FCC Adopts BPL Report and Order |
10/14. The Federal Communications Commission
(FCC) adopted, but did not release, a Report and Order that amends Part 15 of
its rules regarding broadband over powerline (BPL) systems.
The FCC issued a short
release describing this item, the Commissioners released statements, and FCC
Chairman Michael Powell, and
Federal Energy Regulatory Commission (FERC) Chairman
Pat Wood released a
joint statement [PDF]. The FERC also issued a
release.
The FCC release states that the FCC concludes that "the interference
concerns of licensed radio users can be adequately
addressed and that Access BPL systems will be able to operate successfully on an
unlicensed, non-interference basis under the Part 15 model. The rule changes in
the Order establish specific technical and administrative requirements for
Access BPL equipment and operators to ensure that interference does not occur
and, should it occur, to provide for a timely resolution of that harmful
interference without disruption of service to Access BPL subscribers. The Order
also sets forth procedures to measure the radio frequency (RF) energy emitted by
Access BPL equipment."
The FCC's release states that the order includes "rules
imposing new technical requirements on BPL devices, such as the capability to avoid
using any specific frequency and to remotely adjust or shut down any unit". It
also includes rules that establish "excluded frequency bands" to protect
aeronautical and aircraft receivers. Its also includes rules that establish
"exclusion zones" close to "sensitive operations, such as coast guard
or radio astronomy stations, within which BPL must avoid operating on certain
frequencies".
The release also states the order provides for "consultation
requirements with public safety agencies, federal government sensitive stations, and
aeronautical stations". The release also references a publicly available BPL
notification database.
Powell and
Wood (at right) wrote in their joint statement that "ubiquitous broadband
deployment is important to the economic, educational, social, medical, and
cultural welfare of the country. In order to achieve this goal, national
policies should facilitate rapid deployment of all broadband technologies,
including BPL. Policymakers at all levels should coordinate their efforts to
promote a minimally intrusive policy framework for such technologies."
They added that "may help provide additional power supply system
communications and control capabilities to improve reliability and efficiency. Such
capabilities include ``self-healing´´ network capabilities; improved security from physical
and cyber threats; facilitating use of distributed generation; customer and utility
control of appliances and equipment energy use; improved load management and electric
grid utilization; and such applications as automated meter reading, extension of
supervisory control and data acquisition functions to the end user level, outage detection,
and equipment performance monitoring."
FCC Chairman Michael
Powell FCC Commissioner
Kathleen Abernathy wrote in a
separate
statement [PDF] that "the market for last-mile connectivity for broadband services
in the United States has become increasingly competitive. Today we see viable competition
from multiple platforms including cable modem services, satellite, Wi-Fi, Wi-Max, and DSL.
BPL provides us with a new potential competitor in the broadband market. BPL technology also
holds promise in improving the provision and management of electric power systems, homeland
security, and protecting vital elements of the Nation’s critical infrastructure."
"Because BPL is a nascent technology and the broadband market
has no dominant incumbent service provider, only minimal regulations are
appropriate." Powell and Abernathy added that "it is important for regulators to
exercise restraint and avoid heavy-handed regulations. We must allow the
marketplace to develop the full potential of this technology."
FCC Commissioner Kevin
Martin, who also supported this item, wrote in a
separate
statement [PDF] that BPL can bring competition to cable and DSL broadband internet
access, and bring broadband services to rural and isolated areas. He wrote that
"There is no question that this technology has terrific potential."
FCC Commissioner
Michael
Copps (at left) dissented in part. He wrote in a
separate
statement [PDF] that he is worries that the Report and Order lacks regulatory burdens.
"But issues such as universal service, disabilities access, E911, pole attachments,
competition protections, and, critically, how to handle the potential for
cross-subsidization between regulated power businesses and unregulated
communications businesses remain up in the air." Said Copps, "Public safety,
rural service, competition and disabilities access never go out of date."
FCC Commissioner
Jonathan Adelstein wrote about interference in a
separate
statement [PDF]. He wrote that "It is clear that some Access BPL systems can
co-exist very well with existing licensees in the HF and VHF bands. In the limited cases
of increased interference, the Access BPL operators were able to quickly resolve
and address the interference problem. Other Access BPL systems, though, have not
fared so well, and these systems should not be deployed on a commercial basis if
they will continue to result in harmful interference."
