[TowerTalk] Albuquerque Tower Permit

[Gerald Smith]

The ARRL is, and has been, very helpful. Helpful in providing case
citations and in providing an excellent amicus brief.

Also, the ARRl has an ad hoc committee which will make recommendation to
the board in methods and resources to help and handle future cases. One
idea is a "brief bank", a secure web resource for attorneys. The bank
would have all cases and sample briefs. It would save a bunch of money
for individuals.

Another item the ARRL has commissioned is a book on the subject, now
being authored by Fred, K1VR, with help from others. It will be a tutor
on how to buy property, protect yourself and, if there is regulatory
problems, how to handle them.

In my case, Jim Haynie, the ARRL President, has asked to be personally
informed and kept up to date on my case. I appreciate his concern.

Needless to say, the ARRL would have problems funding cases at the
administrative or district level. However, they have agreed to fund an
appeal in Seminole County Florida.

Locally, these fights with local governments can become very expensive.
If you can solve the problem without protracted litigation, do it!

Gerry, W6TER

Dinsterdog@aol.com wrote:
> 
> With all the resources of the ARRL, wouldn't be nice if they could take this
> on by writing a legal opinion to the county- maybe a well written letter to
> give them something to think about-  with a few references to past cases in
> which hams prevailed?
> 
> Well, they sort of do! "The FCC Rule Handdbook" as edited by Norm Bliss,
> WA1CCQ, makes reference to a number of court cases involving court cases and
> letters used to prevail in court-
> 
> It seems like it is an iron clad case if handled by an experienced attorney-
> But man, lots of $$$$ for a private attorney to research and fight- the book
> I used to win my case only cost me $12-
> 
> I had a legal case brought against me by Adams County, when I lived outside
> of Denver.  After an attorney was referred to me by the ARRL, he thought I
> was looking at big money to resolve the case-  Humph!
> 
> So I called a ham friend of mine, another attorney, and for $250 bucks, he
> wrote a letter, making reference to two previous court cases in which hams
> prevailed found in this book, and the case was dropped-  good things can
> happen, hams don't always have to lose or spend big bucks on fighting in
> court-  It's a case by case world, but until it happens to you, one does not
> realize how alone you can find yourself in dealing with the first salvo's of
> legal action-
> 
> But the pen can be mightier than the fist! These county guys down in New
> Mexico sound like a bunch chumps-  Go Get Em Gerry!
> 
> 73 Paul N0AH
> 
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