FCC ADOPTS MEMORANDUM OPINION AND ORDER ON BROADBAND OVER POWER LINES TO PROMOTE BROADBAND SERVICE TO ALL AMERICANS !!!

FCC ADOPTS MEMORANDUM OPINION AND ORDER ON BROADBAND OVER POWER LINES TO PROMOTE BROADBAND SERVICE TO ALL AMERICANS
August 3, 2006

Washington, DC - As part of its ongoing efforts to promote access to broadband services for all Americans and to encourage new facilities based broadband platforms, the Federal Communications Commission today generally affirmed its rules for Access Broadband over Power Line (Access BPL) systems while maintaining safeguards against harmful interference to existing radio services. If harmful interference does occur, the Commission will take appropriate action to remedy the situation. Today’s decision was adopted in response to a number of petitions for reconsideration of the BPL rules established in October of 2004.
In the Memorandum Opinion and Order (MO&O) adopted today, the Commission again acknowledged the significant benefits of Access BPL, reaffirmed its commitment to address interference issues, and reemphasized that the Part 15 rule changes were made to ensure that Access BPL operations do not become a source of interference to licensed radio services.

Specifically, the MO&O by the Commission:
- Affirms its rules regarding emission limits for BPL, including its determination that the reduction of emissions to 20 dB below the normal Part 15 emissions limits will constitute adequate interference protection for mobile operations;
- Denies the request by the amateur radio community to prohibit BPL operations pending further study and to exclude BPL from frequencies used for amateur radio operations;
- Denies the request by the television industry to exclude BPL from frequencies above 50 MHz;
- Affirms the July 7, 2006 deadline for requiring certification for any equipment manufactured, imported or installed on BPL systems, with the proviso that uncertified equipment already in inventory can be used for replacing defective units or to supplement equipment on existing systems for one year within areas already in operation;
- Affirms the requirement that information regarding BPL deployment must be provided in a public database at least 30 days prior to the deployment of that equipment;
- Adopts changes regarding protection of radio astronomy stations by requiring a new exclusion zone and amending consultation requirements for these stations; and
- Adopts changes to provide for continuing protection for aeronautical stations that are relocated.
- Denies the request by the aeronautical industry to exclude BPL operating on low-voltage lines from frequencies reserved for certain aeronautical operations;
- Denies the request by the gas and petroleum industry to be considered as public safety entities;

Action by the Commission, August 3, 2006, by Memorandum Opinion and Order (FCC 06-113). Chairman Martin, Commissioners Copps, Adelstein, Tate and McDowell. Separate statements issued by Chairman Martin, Commissioners Copps, Tate, and McDowell.

ET Docket No. 04-37 and 03-104.

Office of Engineering and Technology Contact: Bruce Romano (202) 418-2124; Anh Wride (202) 418-0577.


Please reference the FCC’s website at www.fcc.gov

STATEMENT OF
CHAIRMAN KEVIN J. MARTIN
Re: Amendment of Part 15 regarding new requirements and measurement guidelines for
Access Broadband over Power Line Systems; Carrier Current Systems, including
Broadband over Power Line Systems

In this item, we build upon our previous efforts to facilitate deployment of broadband
over power line (BPL) systems while protecting existing spectrum users from harmful
interference. It is my hope that our rules will allow BPL systems to flourish. This technology
holds great promise as a ubiquitous broadband solution that would offer a viable alternative to
cable, digital subscriber line, fiber, and wireless broadband solutions. Moreover, BPL has unique
advantages for home networking because consumers can simply plug a device into their existing
electrical outlets to achieve broadband connectivity. Promoting the deployment of broadband
continues to be one of our top priorities and today’s action is another step towards reaching that
goal.

STATEMENT OF
COMMISSIONER MICHAEL J. COPPS

We all have high hopes for Broadband over Power Line and I think we would all
like to see some non-duopoly pipes bringing broadband access to, particularly, hard-toreach
Americans. We are behind the game in putting high-speed, high value bandwidth
to work for all our citizens. You know something is wrong when the best case scenario is
that a consumer has a choice between two broadband connections, both of which are
more expensive and considerably slower than what consumers in other industrialized
nations enjoy. And that’s how it works in our wealthy metropolitan areas. Over much of
the rest of America, it just gets worse. Customers in rural, and even some urban, areas
often cannot get a broadband connection at all. Or their only option is so expensive as to
be unattainable as a practical matter.
If you want a quantitative sense of how bad things have gotten, consider this:
Last year, the International Telecommunications Union (ITU) listed us at 16th in the
world in broadband penetration. Using the ITU’s newer and more sophisticated Digital
Opportunity Index, your country and mine is now ranked 21st in the world.
The reason we’re so far behind, of course, is that – in the words of the
Congressional Research Service – our residential broadband market is a flat out “cable
and telephone duopoly.” Indeed, this market has an HHI index of roughly 5,500 to 5,800
– well over three times what the Department of Justice considers “highly concentrated.”
And this is not just some run of the mill product like a toaster or a lawnmower – it is the
data pipe over which all future communications will run.
I recount these alarming statistics just to emphasize how important it is for this
Commission to take every step within our power to encourage new broadband
competitors. And that brings us to this item. Along with wireless technologies,
Broadband over Power Line is a credible candidate for a “third pipe” that could bring
meaningful competition to this market. Accordingly, I am pleased that we take steps
today to resolve certain questions about BPL and radio interference. The BPL industry
needs regulatory certainty from us, and I believe today’s item helps provide some
certainty—although important policy questions remain to be tackled and need to be
tackled.
Even as we seek to encourage BPL – as I stated when we issued our initial order
two years ago – we must also ensure that its providers protect existing spectrum users
from interference. This applies with special force to amateur radio operators whose skills
and dedication once again proved so valuable in the aftermath of Hurricane Katrina.
Amateur radio serves the public interest in so many ways that we must be always mindful
of its needs. I believe today’s Order strikes an acceptable balance between protecting
existing users and providing BPL an environment conducive to innovation and to getting
on with the job of deployment. But we should be ever alive to the reality that the
unexpected often happens and unforeseen consequences are as often the rule as they are
the exception. That’s why the Commission must be available and positioned to respond
to interference complaints with alacrity. Amateur operators shouldn’t have to wait for
months to get complaints resolved—they deserve better.
So I want to thank the Chairman and my fellow Commissioners for including
language in today’s item reaffirming the Commission’s commitment to providing
amateur radio users with assurances of expeditious relief when they are subject to
impermissible interference. When we ask multiple users to share the same spectrum, that
old line about justice delayed being justice denied is especially apt. For that reason, this
Commission must monitor, investigate, and act quickly to make sure that the rules we
reaffirm today are being observed out in the field. If for any reason these procedures
prove inadequate, I, for one, will be back asking for more.
Thanks to the Bureau for working through these difficult issues and for bringing
this item to us today. I am pleased to support it.
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