Rick, Bob, Art et al,

I finally got around to reading the Report and Order, and agree that FCC is out to lunch.

In footnote 169, they say that orbital debris matters have already been addressed in Docket 02-54, and are therefore moot. The footnote also goes on to state that a recon petition (ours) is pending in 02-54.

However, the revised regulation language includes all of the orbital debris garbage (pun intended) they adopted in 02-54, which would thus become effective 30 days after publication in the Federal Register unless FCC takes the same "escape hatch" that they did in 02-54, where the actual Fed Reg notice excludes Sec. 97.207.

My suggestion, then, is that someone (Perry, Art, Paul Rinaldo??) call FCC and ask them if, in view of the recon pending in 02-54, they plan a similar exclusion in the Fed Reg notice of this Report & Order. If so, then we need not do anything until action is taken on our recon petition, whenever that is. If not, then we should file a recon petition in 04-140 that mentions the footnote, and incorporates by reference our earlier recon petition and the associated Reply to Oppositions. Such a new petition could also include new material as suggested by Art.

When thinking about this, please bear in mind that the purpose of a recon petition is not to persuade FCC to change its mind. That won't happen: their mind is already made up and don't try to confuse them with the facts. Rather, its purpose is to lay the groundwork for a possible future challenge in court (as ARRL is now doing in the BPL matter), since you cannot raise in court any issue that was not before FCC when it made the decision you are challenging.

Hope this helps.

73,

Ray