Local Utility Threatens me with Lawsuit for CB Internet Interference.
 

Hi, The local utility here has a ISP service via the power lines and I
have a CB station that I like to talk on at night. Yesterday I received a
letter from a law firm threatening to sue me if I don't cease my CB
operations in ten days. I don't run illegal amps or anything. Does anyone
know if what they are threatening me with is legal?

On Thu, 26 Feb 2004 23:49:20 +0000 (UTC), wrote:

wrote:
Hi, The local utility here has a ISP service via the power lines and I
have a CB station that I like to talk on at night. Yesterday I received a
letter from a law firm threatening to sue me if I don't cease my CB
operations in ten days. I don't run illegal amps or anything. Does anyone
know if what they are threatening me with is legal?


Foolishly ignoring the enormous stench of a troll...

Yup.

In the US (and some other places) you can sue for just about anything,
including "I don't like the color of your shirt".

Winning such a suite is a separate issue, and I am sure this will be debated
with about 579 posts while it becomes a liberal vs conservative arguement.

You mean a "code" versus "no code" discussion..... ggg

--
73 de K2ASP - Phil Kane

Phil Kane wrote:
On Thu, 26 Feb 2004 23:49:20 +0000 (UTC), wrote:

wrote:
Hi, The local utility here has a ISP service via the power lines and I
have a CB station that I like to talk on at night. Yesterday I received a
letter from a law firm threatening to sue me if I don't cease my CB
operations in ten days. I don't run illegal amps or anything. Does anyone
know if what they are threatening me with is legal?


Foolishly ignoring the enormous stench of a troll...

Yup.

In the US (and some other places) you can sue for just about anything,
including "I don't like the color of your shirt".

Winning such a suite is a separate issue, and I am sure this will be debated
with about 579 posts while it becomes a liberal vs conservative arguement.

You mean a "code" versus "no code" discussion..... ggg

--
73 de K2ASP - Phil Kane

Yeah, and probably also gun control and how Radio Shack sucks.

--
Jim Pennino

Remove -spam-sux to reply.

"Phil Kane" wrote in message
et...
On Thu, 26 Feb 2004 23:49:20 +0000 (UTC), wrote:

wrote:
Hi, The local utility here has a ISP service via the power lines and I
have a CB station that I like to talk on at night. Yesterday I received
a
letter from a law firm threatening to sue me if I don't cease my CB
operations in ten days. I don't run illegal amps or anything. Does
anyone
know if what they are threatening me with is legal?


Foolishly ignoring the enormous stench of a troll...

Yup.

In the US (and some other places) you can sue for just about anything,
including "I don't like the color of your shirt".

Winning such a suite is a separate issue, and I am sure this will be
debated
with about 579 posts while it becomes a liberal vs conservative
arguement.

You mean a "code" versus "no code" discussion..... ggg

--
73 de K2ASP - Phil Kane

Heck, Phil. You could've at least answered the chap's question on the off
chance it's legit. If the guy's system is legal, can the ISP bring and win
an interference based suit?

73 de Bert
WA2SI

You mean a "code" versus "no code" discussion..... ggg





--
73 de K2ASP - Phil Kane



Yeah, and probably also gun control and how Radio Shack sucks.



Gun control is using both hands.....

Besides, BPL should be "Must accept interference from legal radio services
and not cause them any interference". Actually, BPL just should not
be....

In article ,
says...







You mean a "code" versus "no code" discussion..... ggg





--
73 de K2ASP - Phil Kane



Yeah, and probably also gun control and how Radio Shack sucks.



Gun control is using both hands.....

Besides, BPL should be "Must accept interference from legal radio services
and not cause them any interference". Actually, BPL just should not
be....

BPL must have an FCC part that it falls under as it will radiate an RF
signal that could potentially interfere with other services (Namely the
Amateur HF bands damn it!)

If so it probably has a provision that says it must accept interference
from other legal services. It's going to be very interesting to see how
it all plays out.

But in my opinion running high speed data over open and unshielded lines
is asking for trouble.

"Phil Kane" wrote in message
et...
On Thu, 26 Feb 2004 23:49:20 +0000 (UTC), wrote:

wrote:
Hi, The local utility here has a ISP service via the power lines and I
have a CB station that I like to talk on at night. Yesterday I received
a
letter from a law firm threatening to sue me if I don't cease my CB
operations in ten days. I don't run illegal amps or anything. Does
anyone
know if what they are threatening me with is legal?


