[Kenwood] BPL

Sun Oct 17 15:36:55 EDT 2004

thanks for the legal insight clark; that is something I do not have.
73,
rob/k5uj
----- Original Message ----- 
From: "Clark Savage Turner" <csturner at kcbx.net>
To: "Rob Atkinson, K5UJ" <k5uj at mc.net>
Cc: <kenwood at mailman.qth.net>
Sent: Sunday, October 17, 2004 2:06 PM
Subject: Re: [Kenwood] BPL
> I am glad we're thinking about how to help out our hobby.
>> Having been involved in the law, it is simple to talk about going to 
> Court and getting injunctions, but we'd need legal (and for the 
> injunction, recognizable equitable) grounds for such a thing. I am not 
> very familiar with that area of the law, but in recent years, Congress 
> and state legislatures have relaxed ethics rules and, in general, made 
> such legal challenges very difficult. Trying to sue the government for 
> its actions is just plain difficult. And its expensive (and the 
> attorney's fees are not the hard part, the government attorneys will do 
> all they can legally do to delay or crush the case, so gathering 
> evidence becomes very expensive...)
>> If anyone wants to actually explore this route, they need to do some 
> serious homework. I suspect the ARRL attorney has thought of such 
> things.
>> And, as someone else mentioned, we have no right to amateur radio. It 
> is a privilege. If Congress wanted to do away with us, they could do 
> it. There is a delicate political balance to be maintained as Cell 
> phones and the Internet make us look like old technology to the general 
> public (not true, but certainly an impression of many in the public!)
>> Clark
> WA3JPG
>>> On Oct 17, 2004, at 10:12 AM, Rob Atkinson, K5UJ wrote:
>> > Well, for one thing, it would take a lot of money to mount a successful
> > court challenge. On 15 Oct 2004 at 9:32, k5uj at mc.net wrote:
> >>
> >>> Guys,
> >>>
> >>> both candidates probably know nothing about the technical problems of
> >>> BPL--they are just repeating what aids have told them to say to score
> >>> points, because it sounds good to the average joe. Their assistants
> > have
> >>> probably been listening to Michael Powell. No engineers in the whole
> >>> bunch. this whole problem is just a massive result of idiot lawyers 
> >>> and
> >>> politics driving something that belongs in the realm of science and
> >>> engineering. it is going to take a court challenge, which i 
> >>> predicted
> >>> about 2 years ago. ARRL should go to court and get the whole 
> >>> decision
> >>> overturned based on Powell's refusal to recuse himself from the vote.
> > He
> >>> has been attending these BPL industry demonstrations and blatantly
> >>> championing their cause, an incredible conflict of interest.
> >>>
> >>> rob/k5uj
> >>
> >> WHY oh WHY hasn't ARRL hauled his butt into COURT?
> >>
> >> He needs to be slapped with an injunction at least.
> >> If he was a President he would be impeached for this!
>>>