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

Mike McCarthy Towers at mre.com
Sat Apr 26 12:26:02 CDT 2008


I too read the court's ruling and individual jurist's own comments 
about how it was making a ruling based on a "shaky" precedent...the 
Portland case as well as being directly inconsistent with the Yankee 
case.  The rest of the rulings seem to be well rooted in numerous 
prior case law.

Still, the way they worded the ruling leaves little to chance about 
how they thought through the first two issues which they ruled 
against the ARRL.  The FCC was well within in's purview to use any 
section of the Comm. Act it chooses so long as it's consistent 
through the matter. Those are the two biggies which I think the ARRL 
had bet the house on to see BPL simply go away by guillotine. Now 
those opposed to BPL need to go back and get their pencils sharpened 
for round two of the technical issues and a new battle.

This is by no means over and I expect a 2nd court challenge once 
those issues are aired and a new MOO is issued.

MM





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