Near mid-air

In the Orange County Soaring Association newsletter Zero Sink First
Quarter 2010 there is a good article on a near mid-air. A couple of
things jumped out at me as I was reading the Article.
1. The towplane involved in the near mid-air did not have a radio!

2. The tow path apparently was in the immediate area where 45 degree
entry to the IP commences.

Both of these situations appear to me to be to be "pre-existing
conflicts" in situ. Any opinions?

Bob

In the year 2010 there is no justification for operating a tow plane
or glider without a radio. The recent RAS discussions on radios in
gliders debated the issue. Radios are a major safety device in and
around the airport environment.

Bob (another Robert)