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In 2000 I received a Warning Notice from Riley Hollingsworth that I
believed to be legally deficient under Part 97 as not stating an actual Rules violation, so I responded to it and told Mr. Hollingsworth I was going to ignore his Warning Notice, and that he should designate my case for a hearing before an ALJ if he wished to pursue it. He never did. Then in January of this year I applied for a vanity callsign, but my application was "red-flagged" and "offllined for Enforcement Bureau review". This got me wondering how long the Commission can sit on an application while neither granting it nor designating it for a hearing. So I spoke to several Commission staff members, former staff members who now work in private industry and communications lawyers in Washington, D.C. They have many contacts within the Commission and are quite familiar with Hollingsworth's tactics and strategies. They said unanimously that Hollingsworth is NEVER going to designate an amateur case for a hearing before an ALJ. They didn't want to go into the precise reasons why not, so I won't speculate as to what the reasons might be. But they all seemed quite adamant about it. They all seemed to be saying, "I can't tell you how I know this, but trust me, it is true." If this is true, which I believe it is from all the evidence available to me, it means that Hollingsworth has reduced himself to the role of pure bluffer, and everybody is becoming aware of it. Therefore, all you have to do to defeat a Warning Notice, an N.A.L. or a notice of revocation is to reply to it, denying the allegations and asking for a hearing, and you will hear nothing further from Riley. And if he tries to deny renewal of your license, all you need to do is reply to the Notice of Non-Renewal, asking for a hearing, and you will be permitted to continue operating until an ALJ finally decides your case. Which will be forever, because Riley is not going to designate the case for a hearing in the first place. It seems to me that Riley needs to be more honest and candid with his fellow hams. If he doesn't intend to ever take any cases to hearing, he should simply admit it, and admit that his power is reduced, essentially, to "jawboning". At least that way he would retain a modicum of credibility. As things are now, he is losing all his credibility and pretty soon nobody is going to take him seriously at all. |
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