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1 edit | ARRL has a big legal obstacle to hurdle The ARRL has an uphill battle here in the courtroom. Government regulatory agencies like the EPA, FAA, FCC, SEC, etc are presumed to be the experts and to overcome that presumption the groups suing them have to present overwhelming evidence that the regulatory agency has exceeded their mandate or have made egregious errors. If the evidence presented is inconclusive or conflicting the judge won't substitute his own opinion over that of the government agency.
The ARRL could very well still win, but the odds are probably much less than 50%.
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| said by fAcEtIOUs:The ARRL has an uphill battle here in the courtroom. Government regulatory agencies like the EPA, FAA, FCC, SEC, etc are presumed to be the experts and to overcome that presumption the groups suing them have to present overwhelming evidence that the regulatory agency has exceeded their mandate or have made egregious errors. If the evidence presented is inconclusive or conflicting the judge won't substitute his own opinion over that of the government agency. The ARRL could very well still win, but the odds are probably much less than 50%. I think their chances are better since even the GAO slammed the FCC over BPL and how the FCC favored lobbyist over the public in its decision.
quote:
The report calls this discrepancy an "imbalance of information" and says that it "runs contrary to the principles of transparency and equal opportunity." The report also found some issues with how the commission handles confidential information.
»www.wirelessweek.com/article.aspx?id=153874
Yeah, I think a judge will be asking the FCC a few questions about its methods. | |
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said by fAcEtIOUs:...Government regulatory agencies like the EPA, FAA, FCC, SEC, etc are presumed to be the experts .... hahahahahahahahaha - that's a good one!
that anyone or any agency of the current government could be "presumed to be the experts" is laughable. Remember, this is the group that wants to "drown the gov't in a bathtub".
and even if there are legitimate experts at the FCC, top management won't let the opinions or work of these people see the light of day.
in addition, anything that goes against big business is a non-starter, no matter how many gov't experts say so. The experts aren't in charge of the govt. | |
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