Posted by: Steve W3HF on July 30, 2003 at 09:53:54:
There's an interesting note in today's ARRL Web News, that relates to the discussions on due process raised by Peter N4LI last week.
It seems that the W5YI group three years ago made an error in an electronic submittal for a license upgrade. There was a typo in the electronic "paperwork" and KB0WOT was upgraded to Advanced instead of KB0VOT. This was partially fixed a few months later, when VOT got his upgrade, but WOT was never downgraded back to Tech.
The FCC is now finally rectifying the situation. But the article notes that although the Commission has already concluded that the upgrade was improper, "The FCC will not issue the modification order ... until Osterkamp is notified of the proposed action and 'has had an opportunity to file a protest.'"
Admittedly this was not a case of fraud--in fact, WOT was the one that notified W5YI and the FCC of the error. But it does show that even when there is an obvious and incontrovertible error, the FCC is granting an opportunity for rebuttal, as part of what Peter would call "Procedural Due Process."
Steve