Cybertelecom Federal Internet Law & Policy An Educational Project

Internet over Powerline Proceedings

Classification as Information Service

United Power Line Council’s Petition for Declaratory Ruling Regarding the Classification of Broadband over Power Line Internet Access Service as an Information Service, 21 F.C.C.R. 13281 (2006). 

"On December 23, 2005, the United Power Line Council (UPLC) filed a petition for declaratory ruling requesting that the Commission issue a ruling that broadband over power line-enabled Internet access service (BPL) is an information service as defined in the Communications Act of 1934, as amended. In its petition, UPLC argues that BPL is like other broadband services, including cable modem service and Digital Subscriber Lines (DSL), that are classified as information services and thus BPL should be classified as an information service. Additionally, UPLC asserts that classifying BPL as an information service would serve the public interest because it would remove regulatory uncertainty and promote broadband access and competition. Further, UPLC avers that the Commission can issue a declaratory ruling based on the existing record in several proceedings. "

MOO 11/07/06: "In this Memorandum Opinion and Order, we classify Broadband over Power Line (BPL)-enabled Internet access service to be an information service under the Communications Act of 1934, as amended (Communications Act or Act). Additionally, we find that the transmission component underlying BPL-enabled Internet access service is "telecommunications," and that the offering of this telecommunications transmission component as part of a functionally integrated, finished BPL-enabled Internet access service offering is not a "telecommunications service" [and therefore not subject to Title II and the Computer Inquiries]. Further, we find that neither the Communications Act nor relevant precedent mandates that broadband transmission be a "telecommunications service" when provided to an Internet service provider (ISP) as a wholesale input for the ISP's own BPL-enabled Internet access service offering, but that the BPL provider may choose to offer it as such."

UNITED POWER LINE COUNCIL'S PETITION FOR DECLARATORY RULING REGARDING THE CLASSIFICATION OF BROADBAND OVER POWER LINE INTERNET ACCESS SERVICE AS AN INFORMATION SERVICE. Classified Broadband over Power Line (BPL)-enabled Internet access service to be an information service under the Communications Act of 1934, as amended (Communications Act or Act). (Dkt No. 06-10). Action by: the Commission. Adopted: 11/03/2006 by MO&O. (FCC No. 06-165). WCB  FCC-06-165A1.doc FCC-06-165A2.doc FCC-06-165A3.doc FCC-06-165A4.doc FCC-06-165A5.doc FCC-06-165A1.pdf FCC-06-165A2.pdf FCC-06-165A3.pdf FCC-06-165A4.pdf FCC-06-165A5.pdf FCC-06-165A1.txt FCC-06-165A2.txt FCC-06-165A3.txt FCC-06-165A4.txt FCC-06-165A5.txt

CITE AS: In the Matter of United Power Line Council’s Petition for Declaratory Ruling Regarding the Classification of Broadband over Power Line Internet Access Service as an Information Service, WC Docket No. 06-10, Memorandum Opinion and Order, 21 FCC Rcd 13281 (2006) (BPL-Enabled Internet Access Services Order).

Technical Standards

• AMENDMENT OF PART 15 REGARDING NEW REQUIREMENTS AND MEASUREMENT GUIDELINES FOR ACCESS BROADBAND OVER POWER LINE SYSTEMS/CARRIER CURRENT SYSTEMS, INCLUDING BROADBAND OVER POWER LINE SYSTEMS.   Denied the Petition for Reconsideration filed by the national association for Amateur Radio, formally known as the American Radio Relay League. (Dkt No.  04-37 03-104 ). Action by:  the Commission. Adopted:  04/16/2013 by MO&O. (FCC No. 13-53).  OET TXT 
  
• AMENDMENT OF PART 15 REGARDING NEW REQUIREMENTS AND MEASUREMENT GUIDELINES FOR ACCESS BROADBAND OVER POWER LINE SYSTEMS/CARRIER CURRENT SYSTEMS, INCLUDING BROADBAND OVER POWER LINE SYSTEMS.   Affirmed the rules for Access Broadband over Power Line (Access BPL) systems. Made minor modifications to improve and clarify the rules. by Second Report&Order. (Dkt No.  04-37 03-104 ). Action by:  the Commission. Adopted: 10/20/2011 by R&O. (FCC No. 11-160).  OET TXT

Docket(DA No. 06-49). (Dkt No 06-10) United Power Line Council's Petition for Declaratory Ruling regarding classification of BPL as Info Service

"In this Request for Further Comment and Further Notice of Proposed Rulemaking (FNPRM), we 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 Broadband over Power Line (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 reasoned explanation of the choice of an extrapolation factor for use in measurement of emissions from Access BPL systems."

