[Federal Register Volume 78, Number 103 (Wednesday, May 29, 2013)]
[Rules and Regulations]
[Pages 32165-32169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12746]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 15
[ET Docket No. 04-37 and 03-104; FCC 13-53]
Broadband Over Power Lines
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document 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 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.
DATES: Effective June 28, 2013.
FOR FURTHER INFORMATION CONTACT: Anh Wride, Office of Engineering and
Technology, 202-418-0577, [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Memorandum Opinion and Order, ET Docket No. 04-37 and 03-104, FCC 13-
53, adopted April 16, 2013 and released April 17, 2013. The full text
of this document is available for inspection and copying during normal
business hours in the FCC Reference Center (Room CY-A257), 445 12th
Street SW.,
[[Page 32166]]
Washington, DC 20554. The complete text of this document also may be
purchased from the Commission's copy contractor, Best Copy and
Printing, Inc., 445 12th Street SW., Room CY-B402, Washington, DC
20554. The full text may also be downloaded at: www.fcc.gov. People
with Disabilities: To request materials in accessible formats for
people with disabilities (braille, large print, electronic files, audio
format), send an email to [email protected] or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432
(tty).
Summary of Report and Order
1. 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.
2. In its Petition, ARRL again requested that the Commission modify
the Access BPL rules to adopt mandatory, full-time notching of all
amateur radio allocations (amateur bands), this time requesting notch
depths of at least 25 dB. It bases this request on its contention that
the Commission should acknowledge: (1) The unique and substantial
interference potential of Access BPL systems relative to amateur radio
HF communications; (2) the inapplicability and/or inadequacy of the BPL
rules with respect to amateur radio interaction; (3) the clear
necessity of mandatory, full-time notching by Access BPL systems of
amateur radio allocations to notch depths of at least 25 dB; and (4)
the absence of any negative effect on BPL systems of the obligation to
maintain full-time notching of amateur bands. As discussed and as
supported by the record, ARRL makes these arguments based on the same
reasoning and facts that the Commission considered and disposed of
previously in the BPL First Order, the BPL First MO&O, and the BPL
Second Order. The Commission, again, is unpersuaded by ARRL's arguments
and denies its Petition.
3. Throughout this proceeding and in its judicial appeal, the ARRL
has argued that more restrictive technical standards are needed to
protect the amateur radio service from interference caused by
radiofrequency (RF) emissions from Access BPL systems. The Commission
has specifically rejected as unnecessary these repeated requests by
ARRL for tighter emissions controls on Access BPL operations, more
stringent interference mitigation measures, and requirements for
avoidance of BPL operations in the amateur bands.
4. The only changes adopted in the BPL Second Order were minor
adjustments to the rules as proposed in the BPL RFC/FNPRM.
Specifically, the Commission: (1) Modified the rules to increase the
required notch filtering capability for systems operating below 30 MHz
from 20 dB to 25 dB; (2) established a new alternative procedure for
determining site-specific extrapolation factors, and (3) adopted a
definition for the ``slant-range distance'' used in the BPL measurement
guidelines to further clarify its application. As indicated, the
Commission also explained its rationale for and affirmed its use of a
40-dB-per-decade extrapolation factor for frequencies below 30 MHz.
5. ARRL is not specifically requesting reconsideration of these
minor modifications to the rules that were adopted in the BPL Second
Order. Rather, ARRL is reiterating its previous request for mandatory
full-time permanent notching of all amateur radio allocations, which
the Commission considered and rejected in the BPL Second Order. In
support of this request, ARRL makes several arguments, which the
Commission considered sequentially.
