[AMRadio] Court Sends BPL Back to FCC

Jim Wilhite w5jo at brightok.net
Fri Apr 25 19:18:18 EDT 2008

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 

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


----- 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

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