[Federal Register: March 17, 2004 (Volume 69, Number 52)]
[Proposed Rules]
[Page 12612-12618]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr04-29]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 15
[ET Docket No. 03-104 and ET Docket No. 04-37; FCC 04-29]
Broadband Power Line Systems
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This document proposes to amend the Commission's 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.
DATES: Comments must be filed on or before May 3, 2004, and reply
comments must be filed on or before June 1, 2004.
FOR FURTHER INFORMATION CONTACT: Anh Wride, Office of Engineering and
Technology, (202) 418-0577, e-mail: Anh.Wride@fcc.gov, TTY (202) 418-
2989.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rule Making, ET Docket No. 03-104 and ET Docket No. 04-37,
FCC 04-29, adopted February 12, 2004, and released February 23, 2004.
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., Washington, DC 20554. The complete text of
this document also may be purchased from the Commission's copy
contractor, Qualex International, 445 12th Street, SW., Room, CY-B402,
Washington, DC 20554. The full text may also be downloaded at:
http://www.fcc.gov. Alternate formats are available to persons with
disabilities by contacting Brian Millin at (202) 418-7426 or TTY (202)
418-7365.
Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments on or before
May 3, 2004, and reply comments on or before June 1, 2004. Comments may
be filed using the Commission's Electronic Comment Filing System (ECFS)
or by filing paper copies. See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121, May 1, 1998. Comments filed
through the ECFS can be sent as an electronic file via the Internet to
http://www.fcc.gov/e-file/ecfs.html. Generally, only one copy of an
electronic submission must be filed. If multiple docket or rulemaking
numbers appear in the caption of this proceeding, however, commenters
must transmit one electronic copy of the comments to each docket or
rulemaking number referenced in the caption. In completing the
transmittal screen, commenters should include their full name, U.S.
Postal Service mailing address, and the applicable docket or rulemaking
number. Parties may also submit an electronic comment by Internet e-
mail. To get filing instructions for e-mail comments, commenters should
send an e-mail to ecfs@fcc.gov, and should include the following words
in the body of the message, ``get form .'' A sample form and directions will be sent in
reply. Parties who choose to file by paper must file an original and
four copies of each filing. If more than one docket or rulemaking
number appears in the caption of this proceeding, commenters must
submit two additional copies for each additional docket or rulemaking
number.
All filings must be addressed to the Commission's Secretary, Office
of the Secretary, Federal Communications Commission. Filings can be
sent by hand or messenger delivery, by commercial overnight courier, or
by first-class or overnight U.S. Postal Service mail (although we
continue to experience delays in receiving U.S. Postal Service mail).
The Commission's contractor, Natek, Inc., will receive hand-delivered
or messenger-delivered paper filings for the Commission's Secretary at
236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The
filing hours at this location are 8 a.m. to 7 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes
must be disposed of before entering the building. Commercial overnight
mail (other than U.S. Postal Service Express Mail and Priority Mail)
must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class mail, Express mail, and Priority Mail
should be addressed to 445 12th Street, SW., Washington, DC 20554.
Summary of Notice of Proposed Rulemaking
1. The Notice of Proposed Rulemaking (``NPRM'') proposes to amend
part 15 of the Commission's 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
[[Page 12613]]
the proposed changes will remove regulatory uncertainties and
facilitate the introduction and use of this promising new technology.
Description of BPL
2. Traditionally, various low-power, unlicensed devices or systems
have used the alternating current (AC) power lines to carry information
by coupling radio frequency (RF) energy to the AC electrical wiring.
These unlicensed devices include AM radio systems on school campuses
and devices intended for the home, such as intercom systems and remote
controls for electrical appliances and lamps. Until recently, carrier
current devices have operated generally on frequencies below 2 MHz with
relatively limited communications capabilities. Because of the inherent
impedance and attenuation variations of power lines and noise from
devices such as dimmer switches, motorized electrical appliances, and
computers switching on and off, reliable high-speed communications over
power lines have been difficult to achieve. However, the availability
of faster digital processing capabilities and the development of
sophisticated modulation schemes have produced new designs that can
overcome these technical obstacles. These new designs have led to the
development of new BPL systems that use spread spectrum or multiple
carrier techniques and that incorporate adaptive algorithms to counter
the noise in the line.
