Another point is that the nomination has just been made. The Senate has to confirm the nomination. We have in the past planted questions in confirmation hearings for FCC nominees to enable issues to be aired out. It normally makes a nominee somewhat careful in the future.... Christopher D. Imlay Booth, Freret, Imlay & Tepper. P.C. 14356 Cape May Road Silver Spring, Maryland 20904-6011 (301) 384-5525 telephone (301) 384-6384 facsimile W3KD@ARRL.ORG -----Original Message----- From: Sumner, Dave, K1ZZ <dsumner@arrl.org> To: arrl-odv <arrl-odv@reflector.arrl.org> Sent: Fri, Jun 26, 2009 11:47 am Subject: [arrl-odv:17877] Re:RE: Baker FCC nomination Marty, having 200,000 to 400,000 BPL customers in 2007 as a citable statistic in a federal report is not a moot issue. We raised it when the report was issued, but that was the previous administration and there wasn’t much chance of getting them to admit error. Now we have another shot. The interesting thing is that the NTIA didn’t accept the FCC’s well documented figure. In other words, the FCC was right and NTIA was wrong. But now, having been in charge at NTIA when NTIA was wrong, she’s been nominated to the FCC by the new administration. Is she going to bring the practices of the previous administration with her to the FCC? It’s a legitimate question to raise. I don’t think any interest group would pass up the opportunity to raise it. Dave From: Marty Wo ll [mailto:n6vi@socal.rr.com] Sent: Friday, June 26, 2009 10:19 AM To: arrl-odv Subject: [arrl-odv:17876] Re: Baker FCC nomination Since "bad" BPL seems to be fizzling out of its own accord, would this be a case of winning the battle but losing the war? Is trying to extract an admission of wrongdoing on what may now be a moot issue worth the cost of "doing business" going forward before a commissioner whose personal ethics you have publicly challenged? If we think we have a basis for preventing her appointment and a reasonable chance to do so, that's another matter, but that's not what I was hearing. 73, Marty N6VI ----- Original Message ----- From: Sumner, Dave, K1ZZ To: arrl-odv Sent: Friday, June 26, 2009 6:20 AM Subject: [arrl-odv:17873] Baker FCC nomination With the announcement of President Obama’s intent to nominate Meredith Attwell Baker to the FCC we may have some leverage to address the seriously flawed NTIA report that was issued on her watch as Acting Administrator of the NTIA, and that has never been corrected. After consulting with President Harrison I have drafted the following statement and am accompanying it with the supporting documentation. Dave K1ZZ We have serious concerns regarding the nomination of Meredith Attwell Baker as an FCC Commissioner. While Ms. Baker was Acting Administrator of the National Telecommunications and Information (NTIA),20the NTIA released a deeply flawed report entitled Networked Nation: Broadband in America 2007. The report seriously and inexcusably overstated the extent of deployment of Broadband over Power Lines (BPL) as a means of delivering broadband services to consumers. Documented FCC figures showed there to be about 5,000 BPL customers nationwide, yet the NTIA dismissed this number out of hand and went on a fishing expedition for higher figures that it could quote in the range of 200,000 to 400,000 – utterly specious numbers without a shred of factual foundation. The ARRL proved that these figures were taken out of thin air and twice called upon Acting Administrator Baker to issue a correction. Not only has the NTIA failed to do so to this day, our well documented complaints were not even acknowledged. If her FCC nomination is to go forward, we believe that Ms. Baker first must acknowledge and correct this egregious error that occurred while she was in charge at NTIA. David Sumner, K1ZZ Chief Executive Officer, ARRL <<Baker NTIA.doc>> <<Networked Nation critique Rev 1.doc>> <<Baker NTIA1.doc>> <<NTIA Source Disavows Figure.doc>> <<qs0804.pdf>>