ARRL CEO David Sumner, K1ZZ.
ARRL CEO David Sumner, K1ZZ. |
NEWINGTON, CT, Mar 4, 2005--More than a dozen petitions for reconsideration have been filed in the wake of the FCC's October 14, 2004, Report and Order (R&O) adopting new Part 15 rules governing broadband over power line (BPL) deployment. They include the ARRL's Petition for Reconsideration, filed February 7. The FCC said this week that interested parties may file opposition comments ("oppositions") to the petitions within 15 days of the date of public notice of the petitions in the Federal Register, which has not yet occurred. Replies to oppositions must be filed within 10 days after the time for filing oppositions has expired. ARRL CEO David Sumner, K1ZZ, has expressed little confidence that the FCC will make any substantive rule changes in response to any arguments put forth in the petitions for reconsideration. In a March 1 interview with Marc Strassman of Broadband over Power Line World (BPLW), Sumner predicted that the BPL proceeding ultimately will wind up in court.
"Realistically, do we expect dramatic changes in the Commission's rules as a result of the reconsideration petitions?" Sumner asked in concluding the interview. "Probably not. So we're probably looking to the Court of Appeals before all the dust settles."
In the interview with Strassman, Sumner discussed the
League's Petition for Reconsideration, which calls on the FCC to "reconsider,
rescind and restudy" its unanimous adoption of the new Part 15 BPL rules last
October.
 Pole-mounted Mitsubishi BPL equipment in Arizona. |
Strassman also interviewed Associate Counsel Brett Kilbourne of the United Power Line Council (UPLC), an organization promoting BPL development that also filed a reconsideration petition. Among other things, Kilbourne conceded to BPLW that Amateur Radio complaints and concerns raised about RFI from BPL could hinder BPL rollouts.
"Yeah, my concern is that you're going to have--whenever there's a deployment--people complaining automatically," Kilbourne said. "To the extent that does happen, that's going to discourage folks from getting into this space, I think."
In its reconsideration petition, the UPLC calls on the FCC to not require 30-day advance notice of BPL operations. It also wants the FCC to extend the 18-month transition period that applies to marketing or installation of equipment.
The various petitions for reconsideration came from BPL
industry groups and proponents as well as from the League and other
organizations and individuals concerned about BPL's interference potential. All
petitions for reconsideration filed in the two BPL-related proceedings--ET
Docket 03-104 and ET Docket 04-37--are available for viewing via the FCC's
Electronic Comment Filing System (ECFS).
Once the filing window opens, those wishing to file oppositions to specific
petitions may use the ECFS to do so, but comments supporting one petition or
another are not welcome, ARRL General Counsel Chris Imlay, W3KD, points out.
 Some equipment in the Cinergy commercial BPL rollout in the Cincinnati area. |
"Individual radio amateurs are welcome to file oppositions on any petition with which they have specific issues," he said, adding that commenters should support their points with facts and statements. "All statements should be specific to one or more arguments in a reconsideration petition with which the person filing an opposition disagrees," Imlay explained. "They should not simply say, 'I oppose this petition.'"
Among other reconsideration petitions were those filed on behalf of BPL manufacturers Amperion and Current Technologies; Donald G. Everist, a professional engineer; the National Antenna Consortium; Aeronautical Radio Inc; the American Petroleum Institute; the Association for Maximum Service Television; G. Scott Davis, N3FJP; W. Lee McVey, W6EM, a professional engineer; Steven E. Matda, KE4MOB, and Cortland E. Richmond, KA5S.
Imlay says the ARRL is reviewing all petitions for
reconsideration filed in the BPL proceedings to see if any oppositions from the
League will be required.
 Previous: ARRL National Convention in Dayton to Feature Forums, Faces |  Next: Surfin': Spotting Extreme Weather |