join able the mobile device to gain access to the communications network it doesn't cover anything that happens on a communications network whether much after the mission to access the match has been this includes is limited judicial permission and that it might include the ability to transmit messages over the network at any time right what's wrong with that i mean there is no limitation because when you walk through that flow charts which track the limitations of the client the flow charts do not cover what may happen after grant of a right of access and  going and looking at the numbers in the claims and back to the figures the transmission is from the health communications channel now work to the subscriber station which means under figure one other or there is no you can go one and then the other but it allows the core of volume control to be put on network congestion which isn't available in the column nine sat as that actual program point to eighty five on the basis of access channel bets so here's what you're doing the evaluation  operates pre access and access but it also says at seven point one point two point one once you gain access and you can only gain a baseline access  this is not anything that we have covered because we never get to the point where you need packet i meet you we're already green it actually can work when it comes to access because the cell phone does know how the transmit anything until it makes a determination that it has a right of access it has to do that on its own how  automatically try to get it's going to have to do some routine again just the that has permission every time that the phone transmits on a shared common resource it has to make its germination am i allowed to do this and that was where they say you know for further relief we could talk about having repetition how our or we could have some scheduling type of thing why because when the phone tries to transit it might not go through it might not go through  was overloaded it might not go through because he was in a garage and this and this and that signal never made it phone doesn't know why the phone all the phone knows his suit i never got any response i'm going to have to make a determination as to whether i has permission to access the channel had attempt to transmit and then in their reply brief they say and this is a page twenty two properly construed right of access means a determination nothing in here it guarantees that you're going to prevent access from happening if fact it's quite the opposite what the package shelling is you try to get access by checking your class whether you're one of the control if you look at the standard and i direct your attention to a forty three forty there's no such thing as persistence control at eight forty three forty three  the page seven point one point two point one point one this is the standard and it says access persistence control on p rash this is access control on the random access channel it's the very thing argues that the access persists control is not about access it's just about scheduling and that's not access because you already had access yeah you have access but then you lost it because you tried it transmission it failed and said now request and we're going to boost the power within the cell phone number that was raised before the board and this issue about whether what this is teaching constitutes access really should be reviewed first actual evidence th access persistence control which is what they say the standard it's not different just because the words are different it's what's done it's the exact same i think that's on if the air parties reason i just want to read it this is it eight they took a different position they said based on the plain meaning of that language that asking depends on information included in the axis class data it depends on what was what was provided line six but even under the broadest reasonable interpretation because we are specifically limited to at least the second body before each accessed by and finally i