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Old March 7th 04, 04:20 PM
Ken Scharf
 
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Harv nelson wrote:
Ralph Mowery wrote:

The power companies know all about the Part 15 rules. They will never
attempt to prosecute you or harass you via the FCC or Federal Courts.

You WILL find yourself in a LOCAL court room, before a LOCAL judge, and
a LOCAL District Attorney. You will be prosecuted as a “Public
Nuisance" under the same laws used to protect the public from dogs
running at large, kids who squeel their car tires, and people who leave
piles of garbage laying about.




Wouldn't it be easy to point at the back of one of the part 15 devices
and
show the judge where it says the device must not cause any
interfearance to
licensed devices and must accept any interferance from the licened
devices ?
Then counter sue the power company for interferance and being a public
nuisance to you.

Catch this senario:

You and your lawyer bring the Part 15 device to the show the LOCAL
(Municiple) Judge. The power company and there lawyers have assembled
200-300 of their customers in the same courtroom ... pop's and mom's,
grandma's,etc. ... all LOCAL voters ... all screaming for your "blood"
because have ****ed up their internet access ... intentionally!

The Judge knows that his decision will likely be reversed on appeal ...
but, ONLY if YOU have the resources to initiate that appeal (It'll start
in the 100 Kilobuck range). The Judge also knows that the folks in the
courtroom will all vote for HIM in the next election ... and the power
company will also make a money contribution to his campaign.

You are living under the mistaken assumption that RIGHT (or "rights")
and WRONG have anything at all to do with this situation. Its not about
laws and regulations. Or, even physics. Its about MONEY. Its about
POLITICS. Its about GRAFT. In short, its not going to be a fair fight.

Bend over!

Perhaps. But it WILL only take ONE FEDERAL judge to turn it around then
no futher LOCAl judge will prevail. And maybe the ARRL will send one of
their lawyers down pro-bono to see that this happens.

And BTW ... Just keep telling me how important it is that I vote
Republican in the next election (terrorism, abortion, and all that
idiotic crap). AND how important it is for prospective hams to learn
and love morse code.

You have made a VERY good case for all of us NOT to vote Republican.
And BTW GWB CAN'T be RE-Elected, since he WASN'T elected in the first
place. He was CROWNED by the best supreme court money could buy.



Harv, AI9NL