[BC] Pushing too hard

[Robert Meuser]

The rules exist. The only issue is how clearly they could be interpreted 
in the average court. They are then FCC's rules so I don't see a 
jurisdictional issue.

R




Phil Alexander wrote:

>On 22 Jan 2006 at 9:23, Robert Meuser wrote:
>
>  
>
>>Not really, Phil.
>>
>>IF one were to get the right judge in civil court, the rules are there 
>>to be interpreted.  Problem would be finding the right judge and having 
>>a lawyer who could put the technical rules into a layman's perspective.
>>
>>    
>>
>
>After state venues are exhausted the next recourse is to the Federal Court.
>I'll grant that a friendly judge in a state court could set some limits
>by presiding over a jury trial, but I'm not sure you can get around the
>rules as the FCC makes them up. IOW, until this entire matter is settled,
>there will be a bit of the "shooting at a moving target" in an area where
>the FCC appears to have original jurisdiction. Considering the time it 
>takes typical civil case to reach its conclusion at the Federal appellate 
>level or the US Supreme Court, the issue might well be moot before a final
>ruling.
>
>In a full digital system, there should not be adjacent interference.
>
>Phil Alexander, CSRE, AMD
>Broadcast Engineering Services and Technology 
>(a Div. of Advanced Parts Corporation) 
>Ph. (317) 335-2065   FAX (317) 335-9037
>
>
>
>
>
>  
>