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To: E. Davies who wrote (15152)	9/7/1999 6:36:00 AM
From: Sleeper	Read Replies (1) \| Respond to of 29970

As I understand it winning the appeal (which everyone expects) will only make the case go back to the same judge so this time he will be forced to hold a trial on the issue of Portlands right to force open access. Yes and no, Eric. If the Appeals Court accepts the FCC's position that non regulation is the Federal government's policy concerning BB at this time, Judge Panner will be hard pressed to allow Portland the right to demand "forced access". It is entirely possible under those circumstances that Portland would drop their demands and not take the issue to a repeat hearing. Thus, the Appeals Court has the potential to put the entire issue to rest in a most expedient manner. The question is: will they do so? Stay tuned. Sleeper