[CW] What it Means.

[Donald Chester]

>   RIIIIGHT! Joe Ham will just go to the Power Company and tell them to
>knock it off, they're QRMing Ducie Island. Of course, the FCC, who is our
>friend, will make them stop. If not, the ARRL will ORDER the FCC to make
>them, or they'll hold their breath until they turn blue.

The FCC has recently ordered some power companies, including our local one 
here, to clean up line noise problems. The power companies would have to be 
ordered to "knock it off" by the federal courts.  The power industry 
wouldn't just voluntarily shut down its BPL, and it is doubtful the FCC 
would take aggressive action.

The bottom line would not be BPL, but the status of federal "administrative" 
law.  If the CFR says Part 15 devices must not cause interference to 
licensed services, and the FCC is taken to court to force them to enforce 
their own regulations, it would become a matter of whether or not federal 
"rules" enjoy the status of law.  If the courts ruled that Part 15 rules do 
not have to be enforced, wouldn't that set a precedent that other federal 
"rules," including those of other agencies such as the IRS, also have no 
legal standing?

If radio users pursued our case, it could lead to a major showdown that 
could have far-reacing effects on the way the government operates.  I don't 
think the feds would let that happen.

The ham commuinty and other radio users would have to be willing to put up a 
legal fight.  Justice is a commodity that is bought and sold for a price.

Don K4KYV

_________________________________________________________________
The new MSN 8: smart spam protection and 2 months FREE*  
http://join.msn.com/?page=features/junkmail