[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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