[AMRadio] Court Sends BPL Back to FCC

[Jim Wilhite]

Unfortunately the only part of the controversy addressed is the "notice 
and comment" part was not followed by redacting studies on which it 
relied nor did the FCC  provide a reasoned explanation.  This rope is an 
easy jump for the FCC and you will just see them delaying the 
inevitable.

The FCC has been nothing but a money machine for the past 15 years and 
that isn't about the change.

Jim/W5JO


----- Original Message ----- 
From: "Mike Duke, K5XU" <k5xu at comcast.net>

> Some here may find this of significance.
>
> See:
>
> http://www.arrl.org
>
> Court Finds FCC Violated Administrative Procedure Act in BPL Decision
> (Apr 25, 2008) -- The US Court of Appeals for the District of Columbia
> Circuit today released its decision on the ARRL's Petition for Review
> of the FCC's Orders adopting rules governing broadband over power line
> (BPL) systems.
>
> http://pacer.cadc.uscourts.gov/common/opinions/200804/06-1343-1112979.pdf
>
> The Court said, "We grant the [ARRL's] petition in part and remand
> the rule to the Commission. The Commission failed to satisfy the
> notice and comment requirements of the Administrative Procedure Act
> ("APA") by redacting studies on which it relied in promulgating the
> rule and failed to provide a reasoned explanation for its choice of
> the extrapolation factor for measuring Access BPL emissions."
>
> Mike Duke, K5XU
> American Council of Blind Radio Amateurs
>