There are two discussions going on that are clouding the issue. The first is regarding the FCC Rules. First, the rules do not grant a "right "to the frequency. Rights are granted by the Constitution and subsequent court judgment that may infer other rights. Regulations on the other hand, establish rules that define how the government or citizens may conduct certain activities within the bounds of established law. In essence, use of the public airways is a privilege (licensed or otherwise) that may be removed without action by the courts or congress. The FCC regulations establish a privilege to use the designated airways. Misuse may constitute a criminal offense.

The other discussion has to do with reasonable conduct and liability for personal or property damage that may result from negligent actions. Anyone has the privilege to turn their radio on. If they do so negligently and cause damage, they may be held liable in a civil action. (I have a right to own a gun, but if I shoot someone with it accidentally, its still manslaughter)

The plaintiff (AMA club) has established a procedure that constitutes a reasonable approach to assure that they will not damage another's person or property. That is the frequency sharing procedure that we are all familiar with. An outside party being aware of the presence of the field (read the first post - they know the field is there) that chooses ignore the frequency procedure by operating their radios without checking first, could and should be judged to be negligent in their behavior (see my previous post on duty to protect, breach of duty, causation, and damages). No one in this forum can say they would or wouldn't be held liable. It would be up to a judge in the civil action to determine. Assuming no personal injuries, the damages would probably be less that $5000 (I realize not always), and could be taken to small claims court. No lawyers, no lawyers fees.

I make this argument as a means of providing the AMA club with a path of action to consider in the event that negotiations with the "rogue" flyers are unsuccesful, not as a first course of action. If there is an accident, and someone goes after the club, you can bet the lawyers for the insurance company will make this argument to demonstrate the rogue flyers were negligent. I'd bet they'd prevail.

Brad