Discussion in 'Ham Radio Discussions' started by KK7HO, Jun 3, 2018.
SEE LETTER BELOW ....
Ok, so in English, that means what?
It's confusing to be sure (especially for us non-legal-wise folk).
Any way you look at it, it's important to Google magic.
SOL, I think.
From what I gather, the FCC levied a huge fine against him but can't collect because the DOJ won't go after him.
Apparently, the FCC legal Counsel has sent a [private] e-mail to a DOJ attorney. The case involves going before another U.S. District Court Judge to enforce the Liability forfeiture issue imposed by the FCC.
What is going on is that that the Dept. of Justice has declined to go to court to prove the $25k dollar Forfeiture Order is valid. You see legally the Commission has zero power to impose a fine - so they issue Forfeiture Orders - which if challenged, must be proven and substantiate... and must go to the Dept. of Justice for case review, a trial, a win, and then the debt is owed. For some reason congress did not want to give the commission the power to be judge and jury. So if challenged, all monetary penalties will go to trial IF the DOJ finds merit to defend it. It is entirely up to the DOJ whether to persue the case, or drop it. In this case they apparently found it not worthy of trial.
However, because this case is out of the way now - the ALJ's previous stay is removed and the 17 Year OLD CASE regarding his license renewal/character can proceed to an ALJ hearing.
Trying a case that old in my opinion is not enforcement. This is something that should have been and could have been done back in 2009 or so. At a minimum the Commission could have issued clarification regarding the issues and been done with this a long time ago.
In fact, previous ALJ in this license renewal/character case said that the commission's case is weak.
NOW however there is a new - old ALJ so anything could happen.
It will be interesting. But at 17 years old, it's not real enforcement of anything.
"Justice delayed is justice denied."
Actually not. The other Judge will rule on the FCC's refusal to re-issue his license.
If Billy gets it back I wonder how the felon clause will hold up under pushback...