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Of course they could just hold the hearing and reject the renewal on
"enforcement" grounds. No need to invoke the "Red Light Rule" if it has been really struck down by this decision. I would wager that once the FO is final (which is in a few days unless appealed) that would be justification enough to reject the application and make it stick. That would land them in court for sure, but they are headed there anyway so why not? Baxter could save some money and argue the whole shootin match at once, in one trip to DC. All they would have to do is prove one of the "enforcement" issues in the FO and the license is history. Seems likely to me that they will get at least one of the issues to stick if they have two witnesses like they claim in the NAL and FO. I'm still trying to confirm the order that N9OGL posted here independently, but if it's valid, it sure seems to put the "red light rule" on ice at just the right time to make this interesting. (Got to get a PACER account set up so I can look at the DC Circuit's issued orders and such). KC4UAI |