JJ wrote:
Phil Kane wrote:

On Fri, 26 Mar 2004 09:11:05 -0500, Mike Coslo wrote:


IOW, if I know my neighbor has BPL access, does my continued use of my
HF amateur privileges when I know that tests show that the only HF
signal that did not knock a BPL signal out was at the QRP level
constitute that willful interference?

I say no, but the other side has an interesting interpretation.

Maybe Phil could weigh in on this one too?



This attorney says that if you are operating within the FCC Rule
requirements then any interception by a system which is not intended
to receive those signals - be it an audio device or a BPL system -
is the problem of the affected system operator and not of the
transmitter operator or licensee.

In communications regulatory law, "willful" is defined as knowing
that you are doing an act regardless of the intent of doing that act
or its effects - it is the opposite of "accidental".

For example, operating a transmitter is a willful act - you know
that you are operating a transmitter. If operation of that
transmitter is a violation (such as on an unauthorized frequency)
that is a willful violation regardless of any intent to violate FCC
rules.

Operating a radio transmitter in full compliance with the terms of
license and FCC rules is not "in violation".


You obviously haven't be paying attention to the group official rules
interpreter, Frankie Gilligan. According to him that would be malicious
interference and would completely be the hams fault and the ham would be
operating illegally.

Hehe, too bad Frank seems to have disappeared. I would have like to see
how he would have fared against Phil! I think Phil's opinion holds a bit
more authority, no?

- Mike KB3EIA -