[BC] Pushing too hard

[Robert Meuser]

Purely civil - damages. Here are the protected contours of station A as 
authorized (contracted) by the FCC. Station B is now trespassing and vandalizing 
the 'property' We seek xxx millions of dollars in damages. No FCC authority is 
trumped merely used as a basis of a contract.

Your point about a new analog applicant suing the FCC based on unequal treatment 
is also valid

R

Phil Alexander wrote:
> On 22 Jan 2006 at 20:27, Robert Meuser wrote:
> 
> 
>>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.
> 
> 
> Doesn't the FCC have their inning at some point? Do the Federal Courts
> accept regulatory matters until all recourse with the agency has been
> exhausted? Can a state court trump Federal jurisdiction in an area
> predicated on the Interstate Commerce Clause such as communication or
> aviation? Assuming you get a friendly judge and a jury verdict, how
> much does that help you when the case moves to the Federal Courts? 
> 
> 
> Phil Alexander, CSRE, AMD
> Broadcast Engineering Services and Technology 
> (a Div. of Advanced Parts Corporation) 
> Ph. (317) 335-2065   FAX (317) 335-9037
> 
> 
> 
> 
>