[BC] Ponder & comment 
    ron at nottltd.com 
    ron at nottltd.com
       
    Tue Feb 17 12:43:43 CST 2009
    
    
  
Thanks for your comments, Cowboy.
I agree with them entirely.  As a Class C, the station is non-D.  The 
owner/licensee has elected to do nothing, but I don't think that 
relieves his responsibility.
ron
----- Original Message ----- From: "Cowboy" <curt at spam-o-matic.net>
>On Monday 16 February 2009 12:31 pm, Ron Nott wrote:
>>    If the cellphone owner is aware of FCC rules and has refused to 
>> detune his tower
>>    and the station licensee is aware of the FCC rules and does nothing,
>>    does the licensee have any obligation, legal, moral or ethical 
>> to notify the FCC?
>
>If it's a non-D, it *may* not have had a noticeable impact, which 
>does NOT relieve
>the cell company from proving "no affect."
>
>To answer your question, by NOT prosecuting their rights under the rules,
>the station has assumed full responsibility for any and all impact that cell
>tower has on their pattern, and any violations resulting therefrom.
>
>So, "obligation" ? I'd say not, but it would be less than 
>intelligent to assume
>liability for others, when others are clearly responsible.
    
    
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