6. First, ARRL disagrees with the Commission's analyses and
conclusions on the staff studies and their bearing on the adequacy of
the Access BPL rules. ARRL argues that in the BPL Second Order the
Commission discounts its own study conducted by its Technical Research
Branch (TRB) by mischaracterizing the results and by attempting to
distance itself from TRB's studies and recommendations. The Commission
notes that in the BPL Second Order, the Commission discussed this issue
at length, and explained its rationale with respect to each point of
this same argument that ARRL first raised in its comments to the BPL
RFC/FNPRM. ARRL makes no new argument here. ARRL here contends that
TRB's studies (i.e., all of the 2003 and 2004 field studies and the
July 2009 released documents) used scientifically valid methodologies
and the Commission did not rebut them as a technical matter. ARRL
specifically did not agree with the Commission's assessment in the BPL
Second Order regarding the video files of the now-defunct BriarCliff
Manor experimental BPL system (BriarCliff Manor video5)
recorded on August 17, 2004 that were part of the released July 2009
staff materials. In this regard, the Commission notes that it explained
in detail the particulars of that experimental BPL system and the
reasons why it did not rely on TRB's technical findings, stating that
``. . . it does not appear that any of the mitigating features that are
required in the rules had been applied to this experimental BPL
system'' [at the time the video clip was made.] In particular, the
Commission noted that ``our staff did contact the licensee about
interference from that system several times over the course of its
operation and the operator took steps first to cease operation on the
amateur frequencies and then to install new equipment that had notching
capability. Subsequent examination of that system by field agents of
our Enforcement Bureau (EB) found no interference, which substantiates
the effectiveness of our rules when properly observed.'' The Commission
further observed that it pointed out with in-depth analyses in the BPL
Second Order that it simply did not draw the same conclusions from the
released studies and materials as ARRL did, and that ``in some cases,
ARRL simply (and incorrectly) draws different conclusions from the . .
. [staff studies and] presentations than we do.'' ARRL has made no new
argument with respect to this contention that was not already
considered and disposed of in our earlier decisions.
7. ARRL also repeats its disagreements with the Commission's
assessment of the nature of Access BPL technology. It questions the
Commission's reasons for not imposing conducted emission limits on
Access BPL and instead atypically imposing only radiated emission
limits. It contends that according to several BPL standards, the actual
conducted emission level for BPL is approximately 30 dB higher than the
conducted emission levels for other part 15 devices that are not
carrier current systems. Note that the Commission discussed
[[Page 32167]]
this issue in the BPL First Order in which it explained that because
Access BPL signals are transported on medium voltage power lines of up
to 40,000 volts, there would be extreme safety issues for test
personnel involved in connecting test equipment that would have to be
able to measure conducted emissions in such high voltage lines. This
determination is now long-since established and ARRL did not submit any
new information in its reconsideration petition here.
8. ARRL also argues that the BPL Second Order did not address why
the emission limits for BPL are set at levels as much as 25 dB greater
than the generally-accepted median levels of ambient noise in typical
environments and more than 45 dB greater than the quiet rural
environment that represent the more quiet times and frequencies within
an amateur band. The Commission notes that the emission limits for
Access BPL are the same as the general emission limits in Sec. 15.209
of the rules for other part 15 intentional radiators, which have been
in existence in various forms for over 50 years; furthermore, as was
discussed in the BPL Second Order, ``to minimize the potential for
harmful interference, facilitate its resolution where it may occur, and
address cases where it's possible occurrence could impact critical
services, the Commission adopted additional regulatory measures beyond
the emissions limits in the part 15 rules.'' With regard to the ambient
noise levels (noise floor), the Commission discussed these issues at
length in the BPL Second Order and provided additional protection for
all licensed services, including amateur service, by requiring an
increase of 5 dB in the notching capability of Access BPL systems.
9. ARRL disagrees with the Commission's conclusion in the BPL
Second Order that BPL systems increase the noise floor only within a
relatively short distance (15-400 meters) from the power lines; it
complains that this ``unquantifiable increase in noise floor'' is
apparently not acceptable to the Commission when the victim operates in
a U.S. Government frequency band (e.g., aeronautical service) but is
acceptable when the victim is an amateur radio station. ARRL argues
that this treatment of different licensed radio services is arbitrary
and capricious on its face. The Commission notes here that in both the
BPL First Order and the BPL Second Order, the Commission discussed at
length the reasons for its decision to designate only certain
frequencies used by ``critical'' Federal Government services as
recommended by NTIA, as being excluded from Access BPL usage (only 2%
of the spectrum within the 1.7-80 MHz band qualify as excluded
frequencies.) Although ARRL has repeatedly requested to have all
amateur HF and VHF allocations be included with critical Federal
Government services, the Commission found, and still finds, that
amateur radio frequencies do not warrant the special protection
afforded to frequencies reserved for international aeronautical and
maritime safety operation. In this regard, the Commission notes that
amateur frequencies are generally used for routine communications and
hobby activities, notwithstanding the fact that amateurs may on
occasion assist in providing emergency communications. The Commission
finds that the recently released information in the staff unredacted
studies did not provide any new information not already known to the
Commission and ARRL did not bring any new information on this issue on
reconsideration.
