http://nctimes.com/articles/2005/12/08/news/inland/22_46_2412_7_05.txt
The hams didn't win this battle, but they can win the war. Do they have an
attorney? I notice that the article doesn't quote any ham or an attorney for
the hams. That's not good.
There are only two ways to lose this case:
1. Fail to properly present the necessary arguments based in the law and
respond to the issues raised by the city residents, and
2. Fail to appeal an unsatisfactory decision, if necessary.
First, this case has not been lost by any means. It can be won with the right
strategy, skills and resources.
1. A proficient amateur radio tower attorney must lead the effort. This
will ensure that all arguments are made effectively and it shows both strength
and respect for the process.
2. A "deep pockets" message must be sent by the hams. Regardless of the
financial resources that are actually available to the hams, they must send the
message that they know their position is correct, and they will appeal any
adverse decision until their just position prevails. A message of financial
weakness or unwillingness to appeal lets the council use delaying tactics to
win by default. Since the City Attorney is arguing in favor of the hams
proposal, you can be sure that the City Council will be much more likely to
negotiate an acceptable solution, rather than continue the fight on shaky legal
ground and lose on appeal.
Jim Idelson K1IR
email k1ir at designet.com
web http://www.k1ir.com
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See: http://www.mscomputer.com for "Self Supporting Towers", "Wireless Weather
Stations", and lot's more. Call Toll Free, 1-800-333-9041 with any questions
and ask for Sherman, W2FLA.
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