AMENDMENT OF PART 15 REGARDING NEW REQUIREMENTS AND MEASUREMENT GUIDELINES FOR ACCESS BROADBAND OVER POWER LINE SYSTEMS/CARRIER CURRENT SYSTEMS, INCLUDING BROADBAND OVER POWER LINE SYSTEMS. Request for Further Comment and Further Notice of Proposed Rulemaking responds to a DC Circuit Court of Apples remand of the Commission's Report and Order for further consideration and explanation of its decision. by REQUEST FOR FURTHER COMMENT. (Dkt No. 04-37 03-104). Action by: the Commission. Adopted: 07/16/2009 by FNPRM. (FCC No. 09-60). OET TXT

 

Amendment of Part 15 regarding new requirements and measurement guidelines for Access Broadband over Power Line Systems

ET Docket No. 04-37 Order Aug 3, 2006 "In response to various petitions for reconsideration of the Report and Order in this proceeding, we are futher amending Part 15 of our rules regarding the unlicensed operation of Access broadband over power line (BPL) systems. Specifically, we are amending the rules to eliminate the exclusion zone requirement for the ten listed radio astronomy facilities and to add a new exclusion zone for one Very Large Array (VLA) radio astronomy observatory site at 73.0-74.6 MHz. In addition, we are amending 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. We believe these changes will further development and growth of BPL devices. We are denying the petitions for reconsideration in all other respects."

• FCC Adopts Memorandum Opinion and Order on Broadband Over Power Lines to Promote Broadband Service to All Americans.
  MO&O: Word | Acrobat
  News Release (8/3/06): Word | Acrobat
  Martin Statement: Word | Acrobat
  Copps Statement: Word | Acrobat
  Tate Statement: Word | Acrobat
  McDowell Statement: Word | Acrobat
• Amendment Of Part 15 Regarding New Requirements And Measurement Guidelines For Access Broadband Over Power Line Systems; Carrier Current Systems, Including Broadband Over Power Line Systems, FCC 8/8/2006
• Public Notice
• FCC Adopts Memorandum Opinion And Order On Broadband Over Power Lines To Promote Broadband Service To All Americans., FCC 8/8/2006
• Broadband power line systems— United Telecom Council selected as Access Broadband over Power Line database manager, 60840 [05–20992], Fed Reg 10/21/2005
• OET ANNOUNCES UNITED TELCOM COUNCIL TO SERVE AS DATABASE MANAGER FOR ACCESS BROADBAND OVER POWER LINE SYSTEMS; SETS DEADLINE FOR INFORMATION SUBMISSION. (DA No. 05-2701). (Dkt No 04-37). OET., FCC 10/14/2005
• Released: 06/09/2005. OET SEEKS COMMENT ON PROPOSAL BY UNITED TELECOM COUNCIL TO SERVE AS DATABASE MANAGER FOR ACCESS BROADBAND OVER POWER LINE SYSTEMS. (DA No. 05-1637). (Dkt No 04-37). Comments Due: 06/27/2005. Reply Comments Due: 07/05/2005. OET. Contact: Anh Wride at 0577, FCC 6/10/2005
• FCC Promotes Broadband over Power Line, Denies Television Industry and Amateur Radio Requests, GT News 8/8/2006
• Net Over Power Lines Gets FCC Nod, Wired 8/8/2006

