Let's nor forget that Part 15 (or 55024 etc for that matter) do NOT prevent 
interference -- just (slightly) reduce the probability. 

Cortland
KA5S

-----Original Message-----
>From: Dennis Ward <[email protected]>
>Sent: Jan 26, 2011 1:29 PM
>To: 'John Woodgate' <[email protected]>, [email protected]
>Subject: RE: dow for new standards
>
>Ahh but isn't that the problem when an entire system makes one entity 100%
>responsible for everything and negates any legal acceptance or
>responsibility of others to alleviate that burden??? It basically says,
>'since you are 100% responsible, it is you that has to prove it, not I who
>brings your assumptions into question."  The very fact that it is an
>'assumption' of conformity shows the burden of proof is on the one
>'assuming', if and when that assumption is called into question.
>
>For example, in criminal law many countries have the 'assumption' of
>innocence of the accused placed on the government and because they must
>'assume' innocence, it is their responsibility to 'prove' guilt.  Thus, for
>the 'assumer' (coined phrase for one who assumes), the very burden of
>responsibility of that assumption alone makes it one sided.    
>
>Granted, this is not, or I should say is usually not, a criminal case, and
>there are directives that do have type acceptance of products, but those
>directives such as the RTTE etc, leave the manufacturer standing naked
>before the world with all the responsibility to prove 'innocence' of action
>simply because of the assumption of conformity.
>
>And isn't that also one of the possible reasons that the next generation of
>RTTE and other directives may very well include some kind of type acceptance
>approach. By removing the assumption and making type acceptance a
>possibility, the 'assumer' is no longer burdened with the responsibility of
>proof should question arise.  He simply points to the type acceptance and
>says 'prove it aint so' to the accuser.

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