Bruce, I have commented separately to the effect that I think the most important reason for us to appeal is the FCC's attempt to set arbitrary limits on what a Part 15 device operator is required to do to correct harmful interference. To answer your question directly, everything I know points to Access BPL failing as a method of delivering broadband services to consumers generally. How long it will take for that to happen is anyone's guess. The two aspects that may see limited success are: 1. Use inside buildings. In some older buildings it may be economical to deliver broadband by fiber to the basement and then by internal power wiring to individual premises. 2. Use for power system management by utilities (which does not generate revenue but could save them money). I don't think the pendency of a court appeal by the ARRL is going to have any effect on potential investors in BPL. It might be different if we're joined by some other services such as broadcasters. Dave K1ZZ ________________________________ From: Shelley, Barry, N1VXY [mailto:bshelley@arrl.org] Sent: Mon 9/11/2006 3:52 PM To: arrl-odv Subject: [arrl-odv:14477] Re: DIRECTORS - YOUR ATTENTION REQUIRED 107771 - [arrl-odv:14463] Re: DIRECTORS - YOUR ATTENTION REQUIRED Point 3 of the memo to the EC discusses adding "yet another year of uncertainty" for the BPL promoters. My biggest hesitation in voting to spend the appeal money is: Will the flaws inherent in making BPL a viable marketplace broadband alternative FINALLY bring it down WITHOUT adding the time uncertainty of the appeal? Sure it would be great to duke this out in court (esp. if we win) but I suggest we not spend the money IF we have reasonable assurance BPL will fade in a somewhat timely fashion. Of course I realize reading the tea leaves accurately on that question are about as problematic as "will the FCC finally act on Morse and give our 2006 budget plan a chance of coming true" has been...... Nonetheless, I'd like to hear some as-of-today discussion of the chances BPL will wither and die on its own, within the framework of the above. Bruce