1. By this action, we are proposing to amend Part 15 of our 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 companies' power lines.   Because power lines reach virtually every home and community in the country, we believe that these new systems, known as Access broadband over power line or Access BPL, could play an important role in providing additional competition in the offering of broadband services to the American home and consumers, and in bringing Internet and high-speed broadband access to rural and underserved areas.  At the same time, we are cognizant that the possibility of widespread operation of Access BPL raises interference concerns and that we must protect licensed radio services from any harmful interference that might occur.  In this regard, we are proposing to require that BPL systems and devices incorporate capabilities to mitigate harmful interference should it occur.  We are also proposing to adopt administrative requirements to aid in the identification and resolution of harmful interference from Access BPL systems.  Finally, we are proposing to clarify certain measurement guidelines for all types of carrier current systems that use electric wiring and electrical outlets within homes and buildings to transfer information between computers and other electronic devices.  With these proposals, we take an important step towards promoting the deployment of new broadband networks that are expected to enhance the economic, educational and social well-being of all Americans.  Specifically, we believe that the proposed changes will remove regulatory uncertainties and facilitate the introduction and use of this promising new technology. 

• Notice of Proposed Rulemaking February 23, 3004
• Released: 03/23/2004. AMENDMENT OF PART 15 REGARDING NEW REQUIREMENTS AND MEASUREMENT GUIDELINES FOR ACCESS BROADBAND OVER POWER LINE SYSTEMS. (DA No. 04-760). (Dkt No 04-37). OET. Contact: Anh Wride at 0577, 2989, email: anh.wride, FCC 3/23/2004
• Released: 03/23/2004. AMENDMENT OF PART 15 REGARDING NEW REQUIREMENTS AND MEASUREMENT GUIDELINES FOR ACCESS BROADBAND OVER POWER LINE SYSTEMS. (DA No. 04-760). (Dkt No 04-37).
• AMENDMENT OF PART 15 REGARDING NEW REQUIREMENTS AND MEASUREMENT GUIDELINES FOR ACCESS BROADBAND OVER POWER LINE SYSTEMS (ET DOCKET NO. 04-37). Issued Erratum correcting Report and Order, FCC 04-245, released October 28, 2004. (Dkt No. 03-104 , 04-37). Act, FCC 11/16/2004
• FCC Release Order Adopting Rules for Broadband Over Power Lines to Increase Competition and Promote Broadband Service to All Americans., FCC 10/29/2004
• JOINT STATEMENT ON BROADBAND OVER POWER LINE COMMUNICATIONS SERVICES BY CHAIRMAN PAT WOOD, III, OF THE FEDERAL ENERGY REGULATORY COMMISSION, AND CHAIRMAN MICHAEL K. POWELL OF THE FEDERAL COMMUNICATIONS COMMISSION. STMT OCH. Contact David Fiske at 41, FCC 10/19/2004
• FCC Adopts Rules for Broadband Over Power Lines to Increase Competition and Promote Broadband Service to All Americans., FCC 10/15/2004
• Power Surfing, CNET 2/24/2004
• FCC Proposes Rules for Broadband Over Power Lines to Promote Broadband Service to Underserved Areas and Increase Competition., FCC 2/24/2004

Internet over Powerline NOI ET Docket 03-104

"FCC Proposes Rules for Broadband Over Power Lines to Promote Broadband Service to Underserved Areas and Increase Competition As part of its ongoing efforts to promote access to broadband services for all Americans and to encourage new facilities-based broadband platforms, the Federal Communications Commission today proposed changes to certain technical rules that will foster broadband deployment using the significantly untapped capabilities of the nation's power grid, while safeguarding existing services against harmful interference. The Part 15 rule changes, proposed in a Notice of Proposed Rulemaking (Notice), set forth procedures to measure the radiofrequency (RF) energy emitted by equipment used to provide broadband service over power lines and establish particularized interference mitigation requirements. By facilitating access to broadband over power lines (BPL), the Commission takes an important step toward increasing the availability of broadband in rural and underserved areas because power lines reach virtually every home and community in the country. In areas in which consumers already have broadband access, BPL enhances competition by providing another broadband alternative. These proposed changes will also facilitate the ability of electric utilities to dynamically manage the power grid itself, increasing network reliability. Specifically, the Notice adopted by the Commission: - proposes rules requiring BPL devices to employ adaptive interference mitigation techniques to prevent harmful interference to existing users, such as public safety and amateur radio operators. These techniques would enable BPL devices to cease operations altogether, dynamically reduce transmit power, and/or avoid operating on specific frequencies to prevent harmful interference; - proposes developing a public database that would include such information as location, operational frequencies, and modulation type of BPL devices, which will facilitate the resolution of interference issues in a timely fashion; - seeks comment on specific RF measurement guidelines for BPL devices and other carrier current systems. These guidelines will ensure that emission measurements for these systems are made in a consistent manner. While the Notice addresses RF measurement guidelines, it does not propose any changes to existing applicable emission limits. Notably, some electric utilities already use a lower speed version of BPL technology to manage their internal networks. Widespread deployment of BPL devices will afford these same companies added benefits such as, remote power outage notification, load management to reduce peak power usage, improved load balancing, and remote meter reading capabilities. 

