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[TowerTalk] Tower and antenna and the neighbors

To: <towertalk@contesting.com>
Subject: [TowerTalk] Tower and antenna and the neighbors
From: sawyers@inav.net (Steven H. Sawyers n0yvy)
Date: Wed, 27 May 1998 19:55:46 -0500
Aren't helpful neighbors wonderful!

Here are my off the wall shots:

>The neighbors are seeking legal counsel 
In this country anyone can sue for almost anything and they do.
Their legal expense versus yours - but if they file, get a lawyer and then 
counter sue claiming unnecessary litigation, harassment and recovery of 
legal expense and loss of consortium - whatever that is.

>and approaching the city
You got a building permit so you are legal. You are licensed by the federal 
government. You operate legally.

>tower and antenna detract from the value of their home and property
Then the city assessor should rush out and lower their assessment and taxes. 
A certified appraiser (like the ones that appraise property for home
mortgages) 
should be able to show similar situations where an "amateur" installation
(not commercial) tower installation of similar height has lowered the value 
of the surrounding properties. DO NOT LET THEM USE A REALTOR AS
A PROPERTY EVALUATION EXPERT! In any given city, you can find one 
realtor that will just about swear to anything. A certified appraiser has to 
back up his assertions with factual comparative property listings. If his
numbers
won't withstand scrutiny, then he can have his license lifted.

>affected by the radiation
You have completed the required FCC RF Exposure analysis for your station
and are in compliance, aren't you?

Just to help with their edification, you might also show them what their
exposure 
is with the 5 watt 900 MHz cell phone next to their heads as a proportion
of the 
exposure limit. Then do the same for their kids standing 2 feet away in the
back 
seat of a car where most of the energy is bouncing around inside the car.

>Hopefully the neighbors have cable tv
RFI problems are the sole domain of the FCC, per a letter from the FCC, if 
you are operating legally.

Generally when confronted with something they don't like, people will
threaten 
to sue. It is the American way. When they have to go get a lawyer and pay
for one, they will some times think twice. If they are a lawyer then they may 
not have the legal expense.

I would not get too frustrated or worried about it yet. You sound like you
are 
within your rights as an amateur and have been done everything legally.

Steve

At 03:33 PM 5/27/98 -0700, JT wrote:
>Well we have the classic confrontation with the neighbors. We have just
>installed a Force12 C4-SXL on a 55 foot US tower crankup. The neighbors are
>seeking legal counsel and approaching the city. They are claiming that the
>tower and antenna detract from the value of their home and property. They
>have asked us in written form to "not operate between 5pm and 8am and on
>weekends" because they have small children who could be affected by the
>radiation (We should not run our microwaves or cell phones near their
>property, hi hi). The city we are in says that the antenna can be no higher
>than 55 feet. We did receive a building permit prior to construction. Do we
>approach the league now for help? Do we look to PRB-1? Can a civil suit be
>brought against us?
>
>Hopefully the neighbors have cable tv
>
>JT
>K7CO
>
>
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