[RFI] What next?

[Hare, Ed, W1RFI]

> From:	K4SB [SMTP:k4sb@mindspring.com]

> Out of frustration she may then take it to court if she 
> has more money than sense.  She will lose of coarse, but 
> it'll cost you too!  

The ARRL Regulatory Information Branch (RIB) just put up a new RFI package
at:

http://www.arrl.org/field/regulations/rfi-legal/

While not intended to be legal advice, it offers some general background on
RFI and federal pre-emption of local law.  Any ham who feels that a neighbor
may bring a lawsuit should consider seeking legal counsel.

RIB has info on how to find an attorney at:

http://www.arrl.org/field/regulations/local/vci.html


73 from ARRL HQ,
Ed Hare, W1RFI
ARRL Lab
225 Main St
Newington, CT  06111
860-594-0318
w1rfi@arrl.org
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> -----Original Message-----
> From: EDWARDS, EDDIE J [mailto:eedwards@oppd.com]
> Sent: Tuesday, February 01, 2000 5:17 PM
> To: 'K4SB'; 'rfi'
> Subject: RE: [RFI] What next?
> 
> 
> 
> 
> 
> > -----Original Message-----
> > From:	K4SB [SMTP:k4sb@mindspring.com]
> > > Out of frustration she may then take it to court if she 
> has more money
> > than
> > > sense.  She will lose of coarse, but it'll cost you too!  
> So what I'm
> > trying
> > Don't think so. I believe in these cases you are entitled to
> > recover full costs of defending yourself.
> 	[Ed-K0iL]  Hi Ed; I'm not a lawyer, but I don't think you're
> "entitled" to recover full costs in every state or every case.  It may
> depend on how the judge rules in the case.  I know of a ham who found
> himself in court over RFI.  I have a first-hand e-mail from 
> him telling me
> the story.  The neighbor really wanted to get rid of the 
> ham's towers and
> the RFI, but they only sued over the RFI issue.  The judge was very
> sympathetic to the neighbor, not the ham!  But he also had to 
> follow the
> law, and federal pre-emption forced him to rule in favor of 
> the ham.  After
> he won, the ham's lawyer said it would cost as much to sue to 
> recover his
> costs than he had already spent.  Like I said, maybe that 
> varies from state
> to state, I don't know.
> 
> 	73,
> 	de ed -K0iL
> 
> 
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