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Old October 16th 05, 11:50 PM
Morris
 
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Default K1MAN vs. FCC: The Real Deal

Great Dan, good friend.

Let's take a look at the WB2OTK case. When it happened, the way the
factual situation was presented to me, I thought it was a winnable
cause: 1) Frustrated in the dark of night, Whiten writes a resignation
email, but doesn't send it, presumably mulling it, 2) He goes to bed,
3) Then his Wife, while using the computer, lets the email fly.

On its face, the issue could be said to be harmless error. Errata is
what lawyers call it, and they claim it in cases all the time.
Especially in this case, where the rules require resignation with more
formality, that email, if challenged, was insufficient to serve as a
real resignation.

However, Dan, remember the FCC has broad discretion that the courts
will not disturb. So as a regulator, Riley had the power to do what he
wanted, and Rich had the right to challenge it through due process. He
elected not to, and there the matter has stood.

I believe the chain of events occurred because Whiten was not well
regarded by the FCC. In fact, I believe the agency thought he was a
genuine threat. As in police matters, whenever there is one suspicion
that is not proven, subjects can lose out for other express reasons
that are more provable.

Bob Sherin, W4ASX

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Old October 17th 05, 10:34 PM
an Old friend
 
Posts: n/a
Default K1MAN vs. FCC: The Real Deal


Morris wrote:
Great Dan, good friend.

Let's take a look at the WB2OTK case. When it happened, the way the
factual situation was presented to me, I thought it was a winnable
cause: 1) Frustrated in the dark of night, Whiten writes a resignation
email, but doesn't send it, presumably mulling it, 2) He goes to bed,
3) Then his Wife, while using the computer, lets the email fly.

On its face, the issue could be said to be harmless error. Errata is
what lawyers call it, and they claim it in cases all the time.
Especially in this case, where the rules require resignation with more
formality, that email, if challenged, was insufficient to serve as a
real resignation.

However, Dan, remember the FCC has broad discretion that the courts
will not disturb. So as a regulator, Riley had the power to do what he
wanted, and Rich had the right to challenge it through due process. He
elected not to, and there the matter has stood.

I believe the chain of events occurred because Whiten was not well
regarded by the FCC. In fact, I believe the agency thought he was a
genuine threat. As in police matters, whenever there is one suspicion
that is not proven, subjects can lose out for other express reasons
that are more provable.


not sure I see your point. let me try to ask a question almost
unreleted. you going on about something like Capone being charged was a
tax matter because it provable rather than murder, something like sems
to what is coming out of your post to me. Am I on the right track

Bob Sherin, W4ASX


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Old October 17th 05, 10:56 PM
Morris
 
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Default K1MAN vs. FCC: The Real Deal

Precisely, an Old friend.

Bob Sherin, W4ASX

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Old October 18th 05, 01:41 AM
Dan/W4NTI
 
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Default K1MAN vs. FCC: The Real Deal


"Morris" wrote in message
oups.com...
Precisely, an Old friend.

Bob Sherin, W4ASX


Why do you give this goof any credence at all? He hasn't got the change for
a nickel in common sense.

He knows NOTHING about the OTK situation. And I flat out REFUSE to allow
him to disrupt OUR attempt at a reasonable conversation about an important
issue in Amateur Radio.

This is what this dip**** does Bob. He loves it. I am sick of it.

Dan/W4NTI


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Old October 19th 05, 03:17 PM
Morris
 
Posts: n/a
Default K1MAN vs. FCC: The Real Deal

Good friend Dan,

Because I believe there is good in everyone. Regardless of how people
choose to conduct themselves, with the issues when there is a bonafide
question, then I'll always respond with my answer. This is just the
way I live my life, Dan.



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Old October 19th 05, 05:27 PM
an_old_friend
 
Posts: n/a
Default K1MAN vs. FCC: The Real Deal


Dan/W4NTI wrote:
"Morris" wrote in message
oups.com...
Precisely, an Old friend.

Bob Sherin, W4ASX


Why do you give this goof any credence at all? He hasn't got the change for
a nickel in common sense.

He knows NOTHING about the OTK situation.


wrong again

And I flat out REFUSE to allow
him to disrupt OUR attempt at a reasonable conversation about an important
issue in Amateur Radio.


then have one

none is disrupting that but you and your use of invective

if you want to have a private chat try email or IM

or if you truely can't stand anyone that disgrees with you then you
need for you own piece of mind to find a safe moderated forum

This is what this dip**** does Bob.


more lies Dan

He loves it.


another lie

I am sick of it.


then simply learn to deal with it or take an asprins or some meds or
leave. those opition should work and there are others not listed


Dan/W4NTI


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Old October 18th 05, 01:41 AM
an_old_friend
 
Posts: n/a
Default K1MAN vs. FCC: The Real Deal


Morris wrote:
Precisely, an Old friend.


