like a statute, not a rule. Gotta keep the nominclature straight if you want knowledgeable people to consider it. Do you know the difference between substantive law and procedural law ?? but what I'm talking about is a FCC rule and has been since long before the FCC. You quoted no FCC Rule, and in any event, no FCC Rules existed before the formation of the FCC. Go get your degree in physics. Perhaps you will find a way to repeal Newton's Laws, which after all can violate one's freedom of movement and expression. -- 73 de K2ASP - Phil Kane ----== Posted via Newsfeeds.Com - Unlimited-Uncensored-Secure Usenet News==---- http://www.newsfeeds.com The #1 Newsgroup Service in the World! 100,000 Newsgroups ---= East/West-Coast Server Farms - Total Privacy via Encryption =--- |
On Sun, 26 Dec 2004 01:44:38 GMT, robert casey wrote:
There's also a rule that mandates the broadcast of "public or community service" programming that noone will want to listen to on Sunday morning. If you want to get the license renewed you better, that is... That went away about 20 years ago with the demise of the mandatory Program Log and the dreaded Composite Week Analysis. And even before you =could= get the license renewed even if the station did not meet the specified "quotas" for different program types - all it took was an evidentiary hearing before an ALJ rather than staff renewal. All gone now, and nobody misses it..... -- 73 de K2ASP - Phil Kane |
On Sun, 26 Dec 2004 08:00:43 -0600, Todd Daugherty wrote:
United States Code are also part of the FCC rules You get ZERO on the first exam in Legal Research. U S Code contains statutes passed by The Congress. The FCC Rules, part of the Code of Federal Regulations, are regulations promulgated by the Commission. Go and learn. -- 73 de K2ASP - Phil Kane |
On 26 Dec 2004 11:12:02 GMT, Alun wrote:
So, you're bluffing him? Who, me? Heaven forfend... ggg I have studied the rules covering UPL (unauthorised practice of law) quite extensively, the reason being that I'm a patent agent and it's a constant concern for me. My licence authorises me to perform services that generally are the practice of law, and that's no problem as such, as it's a federal licence (federal trumps state!). Potential problems arise over certain services that may or may not be covered by the licence, and/or may or may not be the practice of law. The UPL rules vary enormously from state to state. In some states, such as here in MD, the rules are quite specific, and in some others there are vague statutes but case law provides a definition of the practice of law. Generally, however, it seems that providing a legal opinion is the practice of law, except in Utah! When what you are doing is authorized by license, whether Federal or State, as long as you are within the activities authorized by that license, you are covered. This issue of Federal/State can get to be "interesting". For instance, if an attorney is not admitted to the Bar in State A but is admitted in any or all other states, the U S Court of Appeals for the circuit that includes State A, the Supreme Court of the US, and specialized Federal agencies, that attorney cannot represent clients in State A matters or in the state courts of State A, requires filing for special admission (equivalent to "reciprocity") on a case-by-case basis in the Federal courts in State A, and cannot open a law office or use a letterhead holding him/her out as an attorney in State A, although s/he can represent any clients before the specialized Federal agencies as long as the proper disclaimer is made. -- 73 de K2ASP - Phil Kane |
"Phil Kane" wrote in message
ganews.com... On 24 Dec 2004 14:35:46 GMT, Alun wrote: One of the first questions on the Bar Admission form in most if not all states is whether you have ever been prosecuted for the unlicensed practice of law (which includes giving legal opinions and interpretations to others). Phil, you know as well as anyone that a post on a newsgroup is not a legal opinion. You know that, I know that, but does the person who is foolish enough to joust with a better-armed person know that?? One loses that one anyhow by using the "eff" word, indicating a basic inability to deliver a convincing argument in polite society. I didn't even want to get into the fact that "microbroadcasting" is really a cover name for the movement to legalize unlawful i.e. pirate/unlicensed/unlawful broadcasting..... I paid my dues on that battle, and anyhow I have better things to do than to keep trying to educate the obviously education-resistant. I may even do some serious ham radio this weekend.... Enjoy the holidays..... -- 73 de K2ASP - Phil Kane Well said, Phil. Hope I can catch you OTA. -- Vy 73 de Bert WA2SI FISTS #9384 QRP ARCI #11782 |
On Tue, 28 Dec 2004 16:20:45 -0500, Bert Craig wrote:
