[BC] FM jamming story-More details

[Cowboy]

On Saturday 22 October 2005 07:10 am, Ernie Belanger wrote:
>If its true, it looks like Double O has plausible deniability.

 Not from what I'm seeing ( which is entirely on this list )

>Their lawyer  
>will claim it was their "legal back up"  that was used by that  loose cannon 
>employee, to get back at their former employee. The employee  was acting on 
>his/her own, without management knowledge against station policy,  when 
>everyone was out of dodge blah, blah, blah.....

 When the FCC did away with licensing requirements for technical operations
 personnel, the justification was that it is the licensee who is responsible for hiring
 competent and responsible technical staff.
 It is ultimately, and always, the responsibility of the licensee to comply with
 the rules and regs as they apply to his station. Always, and in every situation.
 The loose cannon may be responsible, but only to the Chief Op.
 The Chief Op. is responsible, but only to the Licensee.
 The Commission no longer regulates *how* a licensee remain compliant
 with the rules, but only that they do.

 Not verbatim, but also not my opinion, this was the answer the Commission
 gave in response to comments in that rule making.

 Prior to that rule, the licensee could claim a "loose cannon" and all the other
 legal mumbo jumbo you imply, as the individual had their own responsibility
 by virtue of their First or Second class license.
 One of the purposes of that rulemaking, was to eliminate that kind of 
 legal finger pointing.

 In my opinion.....
 The licensee may have a case against the individual, but that does not
 change the licensee's responsibility to the Commission, which they freely
 accepted by accepting a broadcast license.
 Today, a licensee can not delegate away that responsibility
 in any manner what ever.

 If anything is done without the knowledge of management, then the licensee
 is responsible both for the violation, and additionally for the improper
 management of a federally licensed facility.
 "Loose cannon" "station policy" and all that would, IMHO make a good argument
 for having that management declared an unfit licensee, and is an argument
 that I would be very hesitant to make. 

>Hopefully the local DA can come up with some FL law about interference with 
>emergency operations or interference with public safety....

 Shouldn't have to. It involves radio interference, it's federal.
 ( though there may also be a state statute as well )

>something ...  
>ow about a terrorist act that could have cause loss of life....anything to 
>teach that ass a lesson.

 Oh, please !
 "Everything Terrorism" is gonna be enough of an election mantra as it is.

-- 
Cowboy

http://cowboys.homeip.net

"My doctor told me to stop having intimate dinners for four.  Unless
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