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Ascocenda Vernon Kebodeaux is a bigeneric orchid hybrid resulting from the crossing of Ascocenda Tubtim Velvet with Vanda Charles Goodfellow. Pictured below is one that has a yellowish colour with a chartreuse section visible made by crossing the pod parent with V. Charles Goodfellow 'Yellow'.
The colour for Ascocenda Vernon Kebodeaux ranges from having off-white background with pink polka dots, pinkish-yellow-green background with pink spots, clear yellow-green background to white background with no spots; these background variations are usually marked with a chartreuse inner lateral sepal section (see here - JGL Agricultural). If you take a look at the last page of the Saint Augustine Orchid Society newsletter (Vol. 3 Issue 3) you will see a similarly yellow coloured Ascda. Vernon Kebodeaux (flowering from 3 nodes at the same time!) and a pink polka dot version from their website (photo 62-13).
It is interesting to note that the family name of the person that this orchid is named after is a strange one, of Spanish origin, Quevedo, then 'frenchified' by the Southerners to Quebedeaux, and then changed to Kebodeaux.
Ascocenda Vernon Kebodeaux - this photo was taken in 2009, in my very 'jungle-like' orchid shed growing under neglect for about two years (and it still flowers regularly!).
As a tropical orchid, this plant thrives in humid and warm conditions and is a prolific bloomer for a medium sized Ascocenda. For me, this plant does better under 60% light in moist humid condition (40% shade - leaves grow long and turn a dark green as it was growing in an orchid shade overgrown with giant sword ferns and covered with weeds from all sides!). The plant would produce inflorescence with big flowers from every node even though it was not fertilised for almost 2 years in my old place.
When I moved to a high rise dwelling, this plant had smaller flowers despite more frequent fertilisation (every other week). Furthermore, the leaves are shorted under high light exposure (due to both the light and also the drier conditions) and looked rather stunted. It however, still does flower from every internode! So if you want a relatively easy Ascocenda that can stand neglect and still make good of its presence, this is the one to get.
Ascda. Vernon Kebodeaux on 19 Nov 2011, on a sunny and breezy balcony.
The parents for Ascda. Vernon Kebodeaux are two quite 'well-known' orchids by their own right. Both Vanda Charles Goodfellow and Ascocenda Tubtim Velvet have many award winning clones.
Vanda Charles Goodfellow is quite variable, and some of the plants can have speckled petals, whilst others a plain. Some clones of V. Charles Goodfellow have very rounded (the petals and sepals appear to make a complete circle) but somewhat cupped feature e.g. V. Charles Goodfellow 'Lakeland'. If you look carefully at the lateral sepals of V. Charles Goodfellow (especially in the plain yellow form) it has a faint chartreuse tessellated markings on the inner half, a trait inherited from its Vanda (first Vanda, then Euanthe, now Vanda again...geez!) sanderiana 'ancestors'.
Ascocenda Tubtim Velvet too is a highly variable plant. You can even get a tetraploid (4n) version of this orchid. Most of them have a strong chartreuse inner lateral colouration, and typically the rest of the flower is white with faint pink tinge and some pinkish spots here and there. The inner, lateral sepal coloration is sometimes called a quarter (like marked with a chartreuse quarter) as the area corresponds to approximately a quarter of the whole bloom. Usually, this area also have highly visible tessellated markings. This tessellation and the quarter colouration on the inner, lateral sepals are the doings of V. sanderiana. Flowers are typically complete and flat, which is a good trait, though some poor clones can have petals that are small.
So the crossing of the two would give rise to multiple possible combinations. All are called Ascda. Vernon Kebodeaux (the rules of orchid crossing and naming - crosses with different forms/varieties are the same, reciprocal crosses are considered the same, selfed seedlings are also treated the same). Ascda. Vernon Kebodeaux was registered with the Royal Horticultural Society (RHS) International Orchid Register on 26 August, 1997 by R.F.Orchids.
A single bloom of Ascda. Vernon Kebodeaux showing the chartreuse coloured section that takes up about a quarter of the flower. If you look carefully, this quarter has stronger tessellated markings.