$21,000.00 sentence can be handed down while putting the onus on the accused to prove themselves innocent (From a 1934 Act, I might add.) before a administrative judge borders on the obscene. Follow the bouncing ball.... The Notice of Liability (NAL) says "apparently liable to....for....." and gives the subject a chnance to say "hey, FCC, that isn't fair and antyhow I can't pay because...." The Notice of Forfeiture (NOF) is the next step and that says "you are liable.....for ......" and the issuing officer is required to consider and evaluate the subject's reply (or failure to respond) in finalizing the amount in conjunction with the Regional Counsel of the Enforcement Bureau. The penalty can be challenged in several ways. The subject can request Reconsideration on the Bureau level (several steps above the issuing officer) and further up, a Review by the full Commission. Or the subject can just refuse to pay. Then, the next move is up to the Commission to force payment in either of two ways - a full evidentiary hearing before an Administrative Law Judge or a full trial de novo in Federal District Court. In either case, the burden of proceeding (going to trial) and the burden of proof (proving the violation that the subject is accused of) are upon the FCC. IOW, the subject is innocent until proved guilty by a preponderance of evidence before a neutral tribunal and the subject gets his/her "day in court". Either proceeding can be appealed to the Federal Appellate Courts where the subject will have to prove that the FCC didn't follow the procedural rules to the letter - rarely does the Court of Appeals reverse the FCC on substantive matters within the FCC's competence. BTW, this proceure is outlined in Sections 503 and 504 of the Comm Act, which were amended in major part in 1978 to increase the penalties to current levels and define the procedures outlined above. But until someone has the stones (...and the discretionary means.) to challenge that process...that's the way it is. (I guess I'm just a good old "checks and balances" kind of guy.) This likely means never. Several have tried but none have succeeded, including broadcasters who have taken the procedure up to the Supreme Court of the United States. It really doesn't have to get that far, because in legal procedural cases, the decisions of the U S Court of Appeals for the District of Columbia are considered "the word of God" by the Federal regulatory agencies. I for one thank Phil for sharing the results of his vast experience and his relationship with the FCC with us. If he didn't care, he would simply say nothing...and we would remain ignorant. I love to teach the subject..... -- 73 de K2ASP - Phil Kane |
On Tue, 28 Dec 2004 20:34:46 -0500, Bert Craig wrote:
The penalty can be challenged in several ways. The subject can request Reconsideration on the Bureau level (several steps above the issuing officer) and further up, a Review by the full Commission. Sounds good, but is it expensive? These are all written petitions, and it depends on whether one wants to hire an attorney to do it or can do it themselves. Most good regulatory attorneys charge upwards from $200 per hour - in most cases it's a worthwhile investment whether the individual has a winning case or not. Or the subject can just refuse to pay. Then, the next move is up to the Commission to force payment in either of two ways - a full evidentiary hearing before an Administrative Law Judge or a full trial de novo in Federal District Court. In either case, the burden of proceeding (going to trial) and the burden of proof (proving the violation that the subject is accused of) are upon the FCC. IOW, the subject is innocent until proved guilty by a preponderance of evidence before a neutral tribunal and the subject gets his/her "day in court". Either proceeding can be appealed to the Federal Appellate Courts where the subject will have to prove that the FCC didn't follow the procedural rules to the letter - rarely does the Court of Appeals reverse the FCC on substantive matters within the FCC's competence. Also good, but again, sounds expensive. Is there ever a point where the accused has the right to a court appointed attorney? No, because both monetary and asset forfeiture proceedings are civil proceedings, not criminal. There are attornies and organizations which represent folks pro bono, but the issue has to be one which meets the agenda of the provider. If one is charged with a criminal violation of the U S Code, however, one is entitled to a public defender if one can't afford a defense attorney. Then again, one is always allowed to represent oneself, and thereby demonstrate to the court that s/he is either a bozo or has a good legal education. In my experience it's always been the former. I really do love when the FCC nails the perp, HOWEVER, I'm just not an "ends justifies the means" kind of guy. Let the punishment fit the crime. I can think of very little an individual can do re. RF energy justifying a $21,000.00 penalty...that's just MHO, of course. "Don't do the crime if you can't do the time...." The vast majority of high dollar forfeitures are levied where the individual has demonstrated disregard of either the Commission's rules or the Commission's authority. It sort of grabs the individual's attention and can be reduced (but not enlarged) during the proceedings if sufficient cause is shown. -- 73 de K2ASP - Phil Kane |
