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Re: [TowerTalk] AN Wireless "cease and desist" letter

To: towertalk@contesting.com
Subject: Re: [TowerTalk] AN Wireless "cease and desist" letter
From: "Roger (K8RI) on TT" <K8RI-on-TowerTalk@tm.net>
Date: Thu, 5 May 2016 04:31:20 -0400
List-post: <towertalk@contesting.com">mailto:towertalk@contesting.com>
Not referring to the AN tower, but the remarks as to becoming a sue happy society which I believe that to be true. Frivolous lawsuits abound and there are many examples of people doing idiotic things and suing the company. The sad part is that juries tend to award large sums out of sympathy. Many products have a built in liability cost. This is true for not only the medical industry, but machine and hand tools.

It's true that we may need a lawyer to recoup losses, or defend us. There are cases we read about where armed criminals are shot in self defense breaking into homes and the home owners is not prosecutes as the act was ruled as justifiable, yet the criminal (if he or she survives) and or their families sue the home owner with little chance of success, yet the home owner may need to spend many thousands to fight what is a frivolous lawsuit.

As hams, there are cases where neighbors don't like antennas  and sue.
People sue manufacturers because someone misused their product to harm some one.
Tower can be attractive nuisances like swimming pools.
I need some tower work done and there are locals who would do it for little or no cost, but if they are not trained and bonded, The liability risk is just too great. Tower work, by its very nature is dangerous. Even professionals make mistakes with tragic results. I climbed towers for many years without getting hurt

Someone made the remark about not enough lawyers, when when we actually have a surplus. I've known several students that had decided to go to law school, but change their minds.

Everyone has the right to complain about a product they are unhappy with, but a just complaint about a product, or group leaves you open to the threat of fines or lawsuits.

There appear to be many abuses of the system.

73

Roger  (K8RI)


On 5/5/2016 Thursday 12:32 AM, W7ZZ wrote:
I have no dog in this hunt, and I have not read the comments that K7LXC
apparently posted regarding AN Wireless towers.  However, I have been an
attorney for 44 years and I happen to own two AN Wireless towers, a 70 foot
heavy duty and a 60 foot light duty.

I will say this:

First, the AN towers are an extraordinarily good product.  Armageddon can
come and go, but these towers will still be in the air.  I chose the AN
Wireless towers over competing products for a number of reasons and I do not
regret that decision one whit.  Now, having said that, are there issues with
the towers?  Yes, but they are the same issues that any freestanding tower
presents:  the need for a crane to put them up in the air, the need for a
crane to take them down, difficulty and complexity of assembly, the
inability to raise/lower them vertically or horizontally (as in crank up or
tilt over towers) for antenna maintenance, etc.

Second, AN Wireless has every right to protest any comments that it thinks
are defamatory, to include the right to sue.  You have that right. I have
that right. They have that right.  Once again, I have not read what K7LXC
posted and I make no comment on whether it was defamatory or true or fair
comment or whatever . . .  But I will vigorously defend the right of
anyone/any company to protest/sue to protect its rights.

Thirdly, it was my understanding that Dan Simmonds had sold the company and
that it is owned now by someone else currently.  I may be in error in that
regard.  However, when I bought the towers about 8 years ago, I dealt with
Dan, who is a very personable and responsive person.  When I finally got
around to putting up the towers in 2015, I had some questions, and I dealt
with what I believed to be the new owners of the company, who did not have a
lot of information about the products sold in years past.  They were very
responsive and helpful, but it was apparent that they did not have old
drawings/plans, etc, which were needed to answer my particular questions,
that related to the fall arrest system (which actually is from another
company but sold under the AN name, as is common practice).

Finally, I happen to know, and I bet AN Wireless knows, that K7LXC's company
has in the past sold (and may well still sell, I don't know) a competing
similar freestanding tower product, so they might view his comments as a
competitor a bit differently than comments from Joe Ham who just put up a
tower and is "reviewing" it.  Since I have not seen K7LXC's original
posting, I don't know whether this was disclosed.

As I said at the outset, I have no dog in this hunt and have not seen
K7LXC's comments.  However, the numerous posts lambasting attorneys and
companies who protect their rights prompted me to take the considerable time
to draft and post this response.  Some day you might want to protect what
you believe to be your rights.  I suspect you would not want to be attacked
on the Internet for doing so.  Leave it to another, much more appropriate,
forum to determine who is right in this instance.

73, Doug W7ZZ

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73

Roger (K8RI)


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