01/27/2014
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The Mother Hubbards have received numerous requests to bring a recent comment to the forefront. After some review, our staff feels that since the comment involves license renewal rules pertinent to FCC Part 97, we honored the requests.
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The Mother Hubbards have received numerous requests to bring a recent comment to the forefront. After some review, our staff feels that since the comment involves license renewal rules pertinent to FCC Part 97, we honored the requests.
May
I please use this forum to refute the statements presently being made
about me and my license renewal on 7255 by W6AD? He is so wrong that I
need to set you all straight, legally.
First, the FCC can't refuse to renew your license on a whim, or just because they don't happen to like you, as Andy claims. They have to have grounds, such as conviction of a felony within the last 7 years, or a violation of Part 97.
Andy is very confused regarding the burden of proof. Suffice it to say that all I would have to do at such a hearing, if it ever occurs, is to take the stand and testify that I have been a ham for 50 years, ever since I was 13; I'm a really good operator; I've never violated part 97 and never been charged with or convicted of any crime, whether felony or misdemeanor; and that by refusing to renew my license the Enforcement Bureau is just trying to unconstitutionally squelch my criticisms of the agency. I can then rest my case-in-chief. Then the burden of proof shifts to the Bureau, to prove that I violated Part 97 or have bad character. (The factual and legal prerequisites for a "Character" issue are totally absent.) So yes, Andy, the FCC IS required to prove that I jammed.
And no, the hearing is not going to occur in Washington, D.C. It will take place as a field hearing in Sacramento, CA. Check the FCC's Rules of Practice and Procedure. They contain no rule requiring venue in a renewal case to be in Washington, D.C. Since the venue is therefore entirely discretionary with the ALJ, it would be an abuse of discretion to require me to appear in Washington, D.C.
Andy knows that I deny jamming. I do play recordings, but not of music. The latter would violate Part 97. Playing recordings is perfectly proper in the amateur service, so long as they are part of a two-way communication or in the nature of a CQ call, because the practice is not prohibited by Part 97.
For Andy to claim the federal government is "inept" because they haven't taken my case to a hearing is like him saying he's against due process. A hearing is the most fundamental part of Constitutional due process. There are many reasons why the Enforcement Bureau hasn't taken my case to a hearing, 6 years after the Hearing Designation Order issued, but probably the primary reason is that the ALJ has informed the Bureau at least twice in conferences that they have a very weak case.
In closing, W6AD had better not quit his day job and try to become a lawyer. Oh, I forgot, he doesn't have a day job so he can talk all day long on the radio.
Best 73 to all. I'll be back on 7255 with a repaired amp and antenna soon. W6WBJ
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First, the FCC can't refuse to renew your license on a whim, or just because they don't happen to like you, as Andy claims. They have to have grounds, such as conviction of a felony within the last 7 years, or a violation of Part 97.
Andy is very confused regarding the burden of proof. Suffice it to say that all I would have to do at such a hearing, if it ever occurs, is to take the stand and testify that I have been a ham for 50 years, ever since I was 13; I'm a really good operator; I've never violated part 97 and never been charged with or convicted of any crime, whether felony or misdemeanor; and that by refusing to renew my license the Enforcement Bureau is just trying to unconstitutionally squelch my criticisms of the agency. I can then rest my case-in-chief. Then the burden of proof shifts to the Bureau, to prove that I violated Part 97 or have bad character. (The factual and legal prerequisites for a "Character" issue are totally absent.) So yes, Andy, the FCC IS required to prove that I jammed.
And no, the hearing is not going to occur in Washington, D.C. It will take place as a field hearing in Sacramento, CA. Check the FCC's Rules of Practice and Procedure. They contain no rule requiring venue in a renewal case to be in Washington, D.C. Since the venue is therefore entirely discretionary with the ALJ, it would be an abuse of discretion to require me to appear in Washington, D.C.
Andy knows that I deny jamming. I do play recordings, but not of music. The latter would violate Part 97. Playing recordings is perfectly proper in the amateur service, so long as they are part of a two-way communication or in the nature of a CQ call, because the practice is not prohibited by Part 97.
For Andy to claim the federal government is "inept" because they haven't taken my case to a hearing is like him saying he's against due process. A hearing is the most fundamental part of Constitutional due process. There are many reasons why the Enforcement Bureau hasn't taken my case to a hearing, 6 years after the Hearing Designation Order issued, but probably the primary reason is that the ALJ has informed the Bureau at least twice in conferences that they have a very weak case.
In closing, W6AD had better not quit his day job and try to become a lawyer. Oh, I forgot, he doesn't have a day job so he can talk all day long on the radio.
Best 73 to all. I'll be back on 7255 with a repaired amp and antenna soon. W6WBJ
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Document of Interest
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Place of Interest
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Wally is back and still dominating!
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3846 KHz 3:30 AM Synopsis
K6YBV - Casually dropped by to tell KB6WBO that his stories about his recording studio days were flawed with bullshit. It was priceless how Bob slowly stuck the knife in and twisted. Poor Ron.
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Addendum - What character? These dopes doped up talkin' dope all day and write this? Drug addiction is a horrible thing.
Document of Interest
