Chris is en route to the Cayman Islands today, so let me take a stab at responding.
 
If there is no response -- and frankly, I don't expect one other than for them to "correct" the letter so as to include the W1CRO complaint in the dismissal -- then the next step is to file a Freedom of Information Act request seeking the test results and any FCC memos relating to the Commission's tests.
 
In parallel we're working with the local amateurs to determine the extent of the continuing interference (it's better than it was, but certainly not eliminated). We want to get video/audio showing that there continues to be interference that any reasonable person would regard as harmful and unacceptable, which we will then make available as widely as possible (including on the Hill) to show that the FCC's rules and enforcement are inadequate.
 
We're also continuing to look for instances of interference to fixed stations in the City of Manassas. It always has been our Achilles' Heel that we have been unable to get any of the 20 or so ARRL members or other amateurs who live in the City to file a complaint. Technicians getting HF privileges may help.
 
But in all candor, I don't see a criminal case arising from BPL interference in Manassas. That's outside the range of available remedies.
 
Dave K1ZZ
-----Original Message-----
From: Bob Vallio [mailto:rbvallio@gmail.com]
Sent: Friday, December 22, 2006 12:14 AM
To: arrl-odv
Cc: arrl-odv; Hare, Ed W1RFI
Subject: Fwd: Manassas Broadband Over Power Line Interference Complaints

Well done, Chris.  If the Commission does not respond to this filing, how long do we wait before pursuing criminal prosecution?  That question is neither rhetorical, nor intended to be humorous, as I'm sure you are well aware.

73, Bob


On 12/21/06, w3kd@aol.com <w3kd@aol.com> wrote:
 Greetings. I have just now sent the following, with the attachment, to the FCC Enforcement Bureau, copies, as indicated, to include all commissioners. This filing was edited by President Harrison, EVP Sumner, CTO Rinaldo, and Lab Supervisor Ed Hare. We have the cooperation of the hams in Manassas on this as well.
 
Let me konw any questions you have. I will be out of the office until the 29th of December, however.
 
Happy Holidays to all.
 
73, Chris W3KD
 
 
-----Original Message-----
From: w3kd@aol.com
To: Kris.Monteith@fcc.gov; Kathryn.Berthot@fcc.gov; Katherine.Power@fcc.gov; Riley.Hollingsworth@fcc.gov
Cc: K4GVT@comcast.net; n3oh@arrl.net; W4HJL@aol.com; W1CRO@TheHamShack.us; wc4j@arrl.net; da@agnew.us; dsumner@arrl.org; w5zn@arrl.org; Michael.Copps@fcc.gov; Kevin.Martin@fcc.gov; Jonathan.Adelstein@fcc.gov; Robert.Mcdowell@fcc.gov; Deborah.Tate@fcc.gov
Sent: Thu, 21 Dec 2006 12:27 PM
Subject: Manassas Broadband Over Power Line Interference Complaints

 Greetings. Attached, on behalf of ARRL, the National Association for Amateur Radio, and on behalf of numerous individual complainants in the City of Manassas, Virginia, is a PDF copy of a letter being filed today by courier, regarding the Enforcement Bureau's December 14, 2006 dismissal of several, but not all, of the long-pending interference complaints of harmful interference to Amateur Radio Service licensees caused by the Broadband over Power Line system in Manassas, Virginia.
 
Kindly direct any questions with respect to this to undersigned counsel.
 
Yours very truly,
 
Christopher D. Imlay
 
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