(in re capone vs IRS)

thank you for making that clear

It does alas confirm the distrubing conviction I have held for years:
that the Govt is lazy

I can understand with Capone nobody could pin anything on him and he
was a BAD man, but for this to become SOP or at least an SOP for mere
matter of Ham Radio and other lessor matter (Sorry folk but no way I
think any **** up by a ham compares to Capone)is distrubing to me, and
that the Govt in this case the FCC is just refusing to do their JOB

Bob Sherin, W4ASX


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Old October 18th 05, 01:38 AM
Dan/W4NTI
 
Posts: n/a
Default K1MAN vs. FCC: The Real Deal


"an Old friend" wrote in message
oups.com...

Morris wrote:
Great Dan, good friend.

Let's take a look at the WB2OTK case. When it happened, the way the
factual situation was presented to me, I thought it was a winnable
cause: 1) Frustrated in the dark of night, Whiten writes a resignation
email, but doesn't send it, presumably mulling it, 2) He goes to bed,
3) Then his Wife, while using the computer, lets the email fly.

On its face, the issue could be said to be harmless error. Errata is
what lawyers call it, and they claim it in cases all the time.
Especially in this case, where the rules require resignation with more
formality, that email, if challenged, was insufficient to serve as a
real resignation.

However, Dan, remember the FCC has broad discretion that the courts
will not disturb. So as a regulator, Riley had the power to do what he
wanted, and Rich had the right to challenge it through due process. He
elected not to, and there the matter has stood.

I believe the chain of events occurred because Whiten was not well
regarded by the FCC. In fact, I believe the agency thought he was a
genuine threat. As in police matters, whenever there is one suspicion
that is not proven, subjects can lose out for other express reasons
that are more provable.


not sure I see your point. let me try to ask a question almost
unreleted. you going on about something like Capone being charged was a
tax matter because it provable rather than murder, something like sems
to what is coming out of your post to me. Am I on the right track

Bob Sherin, W4ASX



You just can't keep your stupid idiotic comments out of anything can you?
You don't have a dog in this fight. Why can't you just shut the hell up for
once AOF?

Dan/W4NTI


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Old October 19th 05, 05:24 PM
an_old_friend
 
Posts: n/a
Default K1MAN vs. FCC: The Real Deal


Dan/W4NTI wrote:
"an Old friend" wrote in message
oups.com...

Morris wrote:

cut
Bob Sherin, W4ASX



You just can't keep your stupid idiotic comments out of anything can you?


I certainly could if I choose but I can choose to make whatever coments
I want, wether you consider them stupid or not

You don't have a dog in this fight.


another flat out lie Dan. everyone has a Dog in this fight, even non
hams like Len or for that matter Joe Blow on the street


Why can't you just shut the hell up for
once AOF?


more of your stupidity.

I can shut up but I have the right not too

Dan/W4NTI


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Old October 18th 05, 01:37 AM
Dan/W4NTI
 
Posts: n/a
Default K1MAN vs. FCC: The Real Deal


"Morris" wrote in message
oups.com...
Great Dan, good friend.

Let's take a look at the WB2OTK case. When it happened, the way the
factual situation was presented to me, I thought it was a winnable
cause: 1) Frustrated in the dark of night, Whiten writes a resignation
email, but doesn't send it, presumably mulling it, 2) He goes to bed,
3) Then his Wife, while using the computer, lets the email fly.

On its face, the issue could be said to be harmless error. Errata is
what lawyers call it, and they claim it in cases all the time.
Especially in this case, where the rules require resignation with more
formality, that email, if challenged, was insufficient to serve as a
real resignation.

However, Dan, remember the FCC has broad discretion that the courts
will not disturb. So as a regulator, Riley had the power to do what he
wanted, and Rich had the right to challenge it through due process. He
elected not to, and there the matter has stood.

I believe the chain of events occurred because Whiten was not well
regarded by the FCC. In fact, I believe the agency thought he was a
genuine threat. As in police matters, whenever there is one suspicion
that is not proven, subjects can lose out for other express reasons
that are more provable.

Bob Sherin, W4ASX


BUT that still does not make it "right". Personally I think there was a
lot more going on than FCC or OTK would fess up to. Rich has refused to do
a thing about it. Proof enough for me.

Dan/W4NTI




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