FCC: FCC/INTERVENORS DEFEND BPL RULES AT DC CIRCUIT APPEALS COURT

FCC: FCC/INTERVENORS DEFEND BPL RULES AT DC CIRCUIT APPEALS COURT
Tuesday, July 17, 2007

In briefs filed at the U.S. Court of Appeals for the DC Circuit this month, the FCC and industry Intervenors (including UTC) explained that the technical rules that the FCC adopted for BPL were reasonable and entirely consistent with statutory authority. The FCC rejected claims by the ARRL that BPL should have been licensed and that the rules allow BPL to interfere with licensed services. It stated that "[w]hen the Commission has reasonably determined, as it has here, that 'the harmful interference potential from Access BPL systems operating in compliance with [its rules] is low,' permitting such operations without licensing is consistent with the statute as the Commission has consistently interpreted it and with the FCC's established precedent in this area." Intervenors echoed that licensing is necessary only with respect to devices which have a significant potential for causing harmful interference, and they noted that the FCC has rejected previously ARRL's argument that the FCC must license a device if there is any interference risk at all. The FCC also explained that it was reasonable in its determination that 20 dB notching is sufficient to protect mobile operations from harmful interference, and that the 40/20 dB extrapolation factor should be used for measuring BPL emissions from distances other than those prescribed under the rules. The FCC and industry Intervenors also reiterated that the proposals by the ARRL and broadcasters to restrict BPL operations to the 30-50 MHz band "would needlessly restrict BPL system design and reduce system capacity, without regard to whether there are amateurs that need protection from a particular BPL installation," and that Access BPL did not "present[] a serious threat of interference to broadcast television service on channels 2 to 6" which would warrant excluding BPL above 50 MHz. Finally, the FCC and industry Intervenors explained that BPL supports important public interest goals of broadband access/competition, energy efficiency/reliability, homeland security and environmental conservation. Now that the FCC and industry Intervenors have filed their briefs, the ARRL and its Intervenors must file reply briefs by July 31, 2007.