Nice work. This may seem obvious, but the mobile (or portable)
stations that might be interfered with could be the very stations
deployed in an emergency to an area where a spectrum-polluting BPL is
operating. I know they will say that the system can be shut down in
those situations, but won't the cable operator claim that they have an
obligation to disseminate news and other information to their customers
during the emergency, thus claiming that they cannot simply shut down
(assuming emergencies where commercial power is still available in the
area)? The FCC has set a horribly dangerous precedence
here.
-- Andy Oppel, N6AJO
At 12:10 PM 7/17/2007, w3kd@aol.com wrote:
Greetings. Here is the
Intervenors' joint brief (i.e. the intervenors on the side of the FCC).
It was obviously written by our worthy nemesis, Mitch Lazarus, now with
Fletcher, Heald & Hildreth, formerly with WilmerHale. The rest of the
lawyers on the list likely just signed off on Mitch's work-product.
Mitch has walked into something of a trap, however. A main argument is an
attempt to justify the lack of protection for mobiles and the distinction
between that and the confirmed obligation to protect fixed stations from
BPL interference. I had a long conversation with the WilmerHale lawyers
today about the lack of any distinction between modern Amateur fixed and
mobile stations. Is an "itinerant" Amateur station (e.g. a
Field Day station) mobile or fixed? Is my TS-50S in my SUV with a whip on
the trailer hitch a mobile station if it is parked in my driveway?
Suppose I put up a tower trailer behind my SUV in a parking lot? The
distinction for this purpose between mobile and fixed installations is
meaningless, and WilmerHale is going to exploit that in our reply brief,
due July 31.
All comments are welcome, and I will forward any with mine to Jon Frankel
and Dileep Srihari at WilmerHale shortly after the Board meeting.
73, Chris W3KD
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Andy Oppel
andy@andyoppel.com
andy_oppel@alamedanet.net