Foolishly ignoring the enormous stench of a troll...

Yup.

In the US (and some other places) you can sue for just about anything,
including "I don't like the color of your shirt".

Winning such a suite is a separate issue, and I am sure this will be
debated
with about 579 posts while it becomes a liberal vs conservative
arguement.

You mean a "code" versus "no code" discussion..... ggg

WOW! 3 messages from CB vs BPL to Code vs NoCode, that has to be a record
for morphing a thread completely away from where it started!

On Fri, 27 Feb 2004 02:25:21 GMT, Bert Craig wrote:

Heck, Phil. You could've at least answered the chap's question on the off
chance it's legit. If the guy's system is legal, can the ISP bring and win
an interference based suit?

Bring, yes. Win, no. He needs to get a competent lawyer to explain
it to all concerned.

--
73 de K2ASP - Phil Kane

On Thu, 26 Feb 2004 wrote:
Hi, The local utility here has a ISP service via the power lines and I
have a CB station that I like to talk on at night. Yesterday I received a
letter from a law firm threatening to sue me if I don't cease my CB
operations in ten days. I don't run illegal amps or anything. Does anyone
know if what they are threatening me with is legal?

Wrong group. Try "rec.radio.cb".

Regardless, only the FCC has the ULTIMATE authority over radio services. There
has been a recent change in the law authorizing state/local law enforcement some
actionable authority, but if you are completely within the rules, then only the
FCC's action matters.

Suggest you find your local ham radio store & local ham radio clubs.
Ask them all for attorneys who are hams.
Talk with those attorneys, who are your best choices.
All will know that, as long as your rig will stand inspection (i.e., no
linears, legal output), that a letter to the power company will make this
problem go away.

But, where are you, and which power comany is this? Are you in the
Commonwealth?

Would appreciate you posting the entire letter here (redacting your
address, of course).


On Thu, 26 Feb 2004 15:36:25 -0800, wrote:

Hi, The local utility here has a ISP service via the power lines and I
have a CB station that I like to talk on at night. Yesterday I received a
letter from a law firm threatening to sue me if I don't cease my CB
operations in ten days. I don't run illegal amps or anything. Does anyone
know if what they are threatening me with is legal?


--
Nobody but a fool goes into a federal counterrorism operation without duct tape - Richard Preston, THE COBRA EVENT.

D. Stussy wrote:
On Thu, 26 Feb 2004 wrote:
Hi, The local utility here has a ISP service via the power lines and I
have a CB station that I like to talk on at night. Yesterday I received a
letter from a law firm threatening to sue me if I don't cease my CB
operations in ten days. I don't run illegal amps or anything. Does anyone
know if what they are threatening me with is legal?

Wrong group. Try "rec.radio.cb".

Regardless, only the FCC has the ULTIMATE authority over radio services. There
has been a recent change in the law authorizing state/local law enforcement some
actionable authority, but if you are completely within the rules, then only the
FCC's action matters.

Not really.

You're confusing laws with civil lawsuits.

If you want a real life example, the FAA is the ultimate authority over
what flies in the US.

In a lawsuit filed in Massachusetts, a group of homeowners are suing
some pilots who are operating within FAA requlations for damages due to
noise.

How this turns out should be of interest to hams as well as pilots.

It isn't much of a stretch to envision homeowners suing legally operating
hams for damages due to loss of view or some such thing.

For the story:

http://www.aopa.org/whatsnew/newsite...04-1-108x.html

--
Jim Pennino

Remove -spam-sux to reply.

"Phil Kane" wrote in message . net...
On Fri, 27 Feb 2004 02:25:21 GMT, Bert Craig wrote:

Heck, Phil. You could've at least answered the chap's question on the off
chance it's legit. If the guy's system is legal, can the ISP bring and win
an interference based suit?

Bring, yes. Win, no.

That's good to hear, sort of. Sadly, it appears that it has become
standard (accepted) business practice to "win the war" by allowing the
smaller individual plaintiff to wage a battle that the larger
defendent will just draw out indefinitely while said plaintiff
literally "dies on the vine." I have seen this up close and personal
and lemme tell ya...it ain't pretty. Justice and truth get thrown
right out the window.

He needs to get a competent lawyer to explain
it to all concerned.

I agree and would add that it should be a competent communications
attorney. Grab a Tech ticket, join the league, and ask their legal
department for some guidance. BPL is a pretty hot issue nowadays so I
bet you'll get a serious and concerned response.

73 es GL de Bert, WA2SI