[CVCC] Fw: [PVRC] From TR Daily: DATE SET FOR ORAL ARGUMENT IN BPL CASE

[Robert Morris]

----- Original Message ----- 
From: "Eric Rosenberg" <w3dq at arrl.net>
To: "PVRC Reflector" <pvrc at mailman.qth.net>
Sent: Friday, September 07, 2007 10:24 AM
Subject: [PVRC] From TR Daily: DATE SET FOR ORAL ARGUMENT IN BPL CASE


FYI -- 

----------------------------
DATE SET FOR ORAL ARGUMENT IN BPL CASE

The U.S. Court of Appeals for the District of Columbia Circuit has scheduled 
oral argument for Oct. 23 in “American Relay Radio League, Inc., v. FCC” 
(case 06-1343), a challenge of the FCC rules governing unlicensed 
broadband-over-power-lines (BPL) Internet access - known as Access BPL - 
operations in spectrum also used by amateur radio operators, who have 
complained about interference.

The case will heard by Circuit Judges Judith W. Rogers, David S. Tatel, and 
Brett M. Kavanaugh.

In its recent brief filed with the court, the FCC argued that it acted well 
within its statutory discretion “in balancing the low likelihood of harmful 
interference from Access BPL systems operating within the new and existing 
rules against the benefits of promoting a significant new medium for 
extending broadband Internet access.  The balancing was all the more 
reasonable because the Commission adopted specific procedures to eliminate 
harmful interference in the unlikely event that it does occur.”



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