Michael
Gallagher, head of the Department of Commerce's
National Telecommunications and Information
Administration (NTIA) stated in a
release that "The FCC's decision to authorize the widespread deployment of
broadband over power lines (BPL) was made possible through a model of
cooperation between FCC and NTIA staffs to develop responsible technical rules
that fully address the potential for harmful interference to vital radio
systems. With this decision, BPL is poised to become the ``third wire´´ into
American homes, bringing more choices and lower costs to consumers."
United Power Line Council (UPLC)
President William Moroney stated in a
release that "Now that the rules have been adopted, the FCC and FERC have
sent a clear message to utilities: go forth and deploy! Our member utilities
have carefully tested the technology for years in a variety of conditions
throughout the country, and are poised to answer the call for universal
affordable broadband and to promote competition in the broadband market for ISPs
and carriers to reach their customers. Help is on the way, but there is still
work ahead. BPL is still a nascent service, and the UPLC urges regulatory
restraint to enable the technology to continue to mature and to allow the
industry to grow. We look forward to continuing to work with the FCC, Congress,
and state and local regulators to promote awareness about BPL and policies that
encourage its deployment."
See also,
reaction from the Amateur Radio Relay League
(ARRL).
See also, story titled "FCC Adopts Broadband Over Powerline NPRM"
in TLJ Daily E-Mail Alert
No. 836, February 13, 2004. The FCC released the
text
[38 pages in PDF] of this NPRM on February 23, 2004.
This Report and Order is FCC 04-245 in ET Docket No. 04-37. Anh Wride (at 202 418-0577 or
anh.wride@fcc.gov) presented this item at
the FCC's meeting.
|
|
|
FCC Adopts Report and Order Re 1710-1755 MHz Band |
10/14. The Federal Communications Commission (FCC)
adopted, but did not release, Seventh Report and Order, taking further action to clear
45 MHz of spectrum in the 1710-1755 MHz band for Advanced Wireless Services (AWS) such
as Third Generation (3G) wireless services.
FCC Chairman Michael
Powell wrote in a
separate
statement [PDF] that this report and order "represents the final step in
the Commission’s efforts to free valuable spectrum nationwide for third
generation (3G) technologies."
The FCC issued a short
release describing this item. It states that "The Commission previously
allocated the 1710-1755 MHz (1.7 GHz) and 2110-2155 MHz (2.1 GHz) bands for AWS.
The 1.7 GHz band was transferred from the Federal Government for private sector
use, but Federal operations at certain locations were to remain in this spectrum
indefinitely. The U.S. Department of Commerce’s National Telecommunications and
Information Administration (“NTIA”), working with the Department of Defense and
other Federal agencies, developed a set of proposals to clear this spectrum so
that it could be made available for AWS throughout the United States. Today’s
action implements NTIA’s plan by making certain non-Federal Government bands
available for relocating Federal operations."
Michael
Gallagher (at right), head of the Department of Commerce's
National Telecommunications and Information
Administration (NTIA) stated in a
release that this order "is a critical
step for the relocation of existing federal government users, and highlights the
importance of the spectrum relocation bill pending in Congress."
See, HR 1320,
the "Commercial Spectrum Enhancement Act". The House passed its version on June
11, 2003. See, stories titled "House Subcommittee Holds Hearing On Commercial
Spectrum Enhancement Act" in
TLJ Daily E-Mail
Alert No. 631, March 26, 2003; "House Subcommittee Approves Spectrum
Relocation Fund Bill" in
TLJ Daily E-Mail
Alert No. 641, April 10, 2003; "House Commerce Committee Passes Spectrum
Relocation Bill" in
TLJ Daily E-Mail Alert No. 653, May 1, 2003; and "House Passes Commercial
Spectrum Enhancement Act" in
TLJ Daily E-Mail
Alert No. 679, June 12, 2003. The
Senate Commerce Committee passed its version on June 26, 2003. See, story
titled "Senate Commerce Committee Approves Commercial Spectrum Enhancement Act"
in TLJ Daily E-Mail
Alert No. 689, June 27, 2003.
This report and order is FCC 04-246 in ET Docket No. 00-258 and WT Docket No. 02-8.
|
|
|
FCC Rules ILECs Have No § 251 Unbundling
Obligations for FTTC |
10/14. The Federal Communications Commission
(FCC) adopted, but did not release, an Order on Reconsideration regarding
broadband unbundling obligations.
The FCC issued a short
release that describes this item. The release states that the order
"relieves incumbents from unbundling requirements for fiber-to-the-curb (FTTC)
loops, where fiber is extended within 500 feet of a customer's premises."
