"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