Court Finds FCC Violated Administrative Procedure Act in BPL Decision

摘要

On April 25, the US Court of Appeals for the District of Columbia Circuit released its decision on the ARRL's Petition for Review of the FCC's Orders adopting rules governing broadband over power line (BPL) systems. The Court agreed with the ARRL on two major points and remanded the rules to the Commission. Writing for the three-judge panel of Circuit Judges Rogers, Tatel and Kavanaugh, Judge Rogers summarized: "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."