CHALLENGE
The United States Court of Appeals for the District of Columbia Circuit
has ordered that the Federal Communications Commission (FCC) reimburse
ARRL for the docketing fee and the cost of reproducing copies of briefs
and appendices in the ARRL's successful challenge of the FCC's broadband
over power line (BPL) rules
The Order, issued on July 9 following review of an opposition from the
FCC and a reply from the ARRL, awarded the ARRL's full claim of
$6,096.18
K1ZZ, observed: "While this is just a small fraction of the cost of our
judicial appeal, the Order is significant because the Court did not buy
the FCC's arguments that the ARRL had only achieved 'partial success' in
its appeal and that our claim of costs was excessive."
Sumner continued: "In addition, the FCC falsely claimed that the ARRL
'was unsuccessful in persuading the Court to vacate the rules it
challenged.' In fact, the ARRL never sought to do so since the BPL rules
adopted by the FCC, inadequate as they are, were still better than
nothing. The award of these fees affirms that, contrary to the 'spin'
the FCC has tried to put on the Court's remand, the ARRL substantially
prevailed in its appeal."
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One of the most important activities that ARRL engages on behalf of its
members is representation in Washington. Generous member contributions
to The ARRL Spectrum Defense Fund support a full menu of activities that
help protect our Amateur Radio spectrum, including important meetings in
Washington. Your contribution by mail, phone or on the Web is vital
==> ARRL, FCC MEET IN WASHINGTON TO DISCUSS BPL REMAND
On July 9, ARRL officials -- President Joel Harrison, W5ZN; Chief
Executive Officer David Sumner, K1ZZ, and General Counsel Chris Imlay,
W3KD -- met with members of the FCC's Office of Engineering and
Technology to discuss the recent US Court of Appeals decision regarding
broadband over power lines (BPL)
major points and remanded the rules to the Commission.
According to Imlay, the meeting was convened to discuss "a possible
regulatory approach" to BPL with the FCC. Suggestions put forth by ARRL
"would address the needs and concerns of Amateur Radio operators in
avoiding harmful interference from [BPL systems] while imposing the
minimum necessary regulatory obligations on BPL deployments."
The ARRL understands, Imlay said, that "there are at this point rules
that could be adopted which would, at once, (1) protect Amateur Radio
communications from predictable harmful interference from BPL; and (2)
permit broadband over power line systems to operate in the 3 to 80 MHz
range without significant constraint and without substantial redesign or
retroactive build outs."
1 comment:
nice to see a court get that right congrats to ARRL
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