Billy,
You got it wrong ... they did not sue WA6GVG they tried to sue K6AU.
W6RU
----- Original Message -----
From: "Bill Crowell" <bcrowell@excite.com>
To: <towertalk@contesting.com>
Sent: Tuesday, July 08, 2003 1:20 PM
Subject: [TowerTalk] potentially interesting FCC ruling today
>
> The decision was based on the doctrine of federal preemption of state and
local laws by Article VI (the "Supremacy Clause) of the U.S. Constitution,
which reads, in pertinent part, as follows:
>
> This Constitution, and the laws of the United States which shall be made
in pursuance thereof; and all treaties made, or which shall be made, under
the authority of the United States, shall be the supreme law of the land;
and the judges in every state shall be bound thereby, anything in the
Constitution or laws of any State to the contrary notwithstanding.
>
> Another interesting application of FCC preemption of radio regulation is
that only the Commmission has the jurisdiction to regulate alleged radio
interference, regardless of whether the alleged interference is inadvertent
or intentional. Example: in 1975 the WESCARS net, by its attorney Ed Peck,
K6AN (SK) sued Ralph Ennis, WA6GVG, in state court for an injunction against
his alleged interference with the WESCARS net. The case was dismissed on
demurrer (pre-trial proceedings) on the basis that, under federal preemption
and the supremacy clause, only the Commission can regulate interference in
the amateur service. After the case was dismissed, WA6GVG sued WESCARS and
its officers for malicious prosecution and abuse of process and collected
over $20,000 from them. Moral: NEVER try to take amateur enforcement into
your own hands. Leave it to the Commission. Bill Crowell, N6AYJ
>
>
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