Speed Trap Hunter Forum: Best Radar Detectors, Laser Jammers, Laser Detectors, Speed Cameras Forum  

Go Back   Speed Trap Hunter Forum: Best Radar Detectors, Laser Jammers, Laser Detectors, Speed Cameras Forum > National Motorists Association (NMA) Discussion Group & Forum > NMA Articles
Radar Detectors Forum Logon:


NMA Articles National Motorists Association (NMA) Articles

Reply
 
LinkBack Thread Tools Search this Thread Display Modes
  #1 (permalink)  
Old 2009-01-01
NMA Reporter NMA Reporter is offline
Senior Member
 
Join Date: 2008 Feb
Posts: 125
NMA Reporter is on a distinguished road
Exclamation FCC Conspires To Protect Ticket Camera Corporation

NMA Article: FCC Conspires To Protect Ticket Camera Corporation

FccHearingPanel
By James Baxter, NMA President


The Federal Communications Commission, in the dying days of the Republican administration, has added yet another reason to clear the decks in Washington, D.C. and start all over with a new cast of characters.


In a duplicitous, yet obvious, regulatory maneuver the FCC Enforcement Division has concocted a “Consent Decree” to protect the financial interests of the Redflex Corporation, a major supplier of ticket camera systems, and the governments that have exploited these systems to extort millions of dollars from the driving public. What follows is taken directly from the FCC Consent Decree, along with a little background and explanation.


Redflex has been using radar devices that have never been certified/approved by the Federal Communications Commission, as is required by federal law. A competitor of Redflex blew the whistle on this “oversight” (not exactly a collegial industry) and the FCC was, apparently reluctantly, forced to give the impression of enforcing its own regulations. The result of this enforcement action is a Consent Decree that FCC operatives and Redflex executives concocted, and surely assumed no one would ever read. However, it should be read by a large audience, just to understand how far astray an ethically challenged government agency can go.


There was no question that Redflex was using radar speed measuring devices that had not been certified by the FCC. There was also no question that Redflex was clearly in violation of FCC regulations. That’s where the clarity fades away.




Instead of declaring Redflex in violation of federal regulations, assessing a penalty for the violation, and obtaining assurances from Redflex that it would forthwith comply with these regulations, the FCC dismissed the complaint! In exchange Redflex was required to make a “voluntary contribution” of $22,000.00 to the US Treasury and to come into compliance with FCC regulations. Why all this double speak? Why dismiss the complaint when the violation was obvious? And why call a monetary fine a “voluntary contribution?” The answer is contained in the Consent Decree “Final Settlement.”



The Final Settlement states—-“The parties (Redflex and the FCC) further agree that this Consent Decree does not constitute either an adjudication on the merits or a factual or legal finding or determination regarding any compliance or noncompliance with the requirements of the Act or the Commission’s Rules and Orders.” This is Redflex’s salvation. (In other words there was no declaration of guilt or innocence.)


If the FCC would have carried out its legitimate responsibilities, charged Redflex with violating federal regulations, regarding certification of radar speed measuring devices, and penalized Redflex accordingly, Redflex would have been competitively disadvantaged in seeking future state and local contracts.


Less obvious, but potentially more devastating, Redflex, and the governments contracting with Redflex, would quite likely be on the hook for hundreds of millions of dollars, certainly years worth of litigation. Why? It’s against the law to break the law to enforce the law. Redflex has been using illegal radar guns to enforce traffic laws and to support the issuance of traffic tickets. A very plausible legal argument could be made that any ticket issued that was generated by an illegal radar gun should be dismissed and the fine refunded to the victim.


However, as loopy and disingenuous as it seems, the FCC deliberately avoided prosecution and thereby avoided an official declaration that the Redflex radar guns were illegal and should not have been used for enforcement purposes.


A moderately astute judge, one without a vested interest in past ticket camera revenues, would see through this rouse in a heartbeat. Redflex was in violation of the FCC regulation and the FCC knew it. The voluntary contribution was really just a fine. And the Consent Decree is just a house of cards constructed to protect Redflex, and its client governments. This is reminiscent of the regulatory mindset so recently prevalent in the financial industry.


Perhaps the “grown ups” in the press and the government should start paying attention?


Image Credit


Are You A NMA Member? If not, read about the benefits and then join!


FCC Conspires To Protect Ticket Camera Corporation


Further Reading:






© 2008 NMA
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
  #2 (permalink)   IP: 192.251.125.85
Old 2009-01-03
steagall1000 steagall1000 is offline
Banned Indefinitely
 
Join Date: 2007 Jul
Location: Homer, Georgia
Posts: 30
steagall1000 is on a distinguished road
Angry No surprise

This does not surprise me. The FCC is always trying to do something to keep the revenue in the states hands or in their hands for that matter. Its a good thing that they don't control the Laser end of enforcement!!!
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Reply



Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Toss Your Virginia Red-Light Camera Ticket? NMA Reporter NMA Articles 0 2009-07-07 13:25
Ticket Camera Scams Are Plentiful In The D.C. Area NMA Reporter NMA Articles 0 2009-02-18 11:12
Red Light Camera and Speed Camera CrimeLine NMA Reporter Economics & Politics 0 2009-01-07 22:11
Short Red-Light Camera Grace Period Leads To Ticket Refunds NMA Reporter NMA Articles 0 2008-10-16 09:30
Ticket Camera Bias Uncovered At The Orlando Sentinel NMA Reporter NMA Articles 0 2008-08-14 14:05


All times are GMT -4. The time now is 18:26.


©2019 SpeedTrapHunter