"Phil Kane" wrote in message ganews.com... When what you are doing is authorized by license, whether Federal or State, as long as you are within the activities authorized by that license, you are covered. . . . Phil - This is a little off subject, but I would appreciate your comments on what current FCC practice/policy is regarding minor amateur rule infractions. Haven't had any recent problems, but years ago I was caught with an AM sideband a little over the edge of the voice band. In those days, you responded to the FCC with an apology, and if it happened three times in two years, I understood that there would be a two-year license suspension. No fines involved. I know there is little if any monitoring going on these days for such things, but what is the normal penalty for what could be reasonably considered unintentional out of band violations? Are fines assessed for first or second-time offenders? ak (Now and then I catch myself calling a phone station below 21.2 MHz, thinking I was still on 20 meters.) |
Phil - This is a little off subject, but I would appreciate your comments on what current FCC practice/policy is regarding minor amateur rule infractions. Haven't had any recent problems, but years ago I was caught with an AM sideband a little over the edge of the voice band. In those days, you responded to the FCC with an apology, and if it happened three times in two years, I understood that there would be a two-year license suspension. No fines involved. I know there is little if any monitoring going on these days for such things, but what is the normal penalty for what could be reasonably considered unintentional out of band violations? Are fines assessed for first or second-time offenders? ak (Now and then I catch myself calling a phone station below 21.2 MHz, thinking I was still on 20 meters.) I've made that kind of mistake on 40m once or twice. I suspect that the FCC figures that most people will make occasional errors from time to time, and that most people will spot the error and correct it themselves. Most of the enforcement actions you hear about are idiots that keep on committing the offenses. Such that it becomes clear that they are doing it on purpose and are not oversights. |
On Mon, 27 Dec 2004 20:01:12 GMT, robert casey wrote:
I would appreciate your comments on what current FCC practice/policy is regarding minor amateur rule infractions. I've made that kind of mistake on 40m once or twice. I suspect that the FCC figures that most people will make occasional errors from time to time, and that most people will spot the error and correct it themselves. Most of the enforcement actions you hear about are idiots that keep on committing the offenses. Such that it becomes clear that they are doing it on purpose and are not oversights. That hits the nail on the head. For minor infractions that are not willful or repeated, the practice is to issue a Notice of Violation, which requires a written response as to how the problem came about and how you are going to prevent it from happening in the future. A monetary penalty can be issued only where the violation is willful (meaning that you know that you are doing the act, not necessarily that you intended to violate the law) or repeated (more than one day). Whewn one starts to rack up "brownie points", the Commission has ample ammunition to decide whether the licensee has the qualifications to remain a licensee. -- 73 de K2ASP - Phil Kane |
"Phil Kane" wrote in message
ganews.com... On Sun, 26 Dec 2004 08:00:43 -0600, Todd Daugherty wrote: United States Code are also part of the FCC rules You get ZERO on the first exam in Legal Research. U S Code contains statutes passed by The Congress. The FCC Rules, part of the Code of Federal Regulations, are regulations promulgated by the Commission. Go and learn. -- 73 de K2ASP - Phil Kane I don't understand why the animosity, to the point of profanity, towards Phil? He has a very thorough working knowledge of the legal system, particularly as it relates to FCC rules/regs and communications. Somehow, I don't believe it's Phil at all, although his delivery may rub some the wrong way. Phil is merely the messenger re. FCC rules/regs and is nice enough to take some of his recreational time to share some of his knowledge with us. Don't misunderstand me, I'm no big fan of the FCC and rank them right up there with the IRS as an entity that is not truly accountable to "we the people." (Despite Phil's explanation of how they are appointed by *this* who is appointed by *that* who ultimately derives their lawmaking powers from *the other.*) The "this, that and the other" way of making laws where a $21,000.00 sentence can be handed down while putting the onus on the accused to prove themselves innocent (From a 1934 Act, I might add.) before a administrative judge borders on the obscene. But until someone has the stones (...and the discretionary means.) to challenge that process...that's the way it is. (I guess I'm just a good old "checks and balances" kind of guy.) This likely means never. I for one thank Phil for sharing the results of his vast experience and his relationship with the FCC with us. If he didn't care, he would simply say nothing...and we would remain ignorant. -- Vy 73 de Bert WA2SI FISTS #9384 QRP ARCI #11782 |
"Phil Kane" wrote in message
