September 2006 - arrl-odv - reflector.arrl.org

[arrl-odv:14483] DIRECTORS - YOUR ATTENTION REQUIRED
by Shelley, Barry, N1VXY 11 Sep '06

11 Sep '06

107791 - DIRECTORS - YOUR ATTENTION REQUIRED I'm not certain that I have adequate information to decide at this time, and request the following: 1) Does ARRL have any record of appealing FCC decisions to courts? If so, have these been successful? 2) I would like to be personally convinced that the arguments that will be made will win. In all honesty, reading what has been presented leads me to predict a second-place finish. The concept of having a very-likely technically-unsophisticated judge rule favorably on the appropriateness of a 40 dB per decade extrapolation factor seems unlikely. Can someone outline the planned arguments better at this point? 3) What remedy will we ask for? If we win a ruling that proper procedures were not followed, will the FCC then simply conduct a kangaroo rehearing, and reaffirm their findings? Will the FCC go to congress and ask that rules be changed? What do we expect to win? 4) It appears that the desired outcome of the appeal is introduction of possibly more uncertainty and delay. If this is a significant component, cannot our General Counsel do an adequate job himself at a much lower cost to the League? Are our best interests served by hiring a law firm that is housed in a "new, palatial, office building?" My overall view of BPL is that little is likely to be gained from interaction with those responsible for establishing BPL rules. However, BPL is a poorly-engineered design to perform a job that is better performed by several other systems. Power companies are more likely to recognize this than are government bureaucrats or politicians. 73, Dick Norton, N6AA On 9/6/06, Joel Harrison wrote: > > Please see the attached memo regarding a judicial appeal of the FCC's action > regarding BPL. > > Your action is required in this matter. > > If you have any questions, please ask.

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[arrl-odv:14482] Re: DIRECTORS - YOUR ATTENTION REQUIRED
by Shelley, Barry, N1VXY 11 Sep '06

11 Sep '06

107786 - [arrl-odv:14468] Re: DIRECTORS - YOUR ATTENTION REQUIRED For the record, and so no one feels as if it is necessary to tread on eggshells, it was long long ago my suggestion to the Executive Committee that if we were to pursue a court appeal, we needed to get some experienced appellate litigators to work with. It is clearly the right thing to do, so no worries, mates. I am quite comfortable in the D.C. Circuit, but in this case, for a lot of reasons, we absolutely want name guys with daily appellate litigation experience. No doubt. Right now, we are arranging a "beauty contest" principally among two firms, so as to be ready, should the Board approve this strategy. Each involves appellate litigators who I have seen in action recently in a commercial antenna case of mine that I won in the 9th Circuit U.S. Court of Appeals that went to the Supreme Court. Both groups of litigators performed like champs in that case (though it went the wrong way) and I will assure you, either would be most impressive. This is "what they do" all the time. 73, Chris W3KD -----Original Message----- From: k8je(a)arrl.org To: arrl-odv(a)reflector.arrl.org Sent: Wed, 6 Sep 2006 6:54 PM Subject: [arrl-odv:14460] Re: DIRECTORS - YOUR ATTENTION REQUIRED Joel, First, I fully support the plan to sue FCC over its outrageous stance in promoting BPL. Second, I fully support going to outside, expert counsel to pursue the case for us. This is not a question of Chrisâ€™ competency. He is highly competent. Instead, it is a question of focus by leading counsel. If we are to pursue this case, we absolutely should obtain the best lead counsel we can afford. Chris will certainly prove as invaluable in assisting lead counsel as they prepare for and pursue trial as he has always proven to us on more general matters. Jim Jim Weaver, K8JE, Director Great Lakes Division, ARRL 5065 Bethany Rd., Mason, OH 45040 Tel. 513-459-0142; E-mail k8je(a)arrl.org ARRL, the Reason Amateur Radio is! Members, the Reason ARRL is! -----Original Message----- From: Joel Harrison [mailto:w5zn@arrl.org] Sent: Wednesday, September 06, 2006 11:17 AM To: arrl-odv Subject: [arrl-odv:14456] DIRECTORS - YOUR ATTENTION REQUIRED Please see the attached memo regarding a judicial appeal of the FCCâ€™s action regarding BPL. Your action is required in this matter. If you have any questions, please ask. 73 Joel W5ZN

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[arrl-odv:14481] Re: Returning Home
by Shelley, Barry, N1VXY 11 Sep '06

