Re FCC " Order Affirming Sanction Against Warren C. Havens"
This is published on SCRIBD in part to counteract the FCC's misleading publications of this Order andrelated matters.Contrary to FCC website's summary, the FCC did not on balance "affirm" its sanction order, but
of it.Thereafter, the FCC Office of General Counsel came up with this, v
irtually conceding that the sactionorder was unlawful
, exactly as I argued (which was simple under applicable law): See FCC 12-113,which I attach last below, and before that, my comments to FCC OGC (which was not answered, as isususal):
See Warren C. Havens,
27 FCC Rcd 2756, 2759 ¶ 10 (2012) (Section 1.52 directlyauthorizes sanctions for filing frivolous pleadings against attorneys and at least byimplication justifies
sanctions against non-attorneys.)."Emphasis added. A federal agency cannot issue Orders, especially Sanction Orders, under a rule itthinks "
at least by implication" "justify
" the Order. That is assumption of power for arbitraray andcapricious purpose and action, contary to and one reason for creation of the federal AdministrativeProcedures Act. But got to give the FCC a prize for a hearty attempt at the age-old cardinal rule of power- use it againt anyone that challenges and does not play ball, regardlness of whether that use islawful or not. That is history of power, no surpise at all. The only antidote is active citizens, also shownin history.That is to say, the FCC withdraw the basis for its so-called sanction-- but it keeps the sanction order in place for an unlawful stigma and chill.
That chills anyone
attempting simply to act lawfully before the FCC against FCC malfeasance. Themessage is: do not cross the FCC beyond what it likes, regardless of the law, or you will get an unlawful"sanction" applied to attempt to damage your ability act in your business circles, and further before theFCC.This matter will be before the US courts in due course. There are still pending FCC proceedings to prior to the court action.The underlying issue is FCC malfeasance and some big interests and money. It is shown in theunderlying proceedings and related proceedings, not hard to grasp with basic research. My pleadings inthese matters, going back years, lay these out.Below is further discussion and some of the more recent pleadings.