In light of the recent posts about the Code Enforcer.
Here's some info on a case in NJ over RFI problems resulting in a neighbor
trying to stop a ham's xmissions using the courts.
I think the response from the FCC to the Code Enforcer's letter (if in fact
he sent one) should pretty much put it to rest once they tell him he has no
jurisdiction and that they no longer handle RFI complaints either. The FCC
now refers all RFI complaints to the manufacturers of the "RFI-suceptible"
equipment. This response can result in the following situation:
> NEW JERSEY TVI LAWSUIT APPEALED
>
>
> Neighbors who failed in an effort to sue a Lafayette Township, New Jersey,
> ham as a nuisance for interfering with their TV, telephone, and garage do
> or opener have appealed the case to a higher court. In April, New Jersey
> Superior Court Judge Reginald Stanton said that federal law prevented him
> from declaring ham radio interference a nuisance in the case against
> Walter
> Kornienko, K2WK.
>
> The plaintiffs--Kornienko's next-door neighbors, Leopold and Karen
> Korins--
> appealed the unfavorable decision to the Superior Court's Appellate
> Division.
> Bob Shelton, N2EDF--a retired New Jersey judge who's acting as an advisor
> to
> the case--said that in court remarks before rendering his decision,
> Stanton
> said that Kornienko was operating legally and properly and that were it
> not
> for the federal preemption issue, he would first require the Korinses to
> take
> measures to prevent the RF interference in their home before restricting
> Kornienko's hamming activities.
>
> Shelton said members of the Sussex County Amateur Radio Association
> purchased
> filters to alleviate the RFI, but the Korinses would not let the club
> members
> install them. "We bent over backwards to help these people,"said Shelton,
> a
> club member. Shelton also said that Karen Korins' negative remarks in
> court
> about Kornienko's antenna towers has led him to believe that the issue
> goes
> beyond RFI.
>
> Kornienko, an avid contester, already has spent more than $10,000 on legal
> fees in the suit. He has permission from the township for his 48 and
> 90-foot
> towers. He also has some verticals on his property. The Kornienkos live on
> 3.5 acres on a hilltop in a rural section of Sussex County in New Jersey's
> northwestern corner.
>
> The ARRL has agreed to seek to file a friend-of-the-court brief in the
> appeal.
> A defense fund has been established to help Kornienko pay his legal
> expenses.
> --thanks to The Hudson Loop and Bob Shelton, N2EDF
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