Phil,

As an expert in dealing with the FCC, what is your recommendation on
the issues to bring to the FCC's attention? And how should our
comments be phrased?

Is preventing reception of shortwave broadcasts a first amendment
issue?

Thanks


"Phil Kane" wrote in message t.net...
On 9 Jul 2003 06:07:34 -0700, Brian Kelly wrote:

Question for Phil: At what point can opponents of BPL take it out of
the hands of the FCC and into the Federal courts?

After the FCC hands down a ruling and the appellants can show that
the ruling will cause them harm.

The appellants must petition for reconsideration, and then take it
to the U S Court of Appeals for the District of Columbia, but they
will have to show that the Commission did something that was against
public policy or in violation of the Administrative Procedure Act.

If we lose there, we always have the option of petitioning the
Supreme Court of the United States to take the case, but because it
does not involve Contitutional or other high-profile issues, the
chances of them doing so are slim IMNSHO.

The biggest hurdle would be that the appellate courts are loath to
overturn an agency ruling based on facts within the agency's
expertise as long as there was an opportunity for public comment
(there was), there is a record in the proceedings (there is) and the
Commission's order makes reference to the record (I'm sure that it
will, especially to the stuff submitted by the internet and power
utility interests).

The last time that the League tried this route was when 220-222 MHz
was yanked away. We all know how that turned out.

The other way to fight this crap is via The Congress, as if they
know what the dickens it is all about other than "universal cheap
internet".