Court of Appeals: FCC Must Reimburse Fees Stemming from BPL Challenge:
from
The ARRL Letter, Vol 27, No 28
Website:
http://www.arrl.org/
on
July 18, 2008
View comments about this article!
Court of Appeals: FCC Must Reimburse Fees Stemming from BPL Challenge:
The United States Court of Appeals for the District of Columbia Circuit
has ordered that the Federal Communications Commission (FCC) reimburse
ARRL for the docketing fee and the cost of reproducing copies of briefs
and appendices in the ARRL's successful challenge of the FCC's broadband
over power line (BPL) rules
http://www.arrl.org/news/stories/2008/04/25/10064/.
The Order, issued on July 9 following review of an opposition from the
FCC and a reply from the ARRL, awarded the ARRL's full claim of
$6,096.18
http://www.arrl.org/tis/info/HTML/plc/appealCostAwardOrder2008jul09.pdf. Commenting on the Order, ARRL Chief Executive Officer David Sumner,
K1ZZ, observed: "While this is just a small fraction of the cost of our
judicial appeal, the Order is significant because the Court did not buy
the FCC's arguments that the ARRL had only achieved 'partial success' in
its appeal and that our claim of costs was excessive."
Sumner continued: "In addition, the FCC falsely claimed that the ARRL
'was unsuccessful in persuading the Court to vacate the rules it
challenged.' In fact, the ARRL never sought to do so since the BPL rules
adopted by the FCC, inadequate as they are, were still better than
nothing. The award of these fees affirms that, contrary to the 'spin'
the FCC has tried to put on the Court's remand, the ARRL substantially
prevailed in its appeal."
====================
One of the most important activities that ARRL engages on behalf of its
members is representation in Washington. Generous member contributions
to The ARRL Spectrum Defense Fund support a full menu of activities that
help protect our Amateur Radio spectrum, including important meetings in
Washington. Your contribution by mail, phone or on the Web is vital
http://www.arrl.org/defense.
Source:
The ARRL Letter
Vol. 27, No. 28
July 18, 2008
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Court of Appeals: FCC Must Reimburse Fees Stemming
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by K4RAF on July 19, 2008
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Mail this to a friend!
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Follow that $6,096.18... It should either go back to the donors or toward the activity it was solicited for, not for a K1ZZ ego booster to general fund.
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RE: Court of Appeals: FCC Must Reimburse Fees Stem
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by W6WBJ on July 19, 2008
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The FCC is really a rotten organization which, as the ARRL discovered, is willing to distort the law, and cite incorrect law before the courts, in order to try to beat down licensees.
The Enforcement Bureau has deliberately mis-stated the law on numerous occasions in my enfarcement case. They're nothing but a bunch of liars.
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RE: Court of Appeals: FCC Must Reimburse Fees Stem
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by STRAIGHTKEY on July 20, 2008
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"Follow that $6,096.18... It should either go back to the donors or toward the activity it was solicited for, not for a K1ZZ ego booster to general fund."
How much did you donate? Let me guess: $0? How much have you paid in ARRL dues? $0. How much say do you have in the matter? Zero.
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RE: Another ARRL Publicity Stunt.
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by W6EM on July 20, 2008
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StraigtKey (ARRL Staffer?) says: "How much did you donate? Let me guess: $0? How much have you paid in ARRL dues? $0. How much say do you have in the matter? Zero.
Well, I didn't donate and I'm a dues (er, make that magazine subscription) paying member and I say he has a valid point....
"Follow that $6,096.18... It should either go back to the donors or toward the activity it was solicited for, not for a K1ZZ ego booster to general fund."
Actually, what about the gazillions in attorney fees expended by the League? This is nothing but, as is noted, an ego booster. Mere chump change.
If the court had acted as it should, ALL attorney fees expended by all those filing and prosecuting the appeal should have been paid by the FCC.
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RE: Another ARRL Publicity Stunt.
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by KE4MOB on July 20, 2008
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Revisionist history attempt:
"In addition, the FCC falsely claimed that the ARRL 'was unsuccessful in persuading the Court to vacate the rules it challenged.' In fact, the ARRL never sought to do so since the BPL rules adopted by the FCC, inadequate as they are, were still better than nothing."
So...the ARRL is claiming it never sought to have the rules vacated????
You've got to be kidding.
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RE: Another ARRL Publicity Stunt.
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by STRAIGHTKEY on July 21, 2008
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W6EM (mistaken) says:
"StraigtKey (ARRL Staffer?) says: "How much did you donate? Let me guess: $0? How much have you paid in ARRL dues? $0. How much say do you have in the matter? Zero.
Well, I didn't donate and I'm a dues (er, make that magazine subscription) paying member and I say he has a valid point...."
The funds should go back to whatever bucket they came out of. If it came out of the spectrum defense fund, it should go back into there. If it came out of the ARRL operating expenditures budget, it should go back into there. This is simple Accounting 101. I'm not sure what his point is. The money was going towards the activity it was solicited for in either case. It would be silly to send the money back to the donors. They donated the money for just such events and it can be used again now that it's coming back.
""Follow that $6,096.18... It should either go back to the donors or toward the activity it was solicited for, not for a K1ZZ ego booster to general fund."
Actually, what about the gazillions in attorney fees expended by the League? This is nothing but, as is noted, an ego booster. Mere chump change."
It's $6K and whatever the amount it is noteworthy. The optimists among us will see it as $6K ARRL didn't have last week. The pessimists and those with an agenda against ARRL or those who have taken up complaining as a replacement hobby for amateur radio will spin it as something negative, as usual. Even if ARRL got all legal fees back, you can be sure someone would find something to complain about. If ARRL has a small win, the haters say it's publicity stunt or ego booster. If the ARRL has a loss, the haters celebrate the league being morons. The league can't win with these people, but it doesn't matter because these people don't represent the majority of amateur radio.
"If the court had acted as it should, ALL attorney fees expended by all those filing and prosecuting the appeal should have been paid by the FCC."
If the FCC has acted as it should, none of this should have happened in the first place. But they didn't. And the court should have awarded legal costs, but they didn't. Legal actions cost money, even when you're in the right. That's life.
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Court of Appeals: FCC Must Reimburse Fees Stemming
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by K3RMX on July 21, 2008
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This really no big deal, given that the appeals court found in ARRL's favor, and remanded the question back to the FCC. The $6k is known as "court costs," that is, the cost to file the appeal and the cost to produce its briefs, which is virtually always awarded to the winner of the appeal.
Steve, k3rmx and lawyer
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