11 Sep '06

107782 - [arrl-odv:14467] Re: Returning Home Thanks, Joyce! I will be head back South next Thursday to help him as he goes through the 2nd Surgery next Friday. 73, Henry - WD4Q ----- Original Message ----- From: Joyce Birmingham <mailto:ka2anf@arrl.net> To: Henry R. Leggette <mailto:wd4q@bellsouth.net> ; arrl-odv <mailto:arrl-odv@reflector.arrl.org> Sent: Wednesday, September 06, 2006 8:02 PM Subject: RE: [arrl-odv:14437] Re: Returning Home Henry, Our thoughts and prayers are with you and your brother during this time. Who's face is gracing the "HELLO" page, you ask? Click on the link below to see! http://www.hello-radio.org/ 73, Joyce KA2ANF ARRL Hudson Division Vice Director -----Original Message----- From: Henry R. Leggette [mailto:wd4q@bellsouth.net] Sent: Thursday, August 31, 2006 10:16 PM To: arrl-odv Subject: [arrl-odv:14437] Re: Returning Home Hi Everyone: I returned home on last night. Thanks to Karl for getting the word out about my absent and being in Mississippi with my brother. He was hit in the eye with a nail as it was being driven into some wood. He glanced the nail and it flew and hit him broad sided in the eye. The cornea was torn and damaged. My brother received surgery Sunday evening after the accident. I will be going back down after Labor Day and I will advise you all when and how I can be reached if needed. He will be having surgery again I believe on Wednesday, September 6, 2006. Thanks for all your prayers! 73, Henry - WD4Q

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[arrl-odv:14480] Re: FW: Ask this go to the ODV please
by Shelley, Barry, N1VXY 11 Sep '06

11 Sep '06

107780 - [arrl-odv:14466] Re: FW: Ask this go to the ODV please Jim, when an incumbent wins re-election by a 4:1 margin, I believe it shows both (1) a low level of discontent in the division and (2) that the incumbent has all of the traits you mention. Dave From: Jim Weaver [mailto:k8je@arrl.org] Sent: Wed 9/6/2006 11:40 PM To: arrl-odv Subject: [arrl-odv:14459] Re: FW: Ask this go to the ODV please Boy Dave, you certainly know how to deflate a guy's ego. All along I thought my margin of victory was due to my good looks and inherent charm - plus a wee bit o' the gift from the Blarney Stone. Hi! Jim Weaver, K8JE, Director Great Lakes Division, ARRL 5065 Bethany Rd., Mason, OH 45040 Tel. 513-459-0142; E-mail k8je(a)arrl.org ARRL, the Reason Amateur Radio is! Members, the Reason ARRL is! -----Original Message----- From: Sumner, Dave, K1ZZ [mailto:dsumner@arrl.org] Sent: Wednesday, September 06, 2006 4:44 AM To: arrl-odv Subject: [arrl-odv:14455] Re: FW: Ask this go to the ODV please If Joe's premise is valid one would have expected somewhat different numbers from last year's Great Lakes Director election: IN THE GREAT LAKES DIVISION: Incumbent Director James E. ''Jim'' Weaver, K8JE, of Mason, Ohio, was elected to a second term. By a vote of 3505 to 883, he held off a challenge from Neil Sablatzky, K8IT. My own theory is that some of Mark's support is the result of his having a two-letter call sign vs. Joe's 1x3. Dave K1ZZ

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[arrl-odv:14479] Re: DIRECTORS - YOUR ATTENTION REQUIRED
by Shelley, Barry, N1VXY 11 Sep '06

11 Sep '06

107776 - RE: [arrl-odv:14456] DIRECTORS - YOUR ATTENTION REQUIRED Bruce, I'll have to rely on someone that has a much clearer crystal ball than me to answer your question. There is no guarantee that BPL will fail in the market place if we just stand down and let it run its course. I believe it will, but that is only, and I emphasize this, my perception. There is also no way to tell how long that would take if it actually were to occur. If it did happen and it took, say, five years to reach that point, what condition would amateur radio be in while we accepted interference from BPL systems and what would that tell other industries that wanted to infiltrate the amateur bands with interference causing devices? It would make our defense effort much more difficult. The BPL industry has gained some steam since the denial of the reconsideration petitions because the BPL industry feels we have been "defeated". Whether that will push the industry toward greater consumer acceptance or in turn allow it to die in the market place is just pure speculation on anyone's part at this juncture. Regardless, some consideration has to be given to whether we want the FCC to get by with some serious procedural flaws without being challenged. 73 Joel W5ZN From: Bruce Frahm K0BJ [mailto:bfrahm@st-tel.net] Sent: Wednesday, September 06, 2006 11:33 PM To: w5zn(a)arrl.org; arrl-odv Subject: Re: [arrl-odv:14456] DIRECTORS - YOUR ATTENTION REQUIRED Point 3 of the memo to the EC discusses adding "yet another year of uncertainty" for the BPL promoters. My biggest hesitation in voting to spend the appeal money is: Will the flaws inherent in making BPL a viable marketplace broadband alternative FINALLY bring it down WITHOUT adding the time uncertainty of the appeal? Sure it would be great to duke this out in court (esp. if we win) but I suggest we not spend the money IF we have reasonable assurance BPL will fade in a somewhat timely fashion. Of course I realize reading the tea leaves accurately on that question are about as problematic as "will the FCC finally act on Morse and give our 2006 budget plan a chance of coming true" has been...... Nonetheless, I'd like to hear some as-of-today discussion of the chances BPL will wither and die on its own, within the framework of the above. Bruce

