Greetings. After some drama this week, we have filed with the Court of Appeals today the attached Motion to Withdraw our Petition for Writ of Mandamus. Dave Sumner wisely stood fast in response to FCC's telephonic?request that we withdraw the?petition earlier in the week (based on the?issuance of the Further NPRM by FCC last Friday night late). The reason was that the newly released information that FCC released for the first time?last Friday was?released in an 870-megabyte zip file, which for those with?reasonably fast DSL took the better part?of two hours to download.? Dave had me call the FCC attorney and tell him that the FCC's means of releasing the data was not?a reasonable means of soliciting public comment on the new material. We weren't worried?about OUR ability to download the information, but the opportunity of those hams with perhaps slower internet connections (which in some cases could take many hours to download).?So, we weren't going to withdraw the Mandamus petition. FCC had a response due at the Court on August 3. There followed?a short?standoff, after which the FCC blinked first (because they didn't want us to drag them back to the Court and tell the Court that FCC was still trying to deep-six data that?they should have released long before. So, FCC called and said that they intended to?make the files available individually. Some are still rather large, but the most incriminating ones are powerpoints, and they are available on an FCC web site individually, and thus more accessible to those with slow internet connections.? Having done that, we agreed to withdraw the Mandamus Petition, because it is now in all respects moot.? It now remains to prepare extensive comments on the newly released documents (which clearly opens up the entire BPL proceeding again, as it draws into substantial question the propriety of the Part 15 radiated emission standard that is applied to BPL) and as well the previously released unredacted documents.?Finally, FCC?has somewhat sheepishly proposed a 30 dB/decade signal decay extrapolation factor instead of the 40 dB that they claim they?justified, but really didn't.? For some very entertaining reading, look at the 2003 powerpoint presentations that Steve Martin, an FCC engineer with a high degree of personal integrity, prepared and which, until now, FCC?buried. It shows that the FCC drew conclusions that they knew?were false in the BPL?report and order and the memorandum opinion and?order on reconsideration.? A good weekend to all. 73, Chris W3KD ?? 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