> From: K4SB [SMTP:k4sb@mindspring.com]
> Out of frustration she may then take it to court if she
> has more money than sense. She will lose of coarse, but
> it'll cost you too!
The ARRL Regulatory Information Branch (RIB) just put up a new RFI package
at:
http://www.arrl.org/field/regulations/rfi-legal/
While not intended to be legal advice, it offers some general background on
RFI and federal pre-emption of local law. Any ham who feels that a neighbor
may bring a lawsuit should consider seeking legal counsel.
RIB has info on how to find an attorney at:
http://www.arrl.org/field/regulations/local/vci.html
73 from ARRL HQ,
Ed Hare, W1RFI
ARRL Lab
225 Main St
Newington, CT 06111
860-594-0318
w1rfi@arrl.org
--------------------------------------------------------------------
Visit the ARRL Website at http://www.arrl.org/. Check out the ARRL
members-only website at http://www.arrl.org/members/. Have your
ARRL membership number (from your QST mailing label) available the
first time you check in. For answers to many technical questions,
consult the ARRL Technical Information Service page on the ARRL Web
site at http://www.arrl.org/tis.
--------------------------------------------------------------------
> -----Original Message-----
> From: EDWARDS, EDDIE J [mailto:eedwards@oppd.com]
> Sent: Tuesday, February 01, 2000 5:17 PM
> To: 'K4SB'; 'rfi'
> Subject: RE: [RFI] What next?
>
>
>
>
>
> > -----Original Message-----
> > From: K4SB [SMTP:k4sb@mindspring.com]
> > > Out of frustration she may then take it to court if she
> has more money
> > than
> > > sense. She will lose of coarse, but it'll cost you too!
> So what I'm
> > trying
> > Don't think so. I believe in these cases you are entitled to
> > recover full costs of defending yourself.
> [Ed-K0iL] Hi Ed; I'm not a lawyer, but I don't think you're
> "entitled" to recover full costs in every state or every case. It may
> depend on how the judge rules in the case. I know of a ham who found
> himself in court over RFI. I have a first-hand e-mail from
> him telling me
> the story. The neighbor really wanted to get rid of the
> ham's towers and
> the RFI, but they only sued over the RFI issue. The judge was very
> sympathetic to the neighbor, not the ham! But he also had to
> follow the
> law, and federal pre-emption forced him to rule in favor of
> the ham. After
> he won, the ham's lawyer said it would cost as much to sue to
> recover his
> costs than he had already spent. Like I said, maybe that
> varies from state
> to state, I don't know.
>
> 73,
> de ed -K0iL
>
>
> --
> FAQ on WWW: http://www.contesting.com/rfi-faq.html
> Submissions: rfi@contesting.com
> Administrative requests: rfi-REQUEST@contesting.com
> Questions: owner-rfi@contesting.com
>
--
FAQ on WWW: http://www.contesting.com/rfi-faq.html
Submissions: rfi@contesting.com
Administrative requests: rfi-REQUEST@contesting.com
Questions: owner-rfi@contesting.com
|