10. ARRL next points to issues regarding the interference potential
from Access BPL systems to amateur radio operations. It argues that in
the BPL First Order at paragraph 39, the Commission was wrong in
stating that BPL is not an efficient radiator, and that BPL
interference actually permeates large areas because overhead unshielded
power lines exist throughout residential areas, not just along one line
of one roadway. The Commission addressed this issue in the BPL First
Order, making reference to the NTIA Phase 1 Study in which NTIA agrees
with the Commission that these systems are not efficient radiators, nor
are their emissions cumulative such that they permeate areas in which
they are located. The Commission also addressed ARRL's repeated
argument that BPL causes preclusive interference over large areas in
the BPL Second Order. ARRL did not bring any new information or
argument to this issue on reconsideration.
11. In requesting reconsideration of the Commission's decision to
decline its request for full-time permanent notching of amateur bands
in the BPL Second Order, ARRL claims that the Commission ignores the
ubiquitous nature of amateur radio and such a decision completely fails
to prevent interference to mobile stations. It argues that a mobile
amateur station should not have to drive outside an entire city or
community in order to be able to communicate. The Commission discussed
the issue of mobile communications in detail along with the variability
of levels in HF communications, stating in part that ``. . . the
significant variability in background noise levels limits the
reliability of HF signals below 30 MHz such that BPL emissions at . . .
[the limit required in the rules] . . . should not generally be
considered harmful interference;'' however, ``to take a more
conservative approach [the Commission] decided to provide additional
protection to mobile stations by increasing the required notch depth
from 20 dB to 25 dB.'' ARRL did not bring any new information to this
issue on reconsideration.
12. ARRL also states that on December 29, 2010, it submitted a BPL
interference complaint jointly to the Commission's Enforcement Bureau
(EB) and Office of Engineering and Technology (OET) regarding some BPL
systems operated by International Broadband Electric Communications
(IBEC), and on February 10, 2011, it submitted a request to OET to set
aside the certification grants for the equipment used by these IBEC BPL
systems. ARRL argues that because no action has been taken on these
complaints, the rules should require permanent notching of amateur
frequencies since post hoc enforcement of interference issues is not
adequate. Over the years, the Commission has investigated and taken
action on BPL complaints where it appeared that it was warranted. In
the early period of BPL development, before the rules were in place and
compliant equipment was in use, some of our investigations took time to
complete. After the rules were established in 2004, there were fewer
incidences of interference complaints and we have had cooperation from
the BPL system operators to resolve them. Before the Commission could
take action on ARRL's December 2010 interference complaint and February
2011 request regarding IBEC, IBEC had started the shut-down of all its
BPL operations, making investigation of its operations as they related
to the complaints moot. This anomalous case cannot be extrapolated to
conclude that the Commission does not have the capability and/or
readiness to enforce its BPL rules. To the contrary, the Commission has
diligently investigated previous complaints about interference from BPL
systems.
13. ARRL further disagrees with the Commission's assumption in the
BPL Second Order that the BPL operator has a strong incentive to
voluntarily utilize full notching of the amateur bands in the vicinity
of amateur radio operators for interference mitigation unless full-time
permanent notching of amateur bands throughout a BPL system is required
by the rules. The Commission
[[Page 32168]]
reiterates here, to the contrary, that ``[g]iven that identification
and resolution of harmful interference can involve expenditures of
staff time and resources for Access BPL providers and possibly the
temporary disruption of service to their subscribers, these providers
have a strong incentive to take a priori steps to ensure that they
avoid causing interference to the local radio services, including
amateurs''. ARRL has not provided a basis for reconsideration of this
position. As for ARRL's complaint that IBEC BPL systems in operation in
North Carolina, Virginia and Pennsylvania at one time did voluntarily
notch amateur bands but stopped doing so, IBEC and other operators were
not obligated to notch, or continue to notch, the amateur bands on a
full-time, system-wide basis. The Commission does not see a reason to
consider the IBEC experience involving a single interference complaint
for a system that was ultimately shut down to be a basis for imposing a
mandatory notching requirement. In any event, ARRL fails to relate that
in the decision which it challenges here we merely noted the likely
incentive for BPL operators to notch where that provides the most
efficacious approach for dealing with potential interference issues. We
clearly did not rely on voluntary, full-time, system-wide notching as a
basis for our rules at that time nor do we now.
