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[TowerTalk] Court Remands the BPL Decision to the FCC

To: towertalk@contesting.com
Subject: [TowerTalk] Court Remands the BPL Decision to the FCC
From: <donovanf@starpower.net>
Date: Fri, 25 Apr 2008 15:17:18 -0400 (EDT)
List-post: <towertalk@contesting.com">mailto:towertalk@contesting.com>
See:  

http://www.arrl.org

Court Finds FCC Violated Administrative Procedure Act in BPL Decision (Apr 25, 
2008) -- 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.

http://pacer.cadc.uscourts.gov/common/opinions/200804/06-1343-1112979.pdf

The Court said, "We grant the [ARRL's] petition in part and remand the rule to 
the Commission. 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."
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