[BC] ARRL Wins a Round vs FCC...

[Paul Christensen]

> Now...the remand could derail BPL IF the FCC can't argue and justify fully 
> why it selected 20dB instead of 40dB for the reduction factor.

And, why limiting Access BPL transmissions to 30-50 MHz cannot meet the 
objectives of the service.  I was disappointed with the Court's rationale 
used to formulate its decision on that point when they relied on the City of 
Waukesha v. EPA case.

What's especially troublesome in the opinion relates to the Court's 
dependence on the historical and reckless use of case law in the context of 
the APA.  The courts are still willing to "cherry pick" various 
interpretations of the notice and disclosure requirements from prior cases 
(See the cited 'Portland Cement' and 'Vermont Yankee' cases) -- and those 
cases being decided incorrectly, in light of their contradiction with the 
plain meaning of the APA.

Irrespective of the BPL issue, either Congress needs to align the APA with 
prior case law, or the courts need to follow the APA when rendering their 
decisions.

Paul

====================================
Paul Christensen, CPBE, CBNT, 8-VSB, AMD
LAW OFFICE of P.B. CHRISTENSEN, P.A.
3749 Southern Hills,  Jacksonville, Florida 32225
Office: (904) 379-7802   Facsimile: (904) 212-0050
pchristensen at ieee.org