It would seem that the FCC has finally taken some action in regards to w6wbj. You can find the information here: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-361A1.doc
Wow! Terrible Trouble for w6wbj! He has 20 days to file a reply! I’m no ‘legal eagle’, but on first reading, to me it looks like this is the first step for the dismissal of the case against w6wbj by an Administrative Law Judge.
I would hope that w6wbj would SHARE his ‘filing’ with us! (We always get to see the FCC letters & actions, never the replies.)
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11 comments:
Couldn't happen to a nicer guy!
D I T T O
TO
THAT
I intend to prosecute the case vigorously.
It may not be finally decided until it reaches the court system.
Bill Crowell, W6WBJ
Don't worry Billy, You're a smart cookie and you'll show those assholes in DC whose got the winning hand. Be sure to bring along a copy of your famous Billy the Bill Collector Manifesto, that's such an amazing piece of intellectual diatribe, I'm sure they will be on their hands and knees begging for your forgiveness once you whip that turkey out on them.
I can't wait for the next 20 page masterpiece. More power to you Billy.
Evvy, it's not really correct to say that I have to file a "Response" within 20 days because that makes it sound like a much bigger deal than it really is. All I have to file within 20 days is a "Notice of Appearance", confirming that I will appear at the hearing and present evidence, which is about a 2-page document that I can whip out in about 5 minutes.
I am sure that I will have a lot more time than that to properly and fully brief the case. But even briefing it won't be that hard because I've researched all of the issues before.
In short, I welcome the challenge that this case presents, and look forward to vindicating the free-speech rights of all radio amateurs.
Bill Crowell, W6WBJ
Anonymous, since you have obviously prejudged my case, I guess you don't think I deserve my day in court. But due process is one of the most important rights guaranteed by our Constitution! So if you don't think I have the right to a hearing, does that mean that you don't support our Constitution? And if you don't support our Constitution, don't you think that maybe you should go live in some other country that doesn't have any individual rights?
Billy, I only wish I could be a fly on the wall when you present your case, I can just see the eyes roll as you begin to spin your weirdness to the judge. Be sure to wear some trendy spandex bike riding wear and slick your hair back so it points out the back of your head. The judge will be less likely to fall asleep out of fear you will go completely off your rocker and start swinging from the ceiling fans.....oh gawd, how I wish....
Well, Anonymous, if you really want to see an experienced trial lawyer in action, why don't you buy a plane ticket to Washington, D.C. and attend the hearing? It's open to the public, after all.
Billy, if you will pay for my hotel and plane fare I'll sit in the court room and yell " Go Billy Go! " and " This court is out of order!" I'll wear a clown suit with my rainbow colored hair ball so I'll be very visible when they drag me out screaming and kicking all the way. Sound good there Mr Lawyer? Waddya say?
Unlike what some may think, the case will not be resolved for quite some time. Whichever party is dissatisfied with the ALJ's decision can appeal to the FCC Review Board; the party dissatisfied with the Review Board's decision can appeal to the full Commission; and the party dissatisfied with the full Commission's decision can appeal to the 9th Circuit Court of Appeals in San Francisco (note that, at this point, the venue of the case changes from Washington, D.C. to W6WBJ's backyard, and FCC personnel have to come to California to prosecute the case).
It would seem that process would take at least several years, and the courts have recently been notably in conflict with the FCC over free-speech issues. W6WBJ is entitled to stay on the air with his full operating privileges until the final court ruling.
Even assuming for the sake of argument that W6WBJ lost before both the Commission and the courts, he could turn around and apply for a new license the next day, and the Commission would have to go through the entire procedure again.
Do your research people!
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