ARRL v. FCC; Brief of Intervenors on FCC's side

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 ________________________________________________________________________ AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com.
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w3kd@aol.com