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FCC RIN: 3060-AI24 Publication ID: Spring 2015 
Title: Broadband Over Power Line Systems; ET Docket No. 04-37  
Abstract:

The Notice of Proposed Rulemaking (NPRM) proposed to amend part 15 of the Commission's rules to adopt new requirements and measurement guidelines for a new type of carrier current system that provides access to broadband services using electric utility company power lines. The Report and Order adopted new requirements and measurement guidelines for a new type of carrier current system that provides access to broadband services using electric utility companies' power lines. This new technology offers the potential for the establishment of a significant new medium for extending broadband access to American homes and businesses. Given that power lines reach virtually every residence and business in every community and geographic area in this country, Access BPL service could be made available nearly everywhere. This new broadband delivery medium could also serve to introduce additional competition to existing cable, DSL, and other broadband services. We believe these actions will promote the development of BPL systems by removing regulatory uncertainties for BPL operators and equipment manufacturers while ensuring that licensed radio services are protected from harmful interference. The Office of Engineering and Technology announced that the United Telecom Council (UTC) will serve as the Access Broadband over Power Line (Access BPL) database manager. The Memorandum Opinion and Order amended part 15 of the Commission's rules regarding the unlicensed operation of Access BPL systems. Specifically, the rules were amended to change the exclusion zone requirement for the ten listed radio astronomy facilities to a consultation requirement, and to add a new exclusion zone for one Very Large Array (VLA) radio astronomy observatory site at 73.0-74.6 MHz. The Commission also amended the rules to add prospective protection for relocated aeronautical facilities and to correct the coordinates and email contact for the aeronautical facilities subject to BPL consultation. The Commission affirmed the July 7, 2006, deadline for requiring certification for any equipment manufactured, imported, or installed on BPL systems, with the provision 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. The Commission believes these changes further the development and growth of BPL devices. The Commission denied the petitions for reconsideration in all other respects. The Further Request for Comment and FNPRM address certain issues from the Commission's Report and Order on rules for broadband over power line systems and devices (BPL Order) that was remanded by the United States Court of Appeals for the District of Columbia. In the BPL Order, the Commission established technical standards, operating restrictions, and measurement guidelines for Access BPL systems to promote the development of such systems while ensuring that licensed radio services are protected from harmful interference. In ARRL v. FCC, the court remanded the BPL Order to the Commission for further consideration and explanation of certain aspects of its decision. Specifically, the court directed the Commission to provide a reasonable opportunity for public comment on unredacted staff technical studies on which it relied to promulgate the rules, to make the studies part of the rulemaking record, and to provide a reasonable explanation of the choice of an extrapolation factor for use in measurement of emissions from Access BPL systems. In the Second Report and Order (Second Order), the Commission fundamentally affirmed its rules for Access BPL systems. The Commission also made certain minor modifications to improve and clarify the rules. These rules provide an appropriate balance between the dual objectives of providing for Access BPL technology that has potential applications for broadband and Smart Grid while protecting incumbent radio services against harmful interference. The Commission adopted rules for Access BPL systems in 2004 and affirmed those rules in 2006. The BPL rules were challenged by the national association for amateur radio, formally known as the American Radio Relay League (ARRL) in the United States Court of Appeals for the District of Columbia in ARRL v. FCC. In ARRL v. FCC, the court directed the Commission to: (1) make part of the rulemaking record unredacted versions of several staff technical studies which the Commission considered in promulgating the rules; (2) provide a reasonable opportunity for public comment on those studies; and (3) provide a reasoned explanation of its choice of the extrapolation factor for use in measuring radiated emissions from Access BPL systems. In response, the Commission issued a Request for Further Comment and Further Notice of Proposed Rulemaking in this proceeding (RFC/FNPRM). In the RFC/FNPRM, the Commission took its first step in responding to the directives of the court in ARRL v. FCC and also took that opportunity to review the Access BPL extrapolation factor and propose certain changes to the BPL technical rules that appeared appropriate in view of new information and further consideration of this matter. In this Second Order, the Commission completes its action addressing the court's concerns and its proposals in the RFC/FNPRM. It finds that the information submitted in response to the RFC/FNPRM does not warrant any changes to the emissions standards or the extrapolation factor. However, the Commission is making several refinements to its Access BPL rules. In particular, it is: (1) modifying the rules to increase the required notch filtering capability for systems operating below 30 MHz from 20 dB to 25 dB; (2) establishing a new alternative procedure for determining site specific extrapolation factors generally as described in the RFC/FNPRM; and (3) adopting a definition for the "slant range distance" used in the BPL measurement guidelines to further clarify its application. The Commission finds that the benefits of the changes to the rules outweigh their regulatory costs. In the Second Memorandum Opinion and Order (BPL Second MO&O), the Commission addressed a petition for reconsideration filed by the national association for amateur radio, formally known as the American Radio Relay League (ARRL). ARRL seeks reconsideration of the Commission's Second Report and Order (BPL Second Order) in this proceeding relating to Access Broadband over Power Line (Access BPL) systems. The Commission concludes that its previous decisions in this proceeding strike an appropriate balance between the dual objectives of providing for Access BPL technology--which has potential applications for broadband and Smart Grid uses--while protecting incumbent radio services against harmful interference. The Commission denies the ARRL petition for reconsideration; it does not raise new arguments based on new information in the record or on the Commission's new analysis of limited points as directed by the Court, nor does it demonstrate any errors or omissions in the Commission's previous decisions.

 
Agency: Federal Communications Commission(FCC)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 47 CFR 15   
Legal Authority: Not Yet Determined   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  04/17/2004  69 FR 12612   
NPRM Comment Period End  05/03/2004    
R&O  01/07/2005  70 FR 1360   
Petition for Recon  03/08/2005  70 FR 11244   
Public Notice  11/19/2005  70 FR 60840   
MO&O  08/23/2006  71 FR 49376   
Further Request for Comment and FNPRM  08/24/2009  74 FR 42632   
2nd R&O  11/21/2011  76 FR 71892   
MO&O  05/29/2013  78 FR 32165   
Final Rule  To Be Determined 
Additional Information: ET Docket No. 04-37
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State 
Small Entities Affected: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Anh Wride
Electronics Engineer
Federal Communications Commission
445 12th Street SW,
Washington, DC 20554
Phone:202 418-0577
Fax:202 418-1944
Email: anh.wride@fcc.gov