ganews.com... On Tue, 28 Dec 2004 16:20:45 -0500, Bert Craig wrote: $21,000.00 sentence can be handed down while putting the onus on the accused to prove themselves innocent (From a 1934 Act, I might add.) before a administrative judge borders on the obscene. Follow the bouncing ball.... ....and we're off! The Notice of Liability (NAL) says "apparently liable to....for....." and gives the subject a chnance to say "hey, FCC, that isn't fair and antyhow I can't pay because...." The Notice of Forfeiture (NOF) is the next step and that says "you are liable.....for ......" and the issuing officer is required to consider and evaluate the subject's reply (or failure to respond) in finalizing the amount in conjunction with the Regional Counsel of the Enforcement Bureau. The penalty can be challenged in several ways. The subject can request Reconsideration on the Bureau level (several steps above the issuing officer) and further up, a Review by the full Commission. Sounds good, but is it expensive? Or the subject can just refuse to pay. Then, the next move is up to the Commission to force payment in either of two ways - a full evidentiary hearing before an Administrative Law Judge or a full trial de novo in Federal District Court. In either case, the burden of proceeding (going to trial) and the burden of proof (proving the violation that the subject is accused of) are upon the FCC. IOW, the subject is innocent until proved guilty by a preponderance of evidence before a neutral tribunal and the subject gets his/her "day in court". Either proceeding can be appealed to the Federal Appellate Courts where the subject will have to prove that the FCC didn't follow the procedural rules to the letter - rarely does the Court of Appeals reverse the FCC on substantive matters within the FCC's competence. Also good, but again, sounds expensive. Is there ever a point where the accused has the right to a court appointed attorney? BTW, this proceure is outlined in Sections 503 and 504 of the Comm Act, which were amended in major part in 1978 to increase the penalties to current levels and define the procedures outlined above. I really do love when the FCC nails the perp, HOWEVER, I'm just not an "ends justifies the means" kind of guy. Let the punishment fit the crime. I can think of very little an individual can do re. RF energy justifying a $21,000.00 penalty...that's just MHO, of course. But until someone has the stones (...and the discretionary means.) to challenge that process...that's the way it is. (I guess I'm just a good old "checks and balances" kind of guy.) This likely means never. Several have tried but none have succeeded, including broadcasters who have taken the procedure up to the Supreme Court of the United States. It really doesn't have to get that far, because in legal procedural cases, the decisions of the U S Court of Appeals for the District of Columbia are considered "the word of God" by the Federal regulatory agencies. I for one thank Phil for sharing the results of his vast experience and his relationship with the FCC with us. If he didn't care, he would simply say nothing...and we would remain ignorant. I love to teach the subject..... Despite being somewhat opinionated re. some of the Commission's practices, I really do appreciate you taking the time to teach it. Take care es... -- 73 de K2ASP - Phil Kane -- Vy 73 de Bert WA2SI FISTS #9384 QRP ARCI #11782 |
"Dave Heil" wrote in message ... Todd Daugherty wrote: "Phil Kane" wrote in message ganews.com... On Thu, 23 Dec 2004 18:45:19 -0600, Todd Daugherty wrote: (a) it's not an FCC rule and is open to court interpretation. What do you mean it's not an FCC rule?? I think you better look again try 47 USC 326 or Title 47 of the United States Code (Telegraphs, Telephones, and Radiotelegraphs), Chapter 5 ( WIRE OR RADIO COMMUNICATION), Subchapter 3 (SPECIAL PROVISIONS RELATING TO RADIO), Part 1 (General Provisions), Subsection 326 (Censorship) You didn't quote an FCC Rule (which are codified in Title 47 of the Code of Federal Regulations). You quoted a Federal statute (which is codified in the U.S. Code). THEY "AIN'T" THE SAME !! So that's means no one should have to abide by Section 301 sense it's not a FCC rule. right? and secondly where in any of my ****ing post did I state I'm a lawyer? NOWHERE! So my in my ****ing opinion don't put words in my mouth. Phil asked you the following: "Where do you practice Communications Law, Todd?" You replied: "As for your question I have been very active in the micro broadcasting movement and I'm very knowledgeable when it comes to radio law. I am current working with a member of the House Subcommittee on Telecommunication in regards to the FCC and the licensing processing including filing windows and waivers." You didn't really provide an answer to Phil's question. Now you've resorting to multiple occurrences of the "eff" word in defending the indefensible. You've done so in barely corherent sentences. Do you really want to argue communications law with an expert in the field? There is really a heuristic approach you could try, Todd. Go ahead an push the envelope on the free speech issue on the air and see if the ax falls on you. If it never does, your theory is right or the feds aren't paying any attention to you right now. Oh, I plan to, come January I will be running a program on the ham bands. I'll let you all know when and time. Todd N9OGL By the way, what does the micro broadcasting "movement" have to do with amateur radio? I'm set on sticking with the amateur radio "movement". Dave K8MN ----== Posted via Newsfeeds.Com - Unlimited-Uncensored-Secure Usenet News==---- http://www.newsfeeds.com The #1 Newsgroup Service in the World! 100,000 Newsgroups ---= East/West-Coast Server Farms - Total Privacy via Encryption =--- |
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