Letter To Hillsborough County, Florida, Sheriff Cal Henderson Protests FCC Action Against Lutz Community Radio
Sheriff Henderson Refused To Respond
Arthur L. Kobres
January 22, 1998
Via U.S. Certified Mail: P-389-014-856
Cal Henderson, Sheriff
Dear Sheriff Henderson,
With all of the intimidation power of the "MJTF" combined, it doesn't change the fact that you had no basis of authority to sanction the unprovoked trespass upon our private property, which took place at the direction of the Federal Communications Commission on November 19, 1997, This will make known that the violation of your Oath of Office, which was inherent in the attack, could also have been avoided, if Congressman Michael Bilirakis had lived up to his April 4, 1997, promise to initiate a congressional inquiry into the F.C.C.'s March 7, 1996, attack on Lutz Community Radio. Despite the fact that Mr. Bilirakis had ample time to do so, he failed to look into the matter, and we were subjected to a second highly dangerous armed assault on November 19, 1997. It is also duly noted that neither attack was preceded by the required due process notice and hearing, a clear violation of state and federal law.
In your eagerness to please the central government, you have betrayed the Public Trust. U.S. Constitution, Article I, Sec. 8, Cl. 17, informs you that Congress only has jurisdiction over "...Forts, Magazines, Arsenals, dock-Yards", and the like. The central government does not have in rem jurisdiction over private property located in one of the several states. Further, the central government has no in personam jurisdiction over the undersigned, a private Citizen of Florida state.
Included herein is a copy of a letter from an official of the F.C.C., Mr. Stanford Felds. In a response to an inquiry made by a Mr. Eric Johnson, Felds truthfully admits that the jurisdiction of the F.C.C. is limited to inter-state and foreign commerce. Lutz Community Radio has never been engaged in any form of commerce, inter-state or otherwise. Lutz Community Radio has always been operated as a non-profit public service, exclusively.
You were elected to the office of Sheriff of Hillsborough County. Your duty is to protect the Citizens of Hillsborough County. The undersigned is a long-time inhabitant of Hillsborough County, who has never been involved in any form of unlawful activity. Nevertheless, you have sanctioned dangerous armed assaults which included a helicopter and a battering ram, to be carried out against the undersigned.
On November 18, 1996, an indictment was filed against the undersigned for 14 violations of 47 U.S.C., §301 and §501. Each count represents a different date on the calendar, not a separate and distinct offense, as required by law. '"Count' and 'charge' when used relative to allegations in an indictment or information are synonymous". State v. Puckett, 39N.M. 511, 50 P.2d 964, 965, Black's Law Dictionary, Sixth Edition, Pg. 348. With respect to a criminal law, "charge" means "...the specific crime the defendant is accused of committing.". Black's Law Dictionary, Sixth Edition, Pg. 233. Specifically, I have been charged with radio communication, by means of one radio station, located in one physical position, transmitting on one frequency, without a license.
The stated purpose of §501 is to provide for a penalty, to be imposed on a person for violating any provision of 47 U.S.C., Chapter 5, Wire or Radio Transmission. I have never been found guilty of violating any provision of 47 U.S.C.. It is not possible for me to violate a penal provision for a crime which I have never been found guilty of committing. Therefore, the inclusion of §501 in the indictment is without merit and is totally frivolous. Only §301 remains to be considered seriously.
The stated purpose of §301 is to deny a person the right to use any radio transmission channel for the purpose of communicating within the United States or to a point outside the United States, unless such person possesses a "license" granted pursuant to 47 U.S.C., Chapter 5. Before a person can be held accountable for violating §301, that section must be established as law in conformance with certain criteria, prior to the alleged event.
Unfortunately, the stated purpose of §301 denies an activity which is a fundamental, Constitutionally protected Right of a private Citizen. A law well understood to circumvent a Constitutional protection would not pass as law at all. Therefore, it is necessary to make an end-run around the constitution by inducing a private Citizen to voluntarily comply with §301, while presenting the illusion that the section is lawfully implemented and must be followed. It is essential to recognize that if no lawfully implemented license application form has been made available by the F.C.C., a Citizen cannot be held accountable for failure to complete a form and apply for a license. No penalty may be seriously contemplated, let alone imposed by force, for what is, in reality, a well-founded refusal to participate as an accessory to a fraudulent license application scheme. The below paragraph describes why it is impossible to obtain a broadcast station application form that has been created in conformance with the law.
The stated purpose of 47 U.S.C., §308, is to outline requirements to be taken into consideration by the F.C.C., when formulating a specific design for a radio station license application form. 47 U.S.C., §308, in and of itself, does not purport to place any burden upon a prospective license applicant. Such burden would arise only from a corresponding "rule", which must be entered in the parallel table of authorities and published in the Federal Register. 47 Code of Federal Regulations, §73.3514, qualifies as such a "rule" within the context of 5 U.S.C., Government Organization and Employees. The F.C.C. is under mandate to conform to 5 U.S.C.. The stated purpose of 47 C.F.R., §73.3514, is to declare the content of the license application form. Such content information is discussed in §73.3514(a)(b). It is 5 U.S.C., §552, et seq., Public information, agency rules, opinions, orders, records, and proceedings, which mandates the F.C.C. to publish license application forms "for the guidance of the public" in the Federal Register. Unfortunately, the F.C.C. has failed to conform to its mandate. The failure of the F.C.C. to publish the license application form in the Federal Register constitutes a very serious violation of the Administrative Procedures Act, which is codified in 5 U.S.C..
The Federal Communications Commission's dangerous assault upon the private person and property of the Kobres family, which you, as Chief Executive Officer for Hillsborough County, Florida, permitted to occur on Mar. 7, 1996, and again on Nov. 19, 1997, was predicated upon an alleged violation of 47 U.S.C., §301. In order for those F.C.C. attacks to be defensible, there must be a valid legal requirement that I apply for a license from the Commission, but since the application form was not published in the Federal Register and is, therefore, an unenforceable rule, the attack was not within the law.
I hold you personally responsible for the pain and suffering, loss of life, liberty, and property, that was inflicted upon me and my family without due process of law, as a result of your failure to recognize the foregoing. There is no sovereign immunity for government officials who operate outside the confines of the law. In fact, the various individuals responsible for activities herein described were operating in their personal capacity. There must be compensation made for their unlawful activity.
I have occasionally attempted to contact you, usually to provide some form of useful information. You have never had the courtesy to respond in any manner. The few letters that I have submitted to you over the years would not be viewed as eccentric or irrational by a reasonable man. Do you not think that your failure to respond to such insightful, reasonably well written letters may be a liability for you? For instance, there is an individual who intends to run for a major political office within Hillsborough County, and he has contacted me, with respect to establishing community-based, low-power, radio stations in our county. Unlike you, this individual does not believe that being a Constitutionally loyal American is a bad thing. There may be many others, such as this gentleman, who will soon step forward as genuine protectors of the people.
In defense of God, Family, and Country, I remain sincerely,