From: whs70@dancer.cc.bellcore.com (sohl,william h)
Subject: Re: Closed repeaters (FCC wants them open)
Organization: Bellcore, Livingston, NJ
Date: Thu, 21 Jan 93 15:50:13 GMT
Keywords: FCC; closed repeaters; rule change

In article <1jl9egINNk7t@tamsun.tamu.edu> willis@cs.tamu.edu (Willis Marti) 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.
>>If it were me, I'd represent myself.  What's the worst outcome, the
>>frequency(ies) at issue get coordinated in some other manner.

>No, you might be ordered to pay damages and/or court/laywer fees!
Only if you were wrong.  As to damages, I fail to see what financial
damages would apply given that amateur radio is a non monetary
service.  

Elsewhere in my response to which you reply I asked for examples.
Again I ask, (anyone) please
provide specifics as to any prior lawsuits that involved repeater
frequency coordinators, the outcome of the suits and the jurisdiction
(court) which rendered the judgement.

>>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.
>
>"an attorney who represents himself has a fool for a client."
>I've not been involved in any ham-related litigation, but have had several
>friends and employees who tried the self representation route.  BIG
>mistake... The US legal system is designed to employ lawyers and offers
>many pitfalls to those who naively think anything is obvious to a judge
>or even that being obvious matters!  Once someone has filed a suit against
>you, even a *stupid* one (in your opinion), you have to expend time and money
>just to make it go away.  Go ahead and argue about closed/open repeaters,
>but don't assume you can navigate the legal system without a lawyer.

The legal system can have pitfalls, BUT it is not beyond the 
comprehesion and/or ability of a reasonably intelligent individual
to represent himself.  What you propose or suggest is that frequency
coordinators, even if the FCC changes the laws, should not follow
the new FCC regulations because the coordinator may get sued.
Sure sounds like a case of...do it my way or I (we) will sue,
just to make your life miserable and to threaten you financially.
This tactic of "threatening a lawsuit" to coerce people is a very
despicable act these days.  We see it being tried by large moneyed
entities against individuals that speak out in opposition to construction
projects, environemntal issues, etc.  They go so far as to individually
sue (or threaten to sue) members of organizations,
even if a member isn't involved in
a particular issue.

One way in which this issue of lawsuts could be eliminated would be for
the FCC to immunize frequency coordinators from such suits.  That could
simply be done by adding language in part 97 which states: repeater
frequency coordinators are not to be liable for their actions
involving assignemnt of repeaters, etc.  That approach is becoming
very common with volunteer coaches (eg. little league, soccor,
etc.)  as more and more states pass such legislation to protect
the thousands of unpaid volunteers in sports progarms from
being individually sued by some parent.

Another point, while it isn't always the case, the courts and judges
usually are fairly sympathetic to people who are being sued over
something they do on a volunteer basis.  

>Horror stories available on request, but not for the weak of stomach.

Please provide same as per my request above.

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
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Newsgroups: rec.radio.amateur.policy