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

[Jonathan E. Hardis]

>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
>_______________________________________________


In his Opinion, Judge Kavanaugh almost seems to be inviting the FCC 
to appeal to put a stake in the heart of Portland Cement.

   - Jonathan