3. The new low-power, unlicensed BPL systems couple RF energy onto
the existing electric power lines to provide high-speed communications
capabilities. BPL systems may operate either inside a building (``In-
House BPL'') or over utility poles and medium voltage electric power
lines (``Access BPL''). In-House BPL systems use the electrical outlets
available within a building to transfer information between computers
and between other home electronic devices, eliminating the need to
install new wires between devices. Using this technology, consumers can
readily implement home networks. Access BPL systems can be used to
provide high speed Internet and other broadband services to homes and
businesses. In addition, electric utility companies can use Access BPL
systems to monitor, and thereby more effectively manage their electric
power distribution operations. Given that Access BPL capability can be
made available in conjunction with the delivery of electric power, it
may provide an effective means for ``last-mile'' delivery of broadband
services and may offer a competitive alternative to digital subscriber
line (DSL), cable modem services and other high-speed Internet
technologies.
4. Most Access BPL systems today operate on frequencies up to 50
MHz with very low power signals spread over a broad range of
frequencies. These frequencies are also used by licensed radio services
that must be protected from harmful interference as BPL systems operate
on an unlicensed basis under part 15 of the Commission's rules. In the
radio spectrum below 50 MHz, incumbent authorized operations include
fixed, land mobile, aeronautical mobile, maritime mobile,
radiolocation, broadcast radio, amateur radio terrestrial and
satellite, and radio-astronomy. Users of this spectrum also include,
for example, public safety and Federal government agencies.
Existing Part 15 Rules for BPL
5. Carrier current devices, including BPL equipment, are subject to
the Commission's existing part 15 rules for low-power, unlicensed
equipment that operates on a non-interference basis. At the present
time, the part 15 rules provide specific radiated and conducted
emission limits for carrier current systems operating below 30 MHz. The
radiated emission limits apply from 9 kHz and vary with frequency.
There is no limit on conducted emissions for carrier current systems
that contain their fundamental emission within the standard AM
broadcast band of 535 to 1705 kHz and are intended to be received using
standard AM broadcast receivers. All other carrier current systems
operating below 30 MHz are subject to a conducted emission limit only
within the AM broadcast band. Carrier current devices that do not
operate at frequencies below 30 MHz are subject to the general
conducted limits below 30 MHz.
Notice of Inquiry
6. In April 2003, the Commission issued a Notice of Inquiry
(Inquiry), 68 FR 28182, May 23, 2003, on BPL technologies and systems.
The Inquiry was issued to solicit comments to assist the Commission in
reviewing its part 15 rules to facilitate the deployment of Access BPL
while ensuring that licensed services continue to be protected. In the
Inquiry, the Commission encouraged continued deployment of Access BPL
systems that comply with the existing rules.
7. In the Inquiry, the Commission asked for comments on the
characteristics of BPL technology, the status of deployment of BPL and
any standards work related to BPL. The Commission also asked for
comments on the probable interference environment and propagation
patterns of BPL and the mitigation techniques used by BPL to avoid
interference. The Commission further asked whether it would be possible
to develop a standardized measurement method for testing BPL, and if
so, how to develop it. It requested input on whether there are any
international standards that should be investigated for possible
adoption in order to facilitate the development of BPL products for a
global marketplace. In addition, the Commission sought comments on
issues related to the authorization of BPL and the types of components
of Access BPL that would be subject to equipment authorization.
Finally, the Commission sought input on whether power line carrier
systems currently deployed by the utility companies to control and
monitor the electrical system would be replaced in the future with the
new high speed BPL equipment and on any associated issues with the
coexistence of the older control systems with the new BPL systems. (See
paragraphs 9 through 29 of the NPRM for full discussion).
8. As indicated in the Notice of Inquiry and supported by the
responsive comments, we believe that Access BPL offers the promise of a
new method for delivery of broadband services to residential,
institutional, and commercial users. Because power lines reach
virtually every home, school, and business in the United States, Access
BPL technology could play an important role in providing high-speed
Internet and broadband services to rural and remote areas of the
country. Thus, significant areas of the country still lack broadband
access and many others lack competition for such services, and we
believe that Access BPL could serve as a means to reach those areas.
