by W6WBJ » 12 Apr 2006, 17:10
"Wingnut is back on the air and will probably end up in jail."
Excuse me, but I do not understand your statement. He received a mere Warning Notice, which is not self-effectuating. As in all matters wherein the government proposes to punish a citizen or take away a citizen's rights, Mr. Wingate is entitled to have a hearing before an FCC Administrative Law Judge before his license can be suspended or revoked. This is part of the U.S. Constitution's due process clause, and it is also contained in the Communications Act of 1934.
Assuming that he chose to fight his Warning Notice, and even if he lost his hearing before the ALJ, Mr. Wingate would then be entitled to appeal to the FCC Review Board, to the full Commission, to the U.S. Circuit Court of Appeals and to the U.S. Supreme Court before he would be legally required to cease his amateur operations.
Besides, it appears to me that Mr. Wingate has substantially reformed his operations. In recent weeks he has been a model of ham radio probity. Isn't this the purpose of enforcement proceedings? Based on his recent operations, I would say that the Commission's purpose in issuing its Warning Notice to Mr. Wingate has already been achieved, and taking his case to a hearing before an ALJ would serve no purpose.
When you make unfounded and prejudicial statements like the one above, you confuse and inflame public opinion, thereby rendering it difficult for other hams to correctly understand Mr. Wingate's case and for him to have a fair hearing in the matter. Would you please stop spreading such misinformation. Thank you.