[BC] Ponder & comment

[Cowboy]

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.

 I believe that's how "negligence" is defined, but I could be wrong.
 Might be grounds for "unfit licensee" were someone to raise the issue.

-- 
Cowboy