On Wed, 22 Dec 2004 17:27:42 -0600, Todd Daugherty wrote:

That is one of the of the problem in the Amateur Radio service. The Amateurs
only look at Part 97 and think that all these other rules don't apply to
them but in fact it does. Section 326 of the Communication Act of 1934 as
amended applys to all radio services. The same apply to section 301 and
section 501 or section 401....ect, ect

In _Howard v City of Burlingame_ (full citation given a while back
in another context) the Ninth Circuit clearly quoted the Comm Act
that an amateur license does not convey any rights other than that
which the FCC explicitly grants - Uncle Vern was attempting to
recover Section 1983 and 1988 damages for the City claiming that it
violated his "free speech rights" (which the court held non-existant)
by denying him a permit to erect an antenna structure of his own
choosing (which the court also held that he did not have any right
to).

And BTW, you quoted _Dunifer_ in your other post. If you read the
entire case, not just the decision, you would know that I was the
FCC's case supervisor in that case, and there's a lot more to that
case and how, when, and why the judge so ruled than appears in the
decision.

Where do you practice Communications Law, Todd?

--
73 de K2ASP - Phil Kane
Principal Attorney
Communications Law Center
San Francisco, CA