I have not had an opportunity to check these
conclusions with any of our attorneys, but for what it's worth the decision
looks to me to be a big win.
The biggest win is this: "On remand, the Commission
shall either provide a reasoned justification for retaining an extrapolation
factor of 40 dB per decade for Access BPL systems sufficient to indicate that it
has grappled with the 2005 studies, or adopt another factor and provide a
reasoned explanation for it."
This is precisely the part that the BPL industry has
been concerned about.
The second remand, based on the FCC's violation of the
Administrative Procedure Act, is also very important. In my layman's opinion you
may expect to see "ARRL v. FCC" cited in future cases involving the
APA.
It's slightly disappointing that we weren't able to
persuade the Court that the FCC's determination of a 20 dB notch depth as being
adequate to protect mobile stations was insufficient, but this is less important
because of the decision on the extrapolation factor.
Dave
Just started reading it.
Dave
<<06-1343-1112979.pdf>>