From: turner@safety.ics.uci.edu (Clark Savage Turner)
Subject: Re: diy uncoordinated repeater
Newsgroups: rec.radio.amateur.misc
Organization: UC Irvine Department of ICS
Date: 31 Dec 92 02:38:09 GMT

In <7i2LwB2w165w@presoft.com> steve@presoft.com (Steve Kohlenberger) writes:

>rcanders@nyx.cs.du.edu (Rod Anderson) writes:

>> Thanks to the improvements in technology there is no longer any reason
>> for repeaters to not share frequency pairs.  To set up a uncoordinated
....
>Great idea. (being an almost newcommer, I can say this)
....
>> 1.  If you think that a repeater frequency pair is under used set up a
....
>> 2.  Set up your repeater on this frequency.  It will be necessary to
...
>> 3.  Check with a lawyer, I don't think that a state court would have
>> jurisdiction, the FCC preempts local laws, but find out first.  Then
>> if you are sued in a state court you can clam that they don't have
>> jurisdiction on the matter.

>Any legal types out there that can shed some light on the subject?

Of course, it "depends" upon the individual case, but in general, Federal
questions are posed to Federal Courts.  You may be able to "remove" a
Federal question case from a State Court.  However, if the case is
basically a common law claim (negligence and damages....etc), you may
have to stay right there in State Court.

Pursuing a course such as this would depend on what you want.  Is the
Federal Court necessarily better for your case?  Or is the State court
truly without jurisdiction (cases depend on individual circumstances)
so that you have to end up in Federal Court.  Hopefully you NEVER get
to this problem!!!!!!

>Any sue types out there that would want to retaliate to such a use
>on 'their' exclusive frequency?  Your defense posture?

>> 4.  Send a petition to the FCC to require repeaters to share
>> frequencies as much as possible.  Also lobby the ARRL and the local
>> coordinator to not have frequency assignments exclusive.
>>
>> Only share the frequency of the private ego repeaters which have _VERY_
>> little traffic.  If all the frequency pairs are used up and they all
>> are used heavily then don't try the above.

Very good advice if you are going this way.  I would add:
4.5  Only share the frequency of the private repeaters which have very
little traffic, and notify them of your intent to do so prior to erecting
your repeater.  This will give you moral high ground and will allow them
to respond, giving you time to figure out whether it was a wise choice
or whether you (or they) have the inclination to fight or make reasonable
accomodation.......If you have ANY reason to suspect a fight, have legal
counsel help you FROM THE START (including the letter of notice and
letters to coordinators etc.)  This need not be expensive, the ARRL
Volunteer Counsel program can help a lot, and the legal involvement
may be very little (as it should be.)

Clark
.....................

Clark Savage Turner, Graduate Student Researcher
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WA3JPG, QRP #3526, active on HF, VHF and UHF.
Admitted to practice law in California, Massachusetts, and New York.
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