Below is the listing of the parents for Ascda. Vernon Kebodeaux. Note that this is NOT a family tree; once the grex has been described to the base (primary hybrid), it will not be repeated again for the female and male parent (caution, the list might make you crossed eyed!).
Ascda. Yip Sum Wah = V. Pukele x Ascocentrum curvifolium (s).
The yellow coloured Vanda ancestors of this cross derive their coloration mostly from V. dearei and also once from V. denisoniana. V. Ellen Noa, as one of the parents, is a 'weird' lemon-green yellow coloured flower painted with V. sanderiana purple-red spots and tessellations. One of the hybrids produced from this is V. Eisenhower, which looks like a flatter version and better toned version of V. Ellen Noa. It goes to show that the lemon yellow colour of V. dearei is very dominant (or at least co-dominantly displayed) in a cross.
Very cheerful colour that for sure brighten up your balcony.
Oh yes. This is one out of 3 orchids that I kept when I moved to my current place.

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It’s been almost seven months since the D.C. Circuit’s decision in ACA Int’l v. FCC, yet the definition of automatic telephone dialing system (ATDS) remains unclear. In the wake of ACA Int’l, courts consider three primary issues to determine whether a device qualifies as an ATDS. This blog addresses those issues in turn.
ACA Int’l invalidated the FCC’s interpretation that a device’s capacity includes its potential abilities (e.g., functionality that would become available by downloading additional software). In dicta, however, the court noted that “virtually any understanding of ‘capacity’…contemplates some future functioning state, along with some modifying act to bring that state about.” The court explained that the issue of capacity hinges less on labels such as “present” or “potential” and more on how much effort is required to turn the device into an ATDS.
The D.C. Circuit’s dicta was cause for concern because a “how much effort is required to turn the device into an ATDS” test is no clearer than the FCC’s “potential abilities” test. Since ACA Int’l, however, most courts have adopted something close to a “present capacity” test (looking only at the functions the device was capable of performing at the time of the call).
The totality of case law supports the argument that a device’s capacity is limited to the functions it is capable of performing at the time the call is made but not necessarily the functionality used to make the call (i.e., “present capacity” but not “actual use”).
Did ACA Int’l set aside all FCC guidance related to the definition of ATDS?
In April and May, we analyzed whether ACA Int’l set aside only the FCC’s 2015 Order or if it set aside all FCC interpretations related to the definition of ATDS, including its 2003 and 2008 predictive dialer rulings. Federal courts are split on this issue.
The Ninth Circuit (Marks v. Crunch San Diego, LLC), Northern District of Illinois (Pinkus v. Sirius XM Radio, Inc), Eastern District of Michigan (Keyes v. Ocwen Loan Servicing, LLC), Middle District of Florida (Gonzales v. Ocwen Loan Servicing), and Northern District of Georgia (Sessions v. Barclays Bank Del.) held that ACA Int’l invalidated all relevant FCC interpretations. The Third Circuit did not directly address this issue in Dominguez but its analysis supports the conclusion that the older FCC rulings are no longer valid.
By contrast, the Middle District of Tennessee (Ammons v. Ally Fin.), Southern District of Florida (Reyes v. BCA Fin. Servs.), and Northern District of Alabama (Swaney v. Regions Bank) held that the FCC’s prior orders remain valid and binding. According to those courts, a predictive dialer is an ATDS because it can dial telephone numbers without human intervention. Several district courts in the Ninth Circuit reached similar conclusions; however, the Marks decision means those opinions are no longer relevant.
Does the statutory definition of ATDS cover equipment that dials from a list?
Even if a court finds that the FCC’s ATDS rulings are no longer valid, it must determine whether the device used to make calls or send texts meets the statutory definition. Plaintiffs argue that a device is an ATDS if it can store and automatically dial telephone numbers. Defendants argue that a device is an ATDS only if it can generate random or sequential telephone numbers and then automatically dial those numbers. ACA Int’l did not address this issue. The court simply stated that the FCC cannot adopt both of these conflicting interpretations in the same order.
