Post by va3css on Apr 28, 2008 10:17:46 GMT -5
ARRL.org
The best part is how the courts agreed with the ARRL about how the FCC simply dismissed emperical data - data that they themselves asked for!
Court Finds FCC Violated Administrative Procedure Act in BPL Decision
The US Court of Appeals for the District of Columbia Circuit today released its decision on the ARRL's Petition for Review of the FCC's Orders adopting rules governing broadband over power line (BPL) systems. The Court agreed with the ARRL on two major points and remanded the rules to the Commission. Writing for the three-judge panel of Circuit Judges Rogers, Tatel and Kavanaugh, Judge Rogers summarized: "The Commission failed to satisfy the notice and comment requirements of the Administrative Procedure Act ('APA') by redacting studies on which it relied in promulgating the rule and failed to provide a reasoned explanation for its choice of the extrapolation factor for measuring Access BPL emissions."
The Court agreed with the ARRL that the FCC had failed to comply with the APA by not fully disclosing for public comment the staff studies on which it relied. The Court also agreed with the ARRL that the Commission erred in not providing a reasoned justification for its choice of an extrapolation factor of 40 dB per decade for Access BPL systems and in offering "no reasoned explanation for its dismissal of empirical data that was submitted at its invitation." The Court was not persuaded by the ARRL's arguments on two other points, on which it found that the Commission had acted within its discretion.
The US Court of Appeals for the District of Columbia Circuit today released its decision on the ARRL's Petition for Review of the FCC's Orders adopting rules governing broadband over power line (BPL) systems. The Court agreed with the ARRL on two major points and remanded the rules to the Commission. Writing for the three-judge panel of Circuit Judges Rogers, Tatel and Kavanaugh, Judge Rogers summarized: "The Commission failed to satisfy the notice and comment requirements of the Administrative Procedure Act ('APA') by redacting studies on which it relied in promulgating the rule and failed to provide a reasoned explanation for its choice of the extrapolation factor for measuring Access BPL emissions."
The Court agreed with the ARRL that the FCC had failed to comply with the APA by not fully disclosing for public comment the staff studies on which it relied. The Court also agreed with the ARRL that the Commission erred in not providing a reasoned justification for its choice of an extrapolation factor of 40 dB per decade for Access BPL systems and in offering "no reasoned explanation for its dismissal of empirical data that was submitted at its invitation." The Court was not persuaded by the ARRL's arguments on two other points, on which it found that the Commission had acted within its discretion.
The best part is how the courts agreed with the ARRL about how the FCC simply dismissed emperical data - data that they themselves asked for!
