FCC LEAVES EMISSION LIMITS INTACT IN TECHNICAL RULE CHANGES FOR BPL
FCC opted to retain existing emission limits as it proposed changes Thurs. in its Part 15 rules to foster broadband over power line (BPL) deployment. The nascent BPL industry welcomed the Commission’s proposals as a step toward lending regulatory certainty for investment and rapid deployment. While Chmn. Powell and 3 other commissioners expressed hope the proposed changes would balance the benefits of broadband deployment with the need to protect against harmful interference, Comr. Copps dissented in part for its failure to deal with policy issues.
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Under technical rule changes, the Commission proposed that: (1) BPL devices on poles use “adaptive interference techniques” to prevent harmful interference to existing users such as public safety and amateur radio operators. It would mean BPL devices would have the capability of ceasing operations altogether, “notching down” (reducing) power levels, or avoiding operating on specific frequencies to prevent interference. BPL systems now have that capability, said Brett Kilbourne, regulatory dir. of the United Power Line Council (UPLC). The Commission was merely seeking to codify it, he said.
(2) A public database be developed containing information on the location, operational frequencies and modulation type of BPL devices that would expedite resolution of interference issues. Calling that just about the only surprise in the FCC’s announcement, Kilbourne said that because the agency was talking about a public database, “there are some issues that we will have to work through.” He said that under current notification rules for power line communications (PLC), there was a database managed by the United Telecom Council (UTC) showing all power line carrier frequencies. When a utility wanted to add another PLC frequency to its system, it would submit that frequency to UTC, which would forward it to the federal govt. for approval, and that database was classified, he said. The new one being proposed by the Commission is an industry-sponsored public database that helps those affected by interference to check it to see whether there is a PLC in the area and who to contact to resolve the issue, he said.
(3) Guidelines for measuring radio frequency (RF) emissions be developed for BPL devices and other current carrier systems to ensure consistency. However, the agency didn’t propose any changes in the existing emission limits, which Kilbourne called “the headline issue” for the industry. While the industry was pleased with the agency’s decision, it was certain that others such as amateur radio operators would fight it “tooth and nail,” Kilbourne said: “We are happy that the FCC is going fast on this. That’s probably the first priority here -- to get rules out as soon as possible so that we can provide services as soon as possible.” He said the FCC’s action would help give regulatory certainty to utilities, which were “really conservative,” and “encourage investment and quick deployment.”
Copps said he supported the technical rules but felt the Commission should have dealt at the same time with the remaining policy issues such as universal service, CALEA access, 911 availability, pole attachments and potential for cross-subsidization. “For the same reasons it is important to provide certainty for industry and consumers as concerns interference, it is important to provide certainty on the policy implications that we will surely face as powerline broadband expands,” he said.
Powell said the proceeding represented “another example of the Commission’s effort to find new platforms” to provide broadband to homes. He said he was confident “the proposals we adopt today balance the potential benefits of BPL services and give careful consideration of the potential interference from BPL operations.” He said the agency would remain vigilant, however, because of interference concerns by licensed users. Comr. Martin said he “appreciated” the FCC’s effort to ease concerns by govt. agencies such as the Federal Emergency Management Agency about interference to govt. operations including emergency services.
Saying the NTIA was pleased that the FCC was moving forward on BPL, Acting Dir. Michael Gallagher said the Commission’s proposed rules would provide policymakers with “the rigorous technical data and measurements that will be necessary to accurately and fairly judge the prospects of this exciting, innovative new use of existing infrastructure.”