Chris,
Tnx for the explanation. Good to
know.
73,
Jim Weaver, K8JE,
Director
ARRL
E-mail: k8je@arrl.org; Tel.: 513-459-0142
ARRL -
The Reason Amateur Radio Is!
Members -
The Reason ARRL Is!
From: w3kd@aol.com
[mailto:w3kd@aol.com]
Sent: Friday, June 27, 2008 10:39
AM
To: arrl-odv
Cc: ehare@arrl.org
Subject: [arrl-odv:16887] BPL
Court Opinion Status
Ed Hare was
understandably confused recently because he was congratulated by Mitch Lazarus
for the BPL decision and told that the Court had issued its Mandate (which it
did on June 13), the import of which Ed didn't understand, and which Mitch
didn't explain to him.
In case you are asked, here is where the
The decision was released April 25, 2008.
FCC had 45 days from the entry of judgment (i.e. until June 9, 2008) to
file a Petition for Rehearing En Banc, asking the Court of Appeals, in effect,
to review the three-judge panel's decision. FCC did not do that (we did
not expect them to) so, the Court of Appeals is of the view that the
decision is final from their perspective. Once the Court of Appeals decision
is final, the Court issues its Mandate, meaning that the decision is binding on
the FCC and is no longer subject to appeal within the Court of Appeals.
HOWEVER, the Court's decision is not actually completely final,
because the FCC could, if it wanted to, file a Petition for
Certiorari to the United States Supreme Court on or before July 24, 2008
asking the Court to agree to hear the case. That is not expected, but it
is still possible.
Dave, Joel and I are meeting with OET on July 9, to discuss regulatory options
post-remand. That meeting would not likely have been scheduled unless the
FCC had already decided not to file a cert petition with the
Supreme Court. We will have more information for you about this matter
prior to the Board Meeting, but after the July 9 OET meeting.
73, Chris W3KD
Christopher D. Imlay
BOOTH, FRERET, IMLAY & TEPPER, P.C.
(301) 384-5525 telephone
(301) 384-6384 facsimile
W3KD@ARRL.ORG
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