From: whs70@dancer.cc.bellcore.com (sohl,william h)
Subject: Re: Closed repeaters (FCC wants them open)
Organization: Bellcore, Livingston, NJ
Date: Fri, 22 Jan 93 21:02:02 GMT
Keywords: FCC; closed repeaters; rule change

In article <C17n9E.2I1@sugar.neosoft.com> jreese@NeoSoft.com (Jim Reese) writes:
>In article <1993Jan20.211059.8912@porthos.cc.bellcore.com> whs70@dancer.cc.bellcore.com (sohl,william h) writes:
>>It need not cost the coordinator anything more than his personal time
>>and effort.  There is no requirement that the coordinator hire an attorney.
>
>Anyone who goes to court to defend a lawsuit without an attorney is a FOOL!
>
>>As above, if the coordinator's decision is within the framework of whatever
>>FCC regulations apply, I fail to see why a coordinator couldn't just 
>>make that argument him/herself to the judge where the case is being
>>handled.  Also, it should be obvious to any court that any case
>>like that should not be argued in anything other than the appropriate
>>federal court.
>
>The problem is that you won't be sued for "assigning a frequency to someone
>else"...you'll get trapped in a slander case or something similar.  The 
>simple fact that they get you into the suit at all will bring your coordinating
>functions to a halt...you lose, even if you win...

Let's be serious here for a minute, slander (or liabel) is a very
specific area of law and assigning or not assigning frequency
coordination to someone is totally unrelated to slander.  Also, others
have statedsimilar arguments, but as long as the issue or lawsuit involves
the application of FCC rules, it does not and should not even be heard in
a state or local court.  The only way I can see a local court being
the starting point would be if the suit is filed with NO claim of a
violation of federal laws, but slander....come on now.  I know there
are all kinds of jerks out there, but I'd really like to hear a GOOD
example of how a frequency coordination conflict gets turned into
a slander case.

Again, what seems to be said here is that even if there's a change in
the FCC regulations, the coordinators had best not implement the new
rules because of this implied threat of a lawsuit, yet no such great
case has been brought to the table.  The one example involved the
holding in reserve of some frequencies and that simply resulted in
an out of court agreement to assignthem.  Interesting that there
seems to be no knowledge of massive damage claims, slander charges, etc.

As to the Texas VHF society, their being tied up for two years in
litigation seems to have had nothing to do with what they did, but what
someone wrote in the club newsletter...again, a bit removed from the
actual issue of frequency assignment/coordination.  If I were the Texas
VHF, etc., I'd have just folded the tent and started a new club, assuming
the club was incorporated to at least protect its officers from individual
suits.

Standard Disclaimer- Any opinions, etc. are mine and NOT my employer's.
-----------------------------------------------------------------------
Bill Sohl (K2UNK) BELLCORE (Bell Communications Research, Inc.)
Morristown, NJ             email via UUCP      bcr!cc!whs70
201-829-2879 Weekdays      email via Internet  whs70@cc.bellcore.com

From: alanb@hpnmdla.sr.hp.com (Alan Bloom)
Date: Fri, 22 Jan 1993 20:54:14 GMT
Subject: Re: (none)
Organization: Hewlett-Packard, Santa Rosa, CA