The simple fact is that -- pursuant to FCC decisions of long standing -- the new entrant is ALWAYS responsible for the correcting the new interference to previous users that they create. There are caveats: the receiver in question has to be unmodified since manufacturer, has to be used in a permitted manner, and has to "reasonably" be compliant with it's certification and standards in effect at the time of manufacture. So, meeting those requirements, the lawsuit would likely have merit. And, I suspect that you haven't spent millions on your transmitter, that millions of persons are not using your signals, and that you don't make millions (while not charging users a penny) on the use of your transmitter. So, scale your nonsuit up to the size of broadcasters. Also, broadcasters will likely have a much better feel than most for who causes their interference. Ever have an idea about who causes your interference? EVERY time more than about two homes are affected by interference, stations get calls. Day or night. John Willkie -----Original Message----- From: opendtv-bounce@xxxxxxxxxxxxx [mailto:opendtv-bounce@xxxxxxxxxxxxx]On Behalf Of John A. Limpert Sent: Tuesday, June 08, 2004 5:28 AM To: opendtv@xxxxxxxxxxxxx Subject: [opendtv] Re: New weblog on spectrum policy on 6/8/04 4:32, John Willkie at johnwillkie@xxxxxxxxxx wrote: > I can't wait for the lawsuits. Not the stations against the FCC, but the > viewers and stations against the WISPs, with few to none of the latter > making money. Anyone can file a lawsuit. That doesn't mean that they have any merit, or that they will win. If I operate a clean transmitter, in accordance with FCC regulations. Why should someone with a poorly designed television receiver be able to ask for damages, when the fault is in their equipment? I don't go running to the FCC or the courts every time I experience front-end overload or intermod on a piece of radio equipment. ---------------------------------------------------------------------- You can UNSUBSCRIBE from the OpenDTV list in two ways: - Using the UNSUBSCRIBE command in your user configuration settings at FreeLists.org - By sending a message to: opendtv-request@xxxxxxxxxxxxx with the word unsubscribe in the subject line.