Since Access BPL uses the same power lines that carry electricity
virtually everywhere, much of the infrastructure needed to operate this
technology is already in place, so that major savings in deployment
costs and capital may be realized in its deployment. Access BPL could
also serve to provide new competition to existing broadband services,
such as cable and DSL. In addition, Access BPL may allow electric
utilities to improve the safety and efficiency of the electric power
distribution system and also further our national homeland security by
protecting this vital element of the U.S. critical infrastructure.
Moreover, Access BPL is being developed worldwide, and encouraging the
deployment of the technology in the United States will support
globalization of products and
[[Page 12614]]
services, promote continued U.S. leadership in broadband technology,
and bring important benefits to the American public.
9. We recognize the significant concerns of existing radio users
regarding the potential for harmful interference from Access BPL
operations. After careful consideration, however, we believe that these
interference concerns can be adequately addressed. We believe that
Access BPL systems can operate successfully under the non-interference
requirements of the part 15 rules. Under these rules, operators of
Access BPL systems will be responsible for eliminating any harmful
interference that may occur. Furthermore, we believe that the current
part 15 emission limits for carrier current systems in conjunction with
certain additional requirements specific to Access BPL operations will
be adequate to ensure that existing radio operations are protected
against harmful interference from such operations. We therefore are
proposing changes to our part 15 rules that we believe will facilitate
the deployment of Access BPL technology while protecting licensed users
of the spectrum. Specifically, we are proposing to: (1) Define Access
BPL for purposes of our rules; (2) maintain the existing part 15
emission limits for Access BPL; (3) require that Access BPL devices
employ adaptive interference mitigation techniques; (4) require that
Access BPL providers maintain a database of installation locations and
technical information; and (5) adopt specific measurement guidelines
for both Access BPL and other carrier current systems to ensure that
measurements are made in a consistent manner and provide for repeatable
results in determining compliance with our rules.
Definition of Access BPL
10. We propose to define Access BPL as a carrier current system
operating on any electric power transmission lines owned, operated or
controlled by an electrical power provider, as follows:
Access Broadband over power line (Access BPL): A carrier current
system that transmits radio frequency energy by conduction over
electric power lines owned, operated, or controlled by an electric
service provider. The electric power lines may be aerial (overhead) or
underground.
We believe that this definition is consistent with the concept of
Access BPL and the current and planned deployment of this technology.
We request comment on this definition of Access BPL. Interested parties
are invited to submit suggestions for alternative definitions. Such
submissions should include a complete description of what would be
included in the definition of Access BPL and why. We also request
comment on whether there are entities that plan to own/operate Access
BPL over the electric power lines but would not be electrical power
providers or a subsidiary of the incumbent electric power provider.
Access BPL Emission Limits
11. Existing spectrum users are concerned that emissions from
Access BPL systems and devices could adversely affect their operations.
BPL proponents, on the other hand, suggest that any impact from Access
BPL would be minimal and some argue that emission levels higher than
the current part 15 limits would be acceptable and allow more cost-
effective system implementations. At this time, the Commission believe
that we should proceed cautiously. We recognize that unlicensed
operations in the HF band presents a number of unique challenges given
the propagation characteristics of this range of frequencies and the
diversity of licensed users. Accordingly, in order to better ensure
protection of existing radio services, we are proposing to continue to
apply the existing part 15 emission limits for carrier current systems
to Access BPL systems. While we agree that there is some potential for
Access BPL to cause harmful interference to radio services, we also
tentatively conclude that the likelihood of such harmful interference
is low under the current limits and that where such interference does
occur, there are remedies that the Access BPL operator can employ to
eliminate such interference. On balance, we believe that the benefits
of Access BPL for bringing broadband services to the public are
sufficiently important and significant as to outweigh the potential for
increased harmful interference that may arise. Furthermore, we are
proposing to subject Access BPL operations to the existing part 15
radiated emission limits for carrier current systems. In addition, we
are proposing that Access BPL devices include technical capabilities
and administrative procedures to ensure that the potential for harmful
interference is minimized and that any instances of harmful
interference are quickly resolved.
