Any Lawyers in the House?

KG4NLX writes "I am a new ham, and am thus very aware of trying to follow the rules and customs of operation. Recently I have read many complaints online regarding unlicensed intrusions into the 10 meter amateur band. I have also read that many hams are frustrated by the lack of FCC action, even for cases where hams have documented the abuse and identified the culprits. Has anyone considered the possibility and viability of civil litigation?



For example, suppose I get a permit from my local park district to hold a charity celebrity softball game at the local public park's baseball diamond. Suppose you and your buddies are there having a pickup game. I inform you that I have a permit for the diamond at this time, and politely ask you to leave. You refuse. I call the police, but they are busy doing other things. You still refuse to leave, and I am forced to cancel my event and suffer losses and inconvenience. Perhaps the park district doesn't want to get involved. Can I sue you? Even if I don't own the park, but have special permission from a public authority to use it? Common sense tells me yes, but I'm not a lawyer.



Now is this scenario really any different from unlicensed use of amateur bands? If the FCC is too busy, could the ARRL file class action suits or some other litigation against unlicensed operators? Could any ham sue another citizen for unlicensed operation? Perhaps the damages wouldn't be much, but the principle is the thing. Wouldn't winning such a case, even for modest damages, force the FCC to take action?


Just curious what any knowledgeable legal minds have to say...


73

KG4NLX"