[BC] Public File now must include Articles of Inc. and Bylaws

Mike McCarthy towers at mre.com
Fri Apr 9 16:44:17 CDT 2010


In my experince, it does until it's overturned either by appeal or the
next party who might challenge it at the circuit or adminstrative level.
But anything which occurs prior to the apealing ajudication case is
potentially past any grace period. In this case, the fine would not be
returned unless the payee sues to recover. Is it worth it at that
point....not likely unless it's more than say $10K AND they have a gopd
argument for not pursuing it in the first place.  Courts do not take
kindly to after the fact litigation where the party waives it's rights.

MM

>> A counsel I have spoken with and trust has suggested to include them
>> unless there is a specific reason to not and have the ability to back up
>> the decision. It's never been an issue before and his comment was the
>> NoAL
>> was "inluenced by stupidity".
>>
>> He too believes the station stands a decent chance at prevailing on an
>> appeal. This is one of those "I don't care how much it costs, I stand on
>> principal" issues which it will cost more to prevail than to admit guilt
>> and pay the fine should they choose to fight it.
>>
>> We'll see.
>>
>
> The "it costs too much to fight" issue is interesting. If a decision is
> not contested, does it become precedent for others?
>
> Harold
>



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