It elaborates that "The FCC found that FTTC networks can deliver
many of the same benefits as FTTC loops. FTTC networks offer enhanced capability
for providing advanced services, including the ability to offer voice,
multi-channel video, and high-speed data services. The new rules free companies
to choose between FTTH or FTTC networks based on marketplace characteristics,
rather than disparate regulatory treatment."
The release also states that the order clarifies that incumbent
local exchange carriers (ILECs) "are not obligated to build time division
multiplexing (TDM) capability into new packet-based networks or into existing
packet-based networks that never had TDM capability."
FCC Commissioner Kevin
Martin wrote in a
separate
statement [PDF] that
this item states that "our intention was to preserve access to the
incumbent LECs' existing network facilities, and to provide access to DS-1 loops
only over TDM capable hybrid network facilities and not over packetized network
facilities. In the Triennial Review Order, we held that ILECs need not unbundle
their packet-based networks, including any packetized transmission path."
Martin
(at left) added that "In particular, we recognize that where ILECs deploy new
packet-based networks they nevertheless may need to hand-off a signal to some
customers in TDM format in order to be compatible with an end user’s customer
premises equipment. The decision makes clear that carriers that choose to deploy
new packet-based networks will not be required to unbundle their new
packet-based networks regardless of whether they hand off a signal in a TDM
format to any such customer."
This order on reconsideration addresses requests from BellSouth and SureWest
filed in October of 2003 to reconsider parts of the 2003 Triennial Review Order
(TRO).
The FCC released its
triennial review order [576 pages in PDF] on August 21, 2003. See, story
titled "Summary of FCC Triennial Review Order" in
TLJ Daily E-Mail
Alert No. 725, August 25, 2003. See also, stories titled "FCC Announces UNE
Report and Order" and "FCC Order Offers Broadband Regulatory Relief" in
TLJ Daily E-Mail
Alert No. 609, February 21, 2003.
The TRO addresses the Section 251 unbundling obligations of ILECs. Unbundled
network elements (UNEs) are those portions of telephone networks that the ILECs,
such as Verizon,
BellSouth,
SBC and Qwest, must make available to
competing carriers, such as AT&T and MCI WorldCom,
seeking to provide telecommunications services. The Telecommunications Act of
1996 provides that ILECs must provide access to certain of their network
elements at regulated rates. See,
47 U.S.C. § 251.
The TRO provides that there is no unbundling requirement for fiber to the
home (FTTH) loops. On March 2, 2004, the
U.S. Court of Appeals (DCCir) issued its
opinion [62 pages in PDF] in USTA v. FCC overturning some
parts of the TRO. However, it upheld the TRO's FTTH provisions. See, story
titled "Appeals Court Overturns Key Provisions of FCC Triennial Review Order" in
TLJ Daily E-Mail
Alert No. 848, March 3, 2004.
FCC Chairman Michael
Powell wrote in a
separate
statement [PDF] that "By limiting the unbundling obligations of incumbents
when they roll out deep fiber networks to residential consumers, we restore the
marketplace incentives of carriers to invest in new networks."
FCC Commissioner
Kathleen Abernathy also wrote a
separate
statement [PDF] in support of this item.
FCC Commissioner Michael
Copps, who dissented from the TRO's FTTH provisions, also dissented from
this order. He also wrote in his
separate
statement [PDF], without elaboration, that this item does not "bode
well for independent providers of VoIP services who don't own or control the
physical layer of the network."
FCC Commissioner
Jonathan Adelstein wrote a
separate statement
[PDF], dissenting in part.
This item is FCC 04-248 in CC Docket No. 01-338, CC Docket No. 96-98, and CC
Docket No. 98-147.
|
|
|
|
Washington Tech Calendar
New items are highlighted in red. |
|
|
Friday, October 15 |
The House and Senate are in recess until November 16, 2004.
Day two of a three day convention of the
American Intellectual Property Law Association
(AIPLA). At 8:45 - 11:45 AM there will be three concurrent programs: (1) The FTC's
Recommendations to Change the Patent System to Achieve a "Proper Balance"
with Competition Policy, (2) Prosecuting the Difficult Patent Application, and (3) The
Latest on Trademark, Copyright Fair Use and Open. At 12:15 - 1:45 PM, Jon Dudas, the
Director of the U.S. Patent and Trademark Office (USPTO) will give the luncheon address.
At 2:00 - 3:30 PM, there will be three concurrent programs: (1) Recent PCT Reform and its
Impact on US Patent Strategies, (2) Opinion Writing In View of Unpredictable IP Decisions,
and (3) Is Greed Good? Taking Advantage of, and Holding the Line Against, the Merger
of Lost Profits and Price Erosion Damages. See, conference
web site and
schedule [PDF]. Location: Grand Hyatt Washington, 1000 H St., NW.
LOCATION CHANGE. 12:00 NOON - 2:00 PM. The
Progress and Freedom Foundation (PFF) will
host a Congressional seminar titled "Reinventing the FCC for the
Digital Age". The speakers will be Tom Lenard (PFF), Randolph May (PFF),
James Miller (former head of the Office of Management and Budget and the
Federal Trade Commission), Darius Gaskins (former Chairman of the Interstate
Commerce Commission), and Susan Ness (former FCC commissioner). See,
notice and
registration page. Lunch will be served. Location: Room B-369, Rayburn Building.
TIME?
Rochelle Dreyfuss (NYU) will give a lecture titled "Protecting the Public
Domain of Science under International Law" as part of the
Georgetown Law Colloquium
on Intellectual Property & Technology Law. For more information, contact Julie
Cohen at 202 662-9871 or Jay Thomas at 202 662-9925. Location:
Georgetown University Law Center, 600 New
Jersey Ave., NW.
Deadline to submit comments to the
Federal Communications Commission (FCC)
regarding the high cost universal support mechanisms for rural carriers and
the appropriate rural mechanism to succeed the five year plan adopted in the
Rural Task Force Order. See,
notice in the Federal Register, September 3, 2004, Vol. 69, No. 171, at
Pages 53917 - 53923.
Extended deadline to submit comments to the
Federal Communications Commission (FCC) in response
to its
Notice of Inquiry (NOI) [15 pages in PDF] regarding "issues relating to the
presentation of violent programming on television and its impact on children." This
NOI is FCC 04-175 in MB Docket No. 04-261. See, story titled "FCC Issues NOI on
Violent TV Programming" in TLJ Daily E-Mail Alert No. 950, August 2, 2004.
See also,
Order [PDF] extending the deadlines.
|
|
|
|
|
Monday, October 18 |
Deadline to submit comments to the
Federal Communications Commission (FCC) in
response to its notice of proposed rulemaking (NPRM) regarding "Internet
Protocol (IP) Relay and Video Relay Service (VRS), including the appropriate
cost recovery methodology for VRS, possible mechanisms to determine which IP
Relay and VRS calls are intrastate and which are interstate for purposes of
reimbursement, whether IP Rely and VRS should become mandatory TRS services,
whether IP Relay and VRS should be required to be offered 7 days a week, 24
hours a day, and whether, when, and how we should apply the speed of answer
rule to the provision of VRS." See,
notice in the Federal Register, September 1, 2004, Vol. 69, No. 169, at
Pages 53382 - 53385. The FCC adopted this NPRM on June 10, 2004, and released
it on June 30, 2004. It is FCC 04-134 in CG Docket No. 03-123. Comments are
due by October 18, 2004.
|
|
|
Tuesday, October 19 |
TIME? The U.S. District Court
(DC) will hold a status conference in U.S. v. Microsoft, the government
antitrust case against Microsoft.. On October 8, 2004, Microsoft, the
Department of Justice (DOJ), and various state
plaintiffs filed a Joint Status
Report on Microsoft's Compliance with the Final Judgments. This case is
D.C. No. 98-1232 (CKK), Judge Colleen Kotelly presiding. Location: Prettyman
Courthouse, 333 Constitution Ave., NW.
12:00 NOON. The Federal
Communications Bar Association's (FCBA) Executive Committee will meet. Location:
Wiley Rein & Fielding, 1776 K Street, NW.
4:00 PM. The Federal
Communications Bar Association's (FCBA) Legislative Committee will host an event
titled "Afternoon Chat with Howard Waltzman". Waltzman is the Chief Counsel
to the House Commerce Committee's Subcommittee on Telecommunications and the Internet.
RSVP to hmarshall@wrf.com. Location:
Wiley Rein & Fielding,1776 K St., NW.
|
|
|
Wednesday, October 20 |
8:00 AM. The Federal
Communications Bar Association (FCBA) will host a breakfast. The speaker
will be Dan Glickman, the new head of the
Motion Picture Association of America (MPAA).
Location: Capitol Hilton, 16th & K Streets, NW.
10:00 AM. Jeffrey Carlisle, Chief of the
Federal Communications Commission's (FCC) Wireline
Communications Bureau (WCB), will hold an event titled "briefing for members
of the media". RSVP to Mark Wigfield at 202 418-0253. Location: FCC, 445 12th St.,
SW, Room TW A-402/A-442.
11:00 AM - 12:30 PM. The
Cato Institute will host a panel discussion titled
"The Next Big Thing in Copyright? The Induce Act and Contributory
Liability". Location: Cato, 1000 Massachusetts Ave., NW.
12:15 PM. The New
America Foundation (NAF) will host a brown bag lunch. The speaker will be Leo
Hindery (Chairman of HL Capital and Former CEO of TCI and AT&T Broadband).
RSVP to Jennifer Buntman at 202 986-4901 or
buntman@newamerica.net. Location: NAF, 1630 Connecticut Ave., NW, 7th Floor.
6:00 - 8:15 PM. The DC Bar Association's
Computer and Telecommunications Law Section will host a continuing legal education
(CLE) program titled "Ethics and the Internet". The speaker will
be J.T. Westermeier
(Piper Rudnick). See,
notice.
Prices vary from $80 to $115. For more information, call 202 626-3488. Location: D.C.
Bar Conference Center, B-1 Level, 1250 H St., NW.
|
|
|
Thursday, October 21 |
9:30 AM. The U.S.
Court of Appeals (DCCir) will hear oral argument in In Re AT&T,
No. 03-1397. Judges Ginsburg, Sentelle and Randolph will preside. Location: Prettyman
Courthouse, 333 Constitution Ave., NW.
12:15 PM. The Federal
Communications Bar Association's (FCBA) Cable Practice Committee will host a
brown bag lunch. Jeffrey Carlisle, Chief of the Federal Communications Commission's
(FCC) Wireline Competition Bureau will speak on
"VOIP and Cable". RSVP to Frank Lloyd 202 434-7309 or
flloyd@mintz.com. Location: 9th Floor,
Mintz Levin, 701 Pennsylvania Ave., NW.
4:00 PM. Michael Carrier (Rutgers University Law School) will present a
paper titled "Cabining Intellectual Property Through a Property
Paradigm" at an event hosted by the Dean Dinwoodey Center for Intellectual
Property Studies at the George Washington University
Law School (GWULS). For more information, contact Robert Brauneis at 202 994-6138
or rbraun@law.gwu.edu. The event is free and
open to the public. See,
notice.
Location: GWULS, Faculty Conference Center, Burns Building, 5th Floor, 716
20th Street, NW.
6:00 - 8:00 PM. The Federal Communications
Bar Association (FCBA) will host the first part of a two part continuing
legal education (CLE) seminar on Homeland Security. Prices vary.
Location: FCC, Commission Meeting Room, 445 12th St., SW.
|
|
|
Friday, October 22 |
12:15 PM. The Federal
Communications Bar Association's (FCBA) Young Lawyers Committee will host
a brown bag lunch. Harry
Martin (President of the FCBA) and Michele Farquhar
(President-Elect of the FCBA) will speak on involvement in the FCBA and
building a career in communications law. For more information, contact Jason
Friedrich at jason.friedrich@dbr.com
or Pam Slipakoff at Pam.Slipakoff@fcc.gov.
Location: Drinker Biddle & Reath, 1500 K Street NW, Suite 1100.
|
|
|
Notice of Change of E-Mail
Address |
The e-mail address for Tech Law Journal has changed. The new address is
as follows:
All previous e-mail addresses no longer operate. This new address is
published as a graphic to avoid e-mail address harvesting, and the associated
spam messages and malicious code messages. If your e-mail system does not
display graphics, see notice in TLJ website.
|
|
|
About Tech Law Journal |
Tech Law Journal publishes a free access web site and
subscription e-mail alert. The basic rate for a subscription
to the TLJ Daily E-Mail Alert is $250 per year. However, there
are discounts for subscribers with multiple recipients. Free one
month trial subscriptions are available. Also, free
subscriptions are available for journalists,
federal elected officials, and employees of the Congress, courts, and
executive branch. The TLJ web site is
free access. However, copies of the TLJ Daily E-Mail Alert are not
published in the web site until one month after writing. See, subscription
information page.
Contact: 202-364-8882.
P.O. Box 4851, Washington DC, 20008.
Privacy
Policy
Notices
& Disclaimers
Copyright 1998 - 2004 David Carney, dba Tech Law Journal. All
rights reserved. |
|
|