In the wake of ACA Int’l, courts are split on the functions a device must be capable of performing to be an ATDS. The Third Circuit’s Dominguez opinion contains little analysis but the court applied a random or sequential number generator test. Several district courts addressed the issue more directly and concluded, as did the Third Circuit, that a device is not an ATDS unless it can generate random or sequential telephone numbers. See Pinkus, Gonzales and Keyes, among others.
In Marks, the Ninth Circuit reached the opposite conclusion. The court held that the statutory definition is ambiguous; therefore, it looked to the structure and context of the TCPA to conclude that Congress intended to regulate all devices that make automatic calls. According to the court, the express consent and government debt collection exemptions don’t make sense if an ATDS is limited to devices that generate random or sequential numbers because the calls that qualify for those exemptions must be dialed from a list. It also noted that Congress amended the TCPA in 2015 yet did nothing to correct the then-current interpretation that an ATDS includes equipment that automatically dials numbers from a list. In the court’s opinion, Congress validated the existing interpretation when it failed to amend the statutory definition.
As previously discussed, the FCC plans to issue updated TCPA interpretations, including further guidance on what qualifies as an ATDS. It wasted little time before requesting additional comments on how, if at all, the Marks opinion should impact its analysis. In the meantime, callers should continue to take a conservative approach to calling and texting cell phones.

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text: 26 use for which compensation must be made.94 Indeed, "an owner of land adjacent to navigable waters, whose fast lands are left uninvaded, has no private riparian rights of access" for which the Government must compensate when destroying that access by an authorized change in the navigable waters.95 Similarly, riparian rights of access to navigable waters to do such things as fishing and boating cannot, as against federal control over commerce, be bought and sold.96 And because of the dominant federal "right to use the bed of the water for every purpose which is in aid of navigation," destruction of oyster beds resulting from a channel improvement is not compensable.97 Also, compensation will be denied for dam- age to a structure placed in the bed of a navigable water irrespective of its physical interference with navigation.98 A "taking" of property does not arise from a requirement for alteration of a bridge obstructing navigation.99 Even if the obstruction be created with the sanction of a state, the rule remains the same.100 Federal power to remove obstructions to commerce is "superior to that of the States to provide for the welfare or necessities of their inhabitants."101 Holding it "inconceivable" that the "running water in a great navigable stream is capable of private ownership," the "Gibson v. United States, 166 U. S. 269, 276 (1897). See also Scranton v. Wheeler, 179 U. S. 141,163-164 (1900); Stockton v. Baltimore & N. Y. R. Co., 32 Fed. 9, 20 (G. 0. D. N. J. 1887) ; HawJcins Point Light-House Case, 39 Fed. 77, 87-88 (G. C. D. Md. 1889). " United States v. Commodore Park, Inc., 324 U. S. 386, 391 (1945). The Court also pointed out that the United States has power to block navigation at one point in order to foster it at another. 324 U. S. at 394. Cf. United States v. River Rouge Co., 269 U. S. 411, 417-418 (1926). 96 324 U. S. at 391. " Lewis Blue Point Oyster Co. v. Briggs, 229 U. S. 82, 87 (1913). In this connection, it should be noted that Congress has recently provided that the Court of Claims shall have jurisdiction to determine claims for damages to oyster growers upon private or leased lands or bottoms, arising from dredging operations in making river and harbor improvements. Act of June 25,1948, § 1, 62 Stat. 941, 28 U. S. C. 1497. 88 United States v. Chicago, M., St. P. & P. R. Co., 312 U. S. 592, 599 (1941). "Hannibal Bridge Co. v. United States, 221 U. S. 194, 206-207 (1911). Cf. West Chicago Street R. R. Co. v. Chicago, 201 U. S. 506, 524 (1906). 100 Union Bridge Co. v. United States, 204 U. S. 364, 401 (1907). 161 Sanitary District v. United States, 266 XL S. 405, 426 (1925).

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