14. ARRL next contends that the Commission ignored several sources
that point to a high probability of interference from Access BPL to
existing HF and VHF spectrum users. In accordance with the Court's
mandate, the Commission analyzed all relevant information and explained
in great detail in the BPL Second Order that it is not persuaded by
ARRL's technical submissions, including the reports and technical
standards referenced in its numerous filings, that our assessment of
the interference potential from BPL operations was incorrect or
inappropriate, or that modifications to the BPL emissions limits and
other technical rules to provide additional protection for the amateur
service are warranted. In its instant Petition, ARRL specifically
argues that the Commission did not discuss an OFCOM study on In-House
BPL in our consideration of Access BPL interference potential. However,
that report was not given significant weight in our deliberations
because it specifically covers In-House BPL, the operating
characteristics of which are significantly different from those of
Access BPL and therefore render that report not substantively relevant
to the issues under consideration in the present proceeding.
15. ARRL repeats its argument that the BPL database contains many
errors that undermine the usefulness of the database as a tool for
interference mitigation. In the BPL Second Order the Commission
encouraged the database administrator, the Utilities Telecom Council
(UTC) to be diligent in its management of the database and other
interested parties to work with UTC in providing information to ensure
that the records in the database are accurate and up-to-date, and UTC
affirmed that the database has been and is being reviewed periodically
to ensure that the information is currently accurate. The Commission
also notes that there could be some period of time between the date a
BPL operator enters information into the BPL database regarding a near-
future deployment and the actual deployment date, which might depend on
business conditions, financial obligations, change in business plans,
etc. The Commission expressed its expectation that UTC periodically
contact its BPL database members to ensure that obsolete information is
removed or updated and we have counseled UTC on its obligations. While
the Commission expects the BPL database to be maintained to accurately
indicate the status of BPL operations, it nonetheless note that an
Access BPL system that ceases to operate without updating its database
information does not pose an increased potential for unanticipated
interference. If any specific cases of BPL operators failing to provide
information to the database in a timely fashion as required by Sec.
15.615(a) of the Commission's rules are brought to our attention, the
Commission will consider taking enforcement action as appropriate.
16. ARRL next takes issue with the alternative procedure for
determining site-specific extrapolation factors for BPL systems adopted
in the BPL Second Order. ARRL again complains that measurements at four
points are inadequate to establish a reliable extrapolation factor.
ARRL again repeats its original argument that measurements should be
made along the power line for each measurement distance from that line,
and that the maximum value at each distance from that line for each
frequency be used for the calculation. The Commission reiterates that
while it did not adopt ARRL's suggested procedure involving the number
of measurement points along the power line, our new method for
determining site-specific extrapolation factors follows the IEEE
Standard P1775-2010 that requires measurements to be made at a minimum
of four points; however, depending on the specific installation site,
this method could require measuring many more data points in order to
establish a straight line with a minimum 0.9 regression coefficient of
multiple correlation. This multiple-point requirement and the resultant
potentially numerous measurements counter ARRL's repeated concern that
having measurements at ``only four points'' is ``woefully inadequate.''
The Commission has analyzed and rejected ARRL's proposal in the BPL
Second Order in favor of the procedure published in the IEEE Standard
P1775-2010, which the Commission also noted was an improvement over
current practices, and ARRL makes no new arguments here.
