Tom et al, The thought that we may be able to join forces with others in some way to try to hold the Commission's collective feet to the fire they started sounds like a good tactic provided we don't become associated with forces that could do more damage to us than to the Commission. Frankly, I'm a little concerned over being saddled with Barbara B. (this is not because of any difference I may or may not have with her party affiliation). I also like Tom's suggestion of recording our vote somehow. If we are all together on this at this time, would it be appropriate to have the Board Secretary to conduct a more formalized vote by E-mail or by US Mail and recording the results of this vote? The purpose would be to show a clear-cut expression of support of the appeal by the Directors. There will definitely be some among as well as outside our membership who will second guess the appeal action which means among other things that we do not want to appear to have somehow "slid" into the action informally. Jim Jim Weaver, K8JE, Director Great Lakes Division, ARRL 5065 Bethany Rd., Mason, OH 45040 Tel. 513-459-0142; E-mail k8je@arrl.org ARRL, the Reason Amateur Radio is! Members, the Reason ARRL is! -----Original Message----- From: Tom Frenaye [mailto:frenaye@pcnet.com] Sent: Friday, September 15, 2006 6:33 PM To: arrl-odv Subject: [arrl-odv:14518] Re: Appeal Thanks to Joel and Chris for following up on my message on Tuesday regarding the BPL/FCC appeal. Joel said:

Gee, Tom, your opinion sure seems to have changed since I had a conversation with you and Frank Fallon at Boxboro.

Yes, when we talked I hadn't seen any details. The decision to support the recommendation, or not, takes more than a hallway conversation.

If you want a formal written motion beyond what has already been given to you in writing I will be happy to draft one, and will go back and get a formal EC motion in place beyond what we already have documented.

I'd suggest that we reaffirm the vote by a note in the minutes of the next EC or Board meeting for two reasons - it opens the door to some substantial expenses this year (and next), and we need to document it in our Board record of policy decisions. Chris' detailed information was very helpful.

Finally, the alternative of mandamus is not a good substitute for an appeal of the R&O and MO&O, though it might be a good additional strategy. We can do those if the right factual situation comes up.

I was wondering if that might be included as an related activity to a Court of Appeals lawsuit - using the same outside counsel. It sounds like it'd be worth it if we have the necessary documentation.

What is our best argument in the Court appeal? In my view, it is that which is outlined in the memo attached to my response to Dick Norton's e-mail, updated with the FCC's rather glaring attack on licensed services complaining about interference to mobile operations. If we could get APCO or another public safety entity to intervene on our behalf, that would sweeten the case considerably.

The $64,000 question in several ways... I sure hope we can get some additional help - interveners or financial support. I was pleased to see this Associated Press article about the FCC today. Here's a link: http://www.washingtonpost.com/wp-dyn/content/article/2006/09/14/AR200 6091400905.html Looks like the shenanigans and sleazy activity within the FCC may be more widespread than we realize. Maybe we should be talking to the lawyers involved in the case described in the article - a successful one against the FCC in 2004. Approaching Senator Boxer might be useful also. So, count me as a supporter of an appeal of the FCC's action on BPL. -- 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