said by TK Junk Mail
:ARRL won on 2 items:
- that the FCC should not have refused to provide some FCC studies that said BPL could cause serious interference.
- that the FCC didn't provide a justification for a technical interference criteria it used.
But the FCC won on what I think is a big item:
- the right to allow unlicensed devices to interfere with licensed spectrum. The ARRL wants the FCC to shut down any BPL systems that cause interference. The court said the FCC doesn't have to do that.
So, who really wins here? The FCC didn't follow some procedures it should have. So now all they have to do is cross some T's and dot some I's and they have followed the court ruling. But they still have the right to ignore BPL interference as long as they follow the correct procedures on hearings and notifications.
The ARRL won on 2 points, but lost on 2 points of their complaint: Here is the actual ruling:
»
pacer.cadc.uscourts.gov/common/o···2979.pdfAnd here is the key part of the ARRL complaint that the ARRL lost and isn't talking about:
First, without acknowledging it, the Commission abrogated seventy years of precedent by invoking section 302 of the Act to authorize the operation of unlicensed devices that could interfere with licensed devices, and by no longer requiring them to cease operation if they actually cause
harmful interference.
Based upon the fact that the FCC seems hell bent on CAUSING interference to licensed services, as opposed to MINIMIZING it (which IS their reason for being in existance, after all), I think we ALL should start pirate radio stations that interfere with licensed ones!