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[arrl-odv:14478] Re: DIRECTORS - YOUR ATTENTION REQUIRED
by Shelley, Barry, N1VXY 11 Sep '06

11 Sep '06

107772 - RE: [arrl-odv:14456] DIRECTORS - YOUR ATTENTION REQUIRED Joel, I support the EC's recommendation that we file a judicial appeal challenging the FCC's action regarding the BPL rules as outlined in your September 6, 2006 memo. - Bill N3LLR From: Joel Harrison [mailto:w5zn@arrl.org] Sent: Wednesday, September 06, 2006 11:17 AM To: arrl-odv Subject: [arrl-odv:14456] DIRECTORS - YOUR ATTENTION REQUIRED Please see the attached memo regarding a judicial appeal of the FCC's action regarding BPL. Your action is required in this matter. If you have any questions, please ask. 73 Joel W5ZN

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[arrl-odv:14477] Re: DIRECTORS - YOUR ATTENTION REQUIRED
by Shelley, Barry, N1VXY 11 Sep '06

11 Sep '06

107771 - [arrl-odv:14463] Re: DIRECTORS - YOUR ATTENTION REQUIRED Point 3 of the memo to the EC discusses adding "yet another year of uncertainty" for the BPL promoters. My biggest hesitation in voting to spend the appeal money is: Will the flaws inherent in making BPL a viable marketplace broadband alternative FINALLY bring it down WITHOUT adding the time uncertainty of the appeal? Sure it would be great to duke this out in court (esp. if we win) but I suggest we not spend the money IF we have reasonable assurance BPL will fade in a somewhat timely fashion. Of course I realize reading the tea leaves accurately on that question are about as problematic as "will the FCC finally act on Morse and give our 2006 budget plan a chance of coming true" has been...... Nonetheless, I'd like to hear some as-of-today discussion of the chances BPL will wither and die on its own, within the framework of the above. Bruce

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[arrl-odv:14476] DIRECTORS - YOUR ATTENTION REQUIRED
by Shelley, Barry, N1VXY 11 Sep '06

11 Sep '06

107765 - DIRECTORS - YOUR ATTENTION REQUIRED Again, the question before you, the ARRL Board of Directors, is "Do you agree with the EC recommendation to pursue a judicial appeal?" I support the recommendation of the EC to pursue a judicial appeal . This is good news to me, and I am particularly pleased to be able to vote affirmatively for us to seek resolution of this issue at the highest level. Bob Vallio, W6RGG Director, Pacific Division On 9/6/06, Joel Harrison <w5zn(a)arrl.org> wrote: Please see the attached memo regarding a judicial appeal of the FCC's action regarding BPL. Your action is required in this matter. If you have any questions, please ask. 73 Joel W5ZN

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[arrl-odv:14475] Re: DIRECTORS - YOUR ATTENTION REQUIRED
by Shelley, Barry, N1VXY 11 Sep '06

11 Sep '06

107764 - [arrl-odv:14460] Re: DIRECTORS - YOUR ATTENTION REQUIRED  Joel, First, I fully support the plan to sue FCC over its outrageous stance in promoting BPL. Second, I fully support going to outside, expert counsel to pursue the case for us. This is not a question of Chris' competency. He is highly competent. Instead, it is a question of focus by leading counsel. If we are to pursue this case, we absolutely should obtain the best lead counsel we can afford. Chris will certainly prove as invaluable in assisting lead counsel as they prepare for and pursue trial as he has always proven to us on more general matters. Jim Jim Weaver, K8JE, Director Great Lakes Division, ARRL 5065 Bethany Rd., Mason, OH 45040 Tel. 513-459-0142; E-mail k8je(a)arrl.org ARRL, the Reason Amateur Radio is! Members, the Reason ARRL is! -----Original Message----- From: Joel Harrison [mailto:w5zn@arrl.org] Sent: Wednesday, September 06, 2006 11:17 AM To: arrl-odv Subject: [arrl-odv:14456] DIRECTORS - YOUR ATTENTION REQUIRED Please see the attached memo regarding a judicial appeal of the FCC's action regarding BPL. Your action is required in this matter. If you have any questions, please ask. 73 Joel W5ZN

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[arrl-odv:14474] List Server
by Shelley, Barry, N1VXY 11 Sep '06

11 Sep '06

The problems with the list server were resolved over the weekend and messages can now be sent through the server on all lists. Unfotunately, the ODV messages that failed during the time of the outage cannot be resent at this time. I can, however, copy these ODV messages from the server and send them independently, which I will do over the next several minutes. I apologize for the inconvenience. 73, Barry, N1VXY

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