Part of the Aug. FCC BPL decision violates the International Radi...
Part of the Aug. FCC BPL decision violates the International Radio Regulations and the Communications Act, said American Radio Relay League CEO David Sumner. The offending element sets limits on how much a Part 15 device must protect a…
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licensed mobile station. The ARRL plans to take the FCC to court over parts of the BPL rule (CD Oct 3 p3). “The FCC has, in effect, tried to redefine harmful interference. It can’t do that,” Sumner said: “The Commission doesn’t have the authority to do that, and we are going to demonstrate that to the court.” The ruling is “exactly the kind of administrative decision the courts of appeal love to overturn,” he added. The League isn’t suing BPL providers for causing interference or the FCC for failing to enforce its rules against harmful interference, he said: “We are not satisfied with the level of attention the Commission is paying to existing cases of BPL interference, but this is not the time to pursue that in federal court,” Sumner said. The ARRL will show in court the FCC’s administrative process as “flawed” and resulting in rules that exceed its mandate by reducing the rights of licensed operators and providing a “free pass to spectrum polluters,” he said. The ARRL executive committee will meet over the weekend to ratify plans for an appeal, he said.