17. ARRL further argues that since the Commission acknowledged in
the BPL Second Order that there is variability in the attenuation of
emissions from BPL systems across individual sites that are not
captured by a uniform extrapolation factor, full-time notching of
amateur bands is called for. However, this is one of the stated reasons
for which the Commission adopted the alternative procedure for
determining site-specific extrapolation factors. The Commission noted
that the option to use site-specific values can substantially alleviate
the measurement concerns associated with the standard extrapolation
factor and the variability in attenuation rates that may be observed in
the field, and particularly where measurements at a site may plainly
not appear to conform to the 40-dB-per-decade standard. The Commission
again observes that it has addressed ARRL's concerns with the
alternative method for determining site-specific extrapolation factors
at length in the BPL Second Order, and ARRL makes no new arguments
here.
18. ARRL also continues to dispute the Commission's decision to
retain the existing 40-dB-per-decade value for the standard distance
extrapolation factor for BPL systems. The Commission discussed this
issue at length in the BPL Second Order and concluded that there is no
single ``correct'' value for an extrapolation for RF emissions from
power lines due to a multitude of reasons and that there is no basis
for changing from the longstanding 40-dB-per-decade standard. However,
the Commission notes that by explicitly providing that ``slant-range''
distance is to be used in conjunction with the extrapolation factor
when calculating the emission levels, the existing 40-dB-per-decade
extrapolation factor produces values that are closer to what ARRL
calculates using what it believes to be the correct extrapolation
factor (20
[[Page 32169]]
dB per decade). Here, ARRL agrees with the Commission that the slant-
range method may be a slight improvement over using horizontal
distance, but again repeats its previous argument that radiated
emission levels above the power lines are stronger than they are at
near-ground levels and contends that BPL emission measurements should
be made at the level of the power lines, not close to the ground as
specified in the BPL Measurement Guidelines because such measurement
would not capture the worst-case emissions. It also re-argues that NTIA
recommended a 5 dB correction factor to address this deficiency but the
Commission chose not to adopt it. The Commission disposed of the issue
regarding receive antenna height and correction factor in both the BPL
First Order and BPL Second Order. ARRL did not bring any new
information on reconsideration here.
19. Finally, ARRL contends that there would not be any negative
effect on BPL systems if the Commission were to implement full-time
notching of amateur radio allocations to notch depths of at least 25 dB
and therefore argues that its request would not be burdensome to the
BPL industry. The Commission does not believe that it should require
all BPL systems to permanently notch specific frequencies at a certain
notch depth just because the technology is capable of doing so. As
stated in the BPL Second Order, to require that BPL systems permanently
avoid all the amateur radio frequencies would unnecessarily restrict
BPL operations and leave unused valuable Access BPL capacity in areas/
locations where no amateur operations are present that could receive
interference. ARRL did not bring any new information on reconsideration
here.
20. In its opposition to the Petition, Current Group LLC (Current)
contends that the ARRL Petition is largely a rehash of previous
filings, and that the Commission should find that the Petition has
failed to make a prima facie case for reconsideration and summarily
deny it. Similarly, the Edison Electric Institute and the Utilities
Telecom Council (EEI/UTC) argue that as a procedural matter, the ARRL's
request for full-time notching of the entire amateur band has been
rejected before and may not be raised again in reconsideration of the
BPL Second Order. The HomePlug Powerline Alliance (HomePlug) also
states that ARRL's arguments have already been fully considered by the
Commission no less than three times in this proceeding and its Petition
should be denied or dismissed pursuant to Sec. 1.106(p)(3) of the
Commission rules. As discussed, the Commission largely agrees with
these oppositions and denies the petition for reconsideration for the
reasons stated.
Ordering Clauses
21. Pursuant to authority contained in contained in sections 4(i),
301, 302, 303(e), 303(f), 303(r), and 405 of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 301, 302a, 303(e), 303(f), 303(r),
405, and 1.429 of the Commission's rules, 47 CFR Section 1.429, that
the Petition for Reconsideration filed by ARRL is denied.
22. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Second
Memorandum Opinion and Order, including the Final Regulatory
Flexibility Certification, to the Chief Counsel for Advocacy of the
Small Business Administration.
Report to Congress
23. The Commission will not send a copy of this Second Memorandum
Opinion and Order pursuant to the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A), because the Commission did not adopt any new rules
here.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2013-12746 Filed 5-28-13; 8:45 am]
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