12. To ensure that any effect of the power line is taken into
consideration when testing for compliance with our part 15 rules, we
are proposing to modify the measurement procedures for Access BPL
systems, as set forth in Appendix C of the NPRM, to specify that
emission measurements be made at several specific distances from the
Access BPL equipment source, and that measurements be taken parallel to
the power line to find the maximum emissions from the BPL system. We
seek comment on our proposed measurement guidelines.
13. With regard to potential interference to the non-amateur radio
services, such as public safety, maritime and other operations, we
believe that the risk of harmful interference from Access BPL
operations is low. In general, we believe that a properly designed and
operated BPL system will pose little interference hazard to non-amateur
services such as aeronautical, maritime and public safety. However, we
recognize in our analysis that public safety systems merit particular
attention because of the often critical nature of their communications.
In analyzing the potential for harmful interference to public safety
systems we took into account the fact that low-level part 15 signals
from Access BPL devices attenuate rapidly as the distance from the
device increases; and that most public safety systems are designed so
that mobile and portable units receive a signal level significantly
above the noise floor. From an interference analysis standpoint, this
latter characteristic distinguishes public safety systems from amateur
radio stations using high-sensitivity receivers to receive signals from
transmitters often thousands of miles away. However, it is foreseeable
that under certain rare circumstances a public safety unit could: (a)
operate in close proximity to an Access BPL device; (b) be tuned to a
frequency radiated by the Access BPL device; and (c) be receiving a
weak signal from a distant, or obstructed, public safety base station.
In general, potential harmful interference under these conditions would
be limited to public safety units operating on systems using low-band
VHF channels (25-50 MHz). Therefore, it appears that the interference
protections we propose herein--and the strict ``no interference''
restriction inherent in the part 15 rules--will be adequate to
foreclose such rare instances of harmful interference to public safety
systems. While we tentatively conclude that the measures proposed
herein are adequate, we request comment on whether any additional
measures are needed to protect particular operations, such as public
safety. For example, should we require Access BPL system to coordinate
with public safety agencies that use the
[[Page 12615]]
HF band for state-wide public safety communications?
14. We are proposing to maintain the existing part 15 radiated
emission limits for Access BPL systems and devices. In addition, we are
proposing to exempt Access BPL systems from the existing conducted
emission limits of Sec. 15.107(c). Because Access BPL systems are
installed on power lines that can carry 1,000 volts to 40,000 volts,
conducted emission measurements are very difficult to measure, and
present safety hazards in connecting test equipment to these lines. We
do not believe that this exemption would have any impact on
interference potential since Access BPL would still be required to
comply with our radiated emissions rules. We seek comment on these
proposals. We further seek comment on whether Access BPL would in some
instances operate in the AM broadcast band (from 535 to 1705 kHz), and
whether specific conducted requirements are needed in such situations.
Access BPL Operational Requirements
15. To further address the interference concerns raised in the
Inquiry, we are proposing certain additional technical and
administrative requirements for Access BPL. First, we are proposing to
require that Access BPL systems and devices incorporate capabilities
that would allow the operator to modify system performance to mitigate
or avoid harmful interference to radio services. Such adaptive
interference mitigation techniques would include, for example, the
capability to reduce power levels on a dynamic or remote controlled
basis, and the ability to include or exclude specific operating
frequencies or bands. This capability would allow operators to avoid
localized and site-specific harmful interference.
16. We believe that this requirement is reasonable and practicable
for Access BPL operators and equipment manufacturers to implement. We
observe that a number of Access BPL devices currently employ OFDM
modulation techniques, which facilitate the ability to dynamically
select the specific frequencies used to provide service and to avoid
use of specific frequencies where operation might result in harmful
interference. In this regard, we note that PowerWAN states that
``notching'' of specific frequency is technically feasible. Ambient
indicates that its equipment will be able to notch out individual
frequencies ``on the fly,'' in response to short term changes in the RF
environment. Main.Net states that it already has the capability to
remotely control the operating frequencies and power of their
installations.
