[OKDXA] FW: [TowerTalk] Court Remands the BPL Decision to the FCC

[Bert Aaron]

-----Original Message-----
From: towertalk-bounces at contesting.com
[mailto:towertalk-bounces at contesting.com] On Behalf Of
donovanf at starpower.net
Sent: Friday, April 25, 2008 2:17 PM
To: towertalk at contesting.com
Cc: bernie at dailydx.com
Subject: [TowerTalk] Court Remands the BPL Decision to the FCC

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."
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