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[RFI] Fwd: Town Code Enforcer

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Subject: [RFI] Fwd: Town Code Enforcer
From: K1ZM@aol.com (K1ZM@aol.com)
Date: Wed, 5 Apr 2000 10:50:38 EDT

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Hi Huys

This is the original message from W2RE, the affected ham.

It was dumped by the server because he added CC:'s in the title line.




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Subject: Town Code Enforcer
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       I have a problem with my town code enforcer. I need advise about
this situation. 
In 1996 I installed 3 towers with permission from my town board. I was
lucky as it cost me only 800.00
in permits. At a board meeting in 1996 the town board unanimously agreed
to the terms of the towers. Also,
in the minutes of the meeting the board agreed that interference would
not be my problem and affected resident
are required to install filters.
       Basically have had one neighbor with interference problems, I
have spent at least $100+ dollars
to correct any problems, installing filters and buying telephone etc. I
did the installing of filters
at the neighbors house. I have spent many hours correcting the situation
leading up to Summer of 1999.
In 1999 the neighbor became hostile about interference in there security
system and demanded that I
stop my transmitting, This is were it starts to get ugly. 
       I refused to stop transmitting and also told the neighbor to
correct the problem with the filters
that I had given to them. Well, that wasn't good enough. So, In the
summer of 1999 is the last time I spoke to the neighbor. I recently
operated in the 2000 ARRLDX contest phone. The day after a different
neighbor contacted me that the neighbor with interference is going
around the neighborhood with a town petition. 
The petition was to get neighbors to sign and present to the town board.
Keep in mind that I live in the suburbs of NYC were its 2 acre zoning.
These neighbors are spread apart. I have no idea how many signed the
petition, but it was presented to the town board. The town board said it
would look into the matter.
       A week after the town board meeting I receive a phone call from
the local newspaper regarding the interference problem. I told the
reporter that Im not interested in making a statement. The reporter
called a few days later and said that he is doing the article and is
going to give the neighbors view only in the newspaper. Well, I had no
choice but to state the facts, I dont have anything to hide. I told the
reporter that this interview would be on my terms. The terms would be to
do the interview in my radio shack. This turned out to be im my favor as
the reporter gave me a outstanding write-up in the newspaper and did his
homework and called the FCC and spoke to John Winston, an Assistant
Bureau Chief of the FCC. Also, used my photo QSL card
on the front page of the article. The only bad thing was the code
enforcer with his statement in the newspaper
and it read like this: Union Vale's Deputy Code Enforcement Officer John
Caulfield tells a somewhat different story, that the town code prohibits
interference and if there's a continued violation that he's told of then
he'll contact Higgins.Caufield said Higgins might possible be fined. He
said he can't forbid Higgins from broadcasting, but Higgins does have to
conform to certain laws.
        The Code Enforcer Now has sent me a CERTIFIED LETTER in the mail
and it reads as following:
          This letter is to inform you that this office has received a
complaint concerning the use of your amateur radio equipment.
Specifically, the complaint concerns interference with the neighbors
ability to receive public broadcast(television, radio) signals and also
that the interference may affect the operation of the security alarm
system within their house.
          During my recent inspection of the neighbors property and your
antenna field, we had discussed the problem by telephone. At the time
you indicated the PART 15 rules of the FCC and electronic devices. This
is correct. However, you may have overlooked the fact that you are
required to comply with PART 97 of the FCC rules which prohibits your
interference with the Public Broadcast frequencies that your neighbors
are attempting to receive.
           PART 97 also indicates that once you are made aware of the
fact that you may be interfering with public broadcast, you must cease
interfering with such broadcast signals. YOU MUST CEASE OPERATION.
            A review of the FCC rules (47CFR97) indicate that you are
also subject to possible restrictions of operation where the operation
of the station COULD CAUSE human exposure to RF electromagnetic fields
levels in excess allowed under sec 1.1310 of the code.
            The enforcement of the FCC codes and any required testing
and certification is enforceable by the FCC.
            A copy of the original complaint is being forwarded to the
Federal Communications Commission with request that they investigate the
alleged interference with the public broadcast signals in the area, and
the possible hazard to humans. Signed the code enforcer.
            This Code Enforcer basically is threatening me to cease my
operations. In 1996 the town board knew the rules and regulations, the
new board wants to restrict my operations. Im looking for advice and
possibly taking a law suit against my town. 
            Any help would be appreciated
73 Ray Higgins W2RE Poughquag NY.

PS. Forward this around so other amateurs see how town code inforcerers
think there above the federal law.


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