01-11-2002, 04:32 PM
This topic had been previously addressed in another thread dealing with FCC enforcement, however, the topic is the same just seems to have a different name. So I'll post my comments here as well.
This will help those who didn't see the prior post understand WHY things are taking so long and what YOU can do to help make it better.
73 Chuck K3FT
The FCC enforcement.
Why does it seem like it is 'taking so long and nothing gets done'? Answer - Riley admitted, publicly, about 2 years ago at a PVRC meeting in Frederick, MD. that I attended, that there was an immense backlog of enforcement matters in the 'IN BOX' which had been ignored for many years. He said that his priority was to clean up the longest running, most egregious cases first and also attack the ones that come along as
well -resources and time permitting. He is working them, but it takes time. Sadly more than we'd like, but there is progress, none the less. If you read his latest public statements, you'll note that he has publicly stated that the 10M fiasco with freebanders and the like is now the next priority item on his list.
RESULTS - If you follow the FCC enforcement actions (and I do) over the past 2 years you will see that several of the long standing, long festering cases have been resolved. Many of the smaller cases have been resolved as well. How do I know? Simple. I used to work for the FCC at Laurel MON station and I saw the records and reports.. that's how. Plus being x-FCC I still keep in touch with friends 'on the inside' and they bring me up to date on cases as well during shoptalk bull sessions. They don't reveal ongoing case work or evidence being gathered, but they give me broad outline summaries of things that are active.
Why does it take so long? Because what you are doing is building a legal case which requires evidence, documentation, and time to produce, develop, and assemble in a manner that is suitable for prosecution in a court of law. Why? Because if the accused WANTS to push it that far, they have the absolute right to do so and the FCC obeys the Constitution. Therefore, they MUST build a legal case which can be (if
required) taken to a court of law and adjudicated in that venue.
There is LOTS that occurs 'behind the scenes' like evidence gathering, monitoring, documentation, on scene work, that you NEVER hear about and NEVEr makes the 'papers'. You never see it displayed in the public notices about enforcement. BUT! believe me.. it's there and it has to be right and supported or it will be tossed out.
Additionally, a lot of cases that are solid are simply put on hold due to the legal side of the FCC or the United States Attorney's office deems them not as high a apriority as they ought to be and they are put on the list of 'cases to do' and held in abeyance until something pushes them higher up the ladder. Riley HAS done a great job of helping educate the United States Attorney as to the value and worth of pursuing 'low value (i.e. monetary worth or low public profile value) cases involving Amateur Radio. It takes time.
You are asking Riley to solve problems in one year or so that have been festering for over 10 years. Aint' gonna happen, pal. It will get done, but you have to help. Sorry to say.. reality is that $$ drives the car. That's why YOU.. yes YOU and I.. have to help. Gather evidence. It's not hard. It's fairly easy to do, but it must follow a protocol to be legally acceptable and usable. Submit it and continue to follow through. Don't expect miracles, but do be persistent. Yes.. it's frustrating.. but it DOES work. The FCC does the enforcing, but you'd be surprised.. really surprised.. I think, to find out just how valuabel the tips and information provided by non-FCC folks is when presented in a format that is usable and legally supportable. I used to get tips and help all the time when I did enforcement at Laurel. Believe me.. it works! You don't hear much from the investigative side, that's normal. But you must know it's working.
I can, and will, be happy to share ways you can HELP the FCC and supply info that they will find useful. I've been there and done that. As I told a number of people when I was at the FCC who asked 'What can I do to help?' ..'Be part of the solution .. not part of the problem. Control your emotions, gather your info, keep it factual and truthful, and document what you find, do, and learn. Be patient and accept the fact that sometimes what WE feel is important is not viewed as so important to others, but be patient, persistent,and never give up!
73
Chuck K3FT
Contact: k3ft@amsat.org
This will help those who didn't see the prior post understand WHY things are taking so long and what YOU can do to help make it better.
73 Chuck K3FT
The FCC enforcement.
Why does it seem like it is 'taking so long and nothing gets done'? Answer - Riley admitted, publicly, about 2 years ago at a PVRC meeting in Frederick, MD. that I attended, that there was an immense backlog of enforcement matters in the 'IN BOX' which had been ignored for many years. He said that his priority was to clean up the longest running, most egregious cases first and also attack the ones that come along as
well -resources and time permitting. He is working them, but it takes time. Sadly more than we'd like, but there is progress, none the less. If you read his latest public statements, you'll note that he has publicly stated that the 10M fiasco with freebanders and the like is now the next priority item on his list.
RESULTS - If you follow the FCC enforcement actions (and I do) over the past 2 years you will see that several of the long standing, long festering cases have been resolved. Many of the smaller cases have been resolved as well. How do I know? Simple. I used to work for the FCC at Laurel MON station and I saw the records and reports.. that's how. Plus being x-FCC I still keep in touch with friends 'on the inside' and they bring me up to date on cases as well during shoptalk bull sessions. They don't reveal ongoing case work or evidence being gathered, but they give me broad outline summaries of things that are active.
Why does it take so long? Because what you are doing is building a legal case which requires evidence, documentation, and time to produce, develop, and assemble in a manner that is suitable for prosecution in a court of law. Why? Because if the accused WANTS to push it that far, they have the absolute right to do so and the FCC obeys the Constitution. Therefore, they MUST build a legal case which can be (if
required) taken to a court of law and adjudicated in that venue.
There is LOTS that occurs 'behind the scenes' like evidence gathering, monitoring, documentation, on scene work, that you NEVER hear about and NEVEr makes the 'papers'. You never see it displayed in the public notices about enforcement. BUT! believe me.. it's there and it has to be right and supported or it will be tossed out.
Additionally, a lot of cases that are solid are simply put on hold due to the legal side of the FCC or the United States Attorney's office deems them not as high a apriority as they ought to be and they are put on the list of 'cases to do' and held in abeyance until something pushes them higher up the ladder. Riley HAS done a great job of helping educate the United States Attorney as to the value and worth of pursuing 'low value (i.e. monetary worth or low public profile value) cases involving Amateur Radio. It takes time.
You are asking Riley to solve problems in one year or so that have been festering for over 10 years. Aint' gonna happen, pal. It will get done, but you have to help. Sorry to say.. reality is that $$ drives the car. That's why YOU.. yes YOU and I.. have to help. Gather evidence. It's not hard. It's fairly easy to do, but it must follow a protocol to be legally acceptable and usable. Submit it and continue to follow through. Don't expect miracles, but do be persistent. Yes.. it's frustrating.. but it DOES work. The FCC does the enforcing, but you'd be surprised.. really surprised.. I think, to find out just how valuabel the tips and information provided by non-FCC folks is when presented in a format that is usable and legally supportable. I used to get tips and help all the time when I did enforcement at Laurel. Believe me.. it works! You don't hear much from the investigative side, that's normal. But you must know it's working.
I can, and will, be happy to share ways you can HELP the FCC and supply info that they will find useful. I've been there and done that. As I told a number of people when I was at the FCC who asked 'What can I do to help?' ..'Be part of the solution .. not part of the problem. Control your emotions, gather your info, keep it factual and truthful, and document what you find, do, and learn. Be patient and accept the fact that sometimes what WE feel is important is not viewed as so important to others, but be patient, persistent,and never give up!
73
Chuck K3FT
Contact: k3ft@amsat.org