On July 17, the FCC issued a Request for Further Comment and Further Notice of Proposed Rulemaking (FNPRM), addressing the issues remanded to them by the US Court of Appeals. In October 2007, the ARRL took the Commission to court concerning the Commission's Orders adopting rules governing broadband over power line (BPL) systems. In April 2008, 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."
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