ARRL's CEO says BPL court appeal 'probable'

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 February 7 Petition for Reconsideration. 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 his interview with Strassman, Sumner discussed the League's petition, which calls on the FCC to "reconsider, rescind and restudy" its unanimous adoption of the new Part 15 BPL rules last October.

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 phase, I would 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 03-104and ET Docket 04-37--are available for viewing via the FCC's Electronic Comment Filing System (ECFS).

Interested parties must file opposition comments ("oppositions") to the petitions by March 23, which is 15 days of the March 8 public notice of the petitions in the Federal Register. A 10-day period to file replies to
oppositions follows. 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.

"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.

Source: ARRL Letter - courtesy of The American Radio Relay League

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