I have not had an opportunity to check these conclusions with any of our attorneys, but for what it's worth the decision looks to me to be a big win. The biggest win is this: "On remand, the Commission shall either provide a reasoned justification for retaining an extrapolation factor of 40 dB per decade for Access BPL systems sufficient to indicate that it has grappled with the 2005 studies, or adopt another factor and provide a reasoned explanation for it." This is precisely the part that the BPL industry has been concerned about. The second remand, based on the FCC's violation of the Administrative Procedure Act, is also very important. In my layman's opinion you may expect to see "ARRL v. FCC" cited in future cases involving the APA. It's slightly disappointing that we weren't able to persuade the Court that the FCC's determination of a 20 dB notch depth as being adequate to protect mobile stations was insufficient, but this is less important because of the decision on the extrapolation factor. Dave ________________________________ From: Sumner, Dave, K1ZZ [mailto:dsumner@arrl.org] Sent: Friday, April 25, 2008 10:53 AM To: arrl-odv Subject: [arrl-odv:16683] Court of Appeals decision Just started reading it. Dave <<06-1343-1112979.pdf>>