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