[TowerTalk] Court Remands the BPL Decision to the FCC

[donovanf at starpower.net]

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."