I concur in Chris’s conclusion that further legal challenges on our part would be pointless. This appears to me to be a case of losing the battles at the FCC but winning the war by attrition.
Dave K1ZZ
From: arrl-odv-bounces@reflector.arrl.org [mailto:arrl-odv-bounces@reflector.arrl.org] On Behalf Of Chris Imlay
Sent: Wednesday, April 17, 2013 1:49 PM
To: Frenaye, Tom (Dir, NE); arrl-odv
Cc: Hare, Ed W1RFI
Subject: [arrl-odv:21673] Re: FCC Denies ARRL BPL Reconsideration Petition
It is noteworthy that the 2nd MO&O was very carefully drafted, with the clear intent of depriving us of an argument to take back to the Court of Appeals. At this point, we would have to argue to the Court that FCC didn't address some of our arguments. They misstated virtually all of them, and they sidestepped most, but they marched through our pleading and very specifically noted that they had previously addressed all of our arguments and that we brought "nothing new" to the table on reconsideration on any of them. That isn't true, but they are entitled to be wrong in their conclusions. They just have to address all of the issues raised. In this respect, the order is very different in form and approach from the norm in docket proceedings. They did not want us to be able to go back to the Court of Appeals on this case. Having read it over a few times, I think unfortunately that they have made it very difficult indeed to appeal this issue any further.
And Tom, it is not just more technical expertise and fewer lawyers at FCC that is needed (as near and dear to me as that legislative effort is); it is technical experts who: (1) are listened to by the decisionmakers before the decisionmaking occurs, and (2) have some modicum of professional integrity.
Our principal antagonist at FCC on BPL, and one of the principal authors of the Orders in this case (including this one), is an extra class ham, KB3LVE. I think he is an ARRL member as well.
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: Tom Frenaye <frenaye@pcnet.com>
To: arrl-odv <arrl-odv@arrl.org>
Sent: Wed, Apr 17, 2013 12:06 pm
Subject: [arrl-odv:21670] Re: FCC Denies ARRL BPL Reconsideration Petition
At 11:55 AM 4/17/2013, Sumner, Dave, K1ZZ wrote:>It comes as no surprise but as something of a disappointment that in the attached document the FCC has denied in all respects our December 20, 2011 petition for reconsideration of certain of its BPL decisions. George Carlin's seven famous words (and a few others) come to mind. Maybe we can use this FCC response as an example in our follow up with Congress about obstacles to Amateur Radio, and to urge Congress to authorize some additional technical expertise in the FCC instead of lawyers. Tom =====e-mail: k1ki@arrl.org ARRL New England Division Director http://www.arrl.org/Tom Frenaye, K1KI, P O Box J, West Suffield CT 06093 Phone: 860-668-5444 _______________________________________________arrl-odv mailing listarrl-odv@reflector.arrl.orghttp://reflector.arrl.org/mailman/listinfo/arrl-odv