17. Second, we propose to require that Access BPL devices
incorporate a shut-down feature that would deactivate units found to
cause harmful interference, and thereby allow speedy implementation of
interference mitigation measures. It is our understanding that most
Access BPL devices already possess this capability. We seek comment on
these proposals and invite suggestions for alternative approaches. In
particular, we request comment on whether we should have specific
requirements regarding the above mitigation approaches. For example,
should we require that each Access BPL device be capable of operating
across a minimum range frequencies and have the capability to remotely
exclude a specific percentage of frequencies within this range. We also
seek comment on the cost and effectiveness of these or alternative
approaches. To the extent possible, we encourage potential BPL
providers and BPL equipment manufacturers to work with amateurs and
other existing licensed services to develop such appropriate mitigation
requirements. We seek comment on the appropriate period of time that we
should allow for BPL systems to come into compliance with any new
requirements that we may adopt pursuant to this rule making proceeding.
We further seek comment on whether Access BPL systems currently
deployed should be required to be brought into compliance with the new
rules, and if so, what period of time should be afforded for them to
come into compliance.
18. Finally, we propose to subject Access BPL systems to a
notification requirement similar to the notification requirements in
our rules for power line carrier (PLC) systems. Under this requirement,
an Access BPL system operator would submit information on its system to
an industry-operated entity. The objective of the proposed notification
would be to establish a publicly accessible database for Access BPL
information to ensure that the location of Access BPL systems and their
operating characteristics are identified if harmful interference occurs
and to facilitate interference mitigation and avoidance measures. We
propose that this notification includes information on the location of
the installation, the type of modulation used and the frequency bands
of operation. We seek input on these proposals. We also request comment
and suggestions on the appropriate industry-operated entity that we
should select to receive the notifications and maintain the Access BPL
data base. We also seek comment on other approaches for making this
information available. For example, would it more reasonable to allow
each Access BPL operator to maintain a database of its own rather than
require a more centralized data base? Commenting parties are requested
to submit information on the benefits of such approaches. We further
seek input on any resulting burdens that the proposed notification
requirement may place on entities operating Access BPL systems, and any
impact of a notification system on the availability of customer data as
well as how any concerns regarding the proprietary nature of that data
can be addressed.
Equipment Authorization and Measurement Guidelines
19. Equipment Authorization. We propose to retain the Verification
procedure for Access BPL. Consistent with the objective that our
regulatory requirements keep pace with technology development, we
recognize that we must balance administrative burdens and the need to
ensure compliance with our rules. We agree with commenting parties such
as Phonex Broadband Corporation (Phonex) and UPLC that the
authorization procedure for BPL should be the same as for all
unintentional radiators, including traditional types of carrier current
systems. Low-speed carrier current systems, which for a number of years
have been operating inside buildings, have rarely been a source of
harmful interference to radio communications, and the use of the
verification procedure has been adequate to ensure that such systems
comply with the rules. We seek comment on this proposal.
20. Access BPL Measurement Guidelines. Because Access BPL is a new
implementation of carrier current techniques, there are no existing
measurement guidelines for this type of equipment. We tentatively
propose that Access BPL systems, including all BPL electronic devices,
e.g., couplers, injectors, extractors, repeaters, boosters,
concentrators installed on the electric utility overhead or underground
medium voltage lines etc., be measured in-situ to demonstrate
compliance with our part 15 rules, at a minimum of three overhead and
three underground representative locations, using the measurement
guidelines in Appendix C of the NPRM. Consistent with existing FCC
measurement procedures, measurements below 30 MHz must be performed
with a magnetic loop antenna, while those above 30 MHz are performed
using an electric field sensing antenna. For Access BPL in
[[Page 12616]]
underground installations, the proposed guidelines employ the common
principle of measuring radiated fields along a number of radials at a
specified distance from the periphery of the pad-mounted above-ground
transformer where the Access BPL equipment is located, to find the
maximum emissions. For Access BPL installed on overhead lines, in order
to take into account the effect of the long power line associated with
the Access BPL equipment, our proposed guidelines specify measurements
at fixed horizontal distances from the power line where the Access BPL
source is installed. Thus, rather than finding the maximum emissions
across a number of radials,--as currently performed for other part 15
emitters--the receive antenna is moved down-line, parallel to the power
line, starting from the Access BPL equipment location, to find the
maximum