• February 12, 2004
   News Release: Word | Acrobat
  Powell Statement: Word | Acrobat
  Abernathy Statement: Word | Acrobat
  Copps Statement: Word | Acrobat
  Martin Statement: Word | Acrobat
  Adelstein Statement: Word | Acrobat

  April 23, 2003
  News Release: Word | Acrobat
  Powell Statement: Word | Acrobat
  Abernathy Statement: Word | Acrobat
  Copps Statement: Word | Acrobat
  Martin Statement: Word | Acrobat
  Adelstein Statement: Word | Acrobat

• FCC Begins Inquiry Regarding Broadband Over Power Line., FCC 4/28/03
• INQUIRY REGARDING CARRIER CURRENT SYSTEMS, INCLUDING BROADBAND OVER POWER LINE SYSTEMS. Initiated an inquiry to obtain information on a variety of issues related to Broadband over Power Line (BPL) systems. Action by: the Commission. Adopted: 04/23/2003 by NOI. (FCC No. 03-100). OET (comments 45 days from publication in Fed Reg), FCC 4/28/03
• INQUIRY REGARDING CARRIER CURRENT SYSTEMS, INCLUDING BROADBAND OVER POWER LINE SYSTEMS. Order Granting An Extension of Time To File Reply Comments. (Dkt No. 03- 104). Action by: Chief, Office of Engineering and Technology. Reply Comments Due: 08/20/2003. A, FCC 8/4/2003
• FCC Proposes Rules for Broadband Over Power Lines to Promote Broadband Service to Underserved Areas and Increase Competition., FCC 2/12/2004
• "The Future is Bright for Powerline Broadband:" Chairman Powell Statement Following Broadband Over Powerline Demonstration., FCC 7/20/2004
• Reaching Broadband Nirvana, United PowerLine Council Annual Conference Remarks of Commissioner Kathleen Q. Abernathy September 22, 2003
• Acting Assistant Secretary of Commerce Michael D. Gallagher's PowerPoint presentation to the Power Line Communications Association 3rd Annual Conference & Strategic Business Briefing on December 11, 2003, has been posted., NTIA 1/13/2004
• April 17, 2003 TAC Meeting:  Power Line communications [PowerPoint] (4/25/03)
• Nortel, High Speed Power Line Networks
• Nortel, Powerline Communications Challenges, Solutions, and Opportunities
• NTIA applauds FCC's Notice of Inquiry on broadband power line communications in a letter from Assistant Secretary of Commerce Nancy J. Victory to Federal Communications Commission (FCC) Chairman Michael K. Powell., NTIA 4/28/03

Litigation

• American Radio Relay League, Inc. v. FCC & USA , No. 06-1343 (D.C. Circuit) challenging
• Amendment of Part 15 Regarding New Requirements and Measurement Guidelines for Access Broadband Over Power Line Systems , ET Docket No. 04-37 and Carrier Current Systems, Including Broadband Over Power Line Systems , ET Docket No. 03-104, Report and Order, FCC 04-245, 19 FCC Rcd 21265 (2004);
• Amendment of Part 15 Regarding New Requirements and Measurement Guidelines for Access Broadband Over Power Line Systems , ET Docket No. 04-37 and Carrier Current Systems, Including Broadband Over Power Line Systems , ET Docket No. 03-104, Memorandum Opinion and Order, FCC 06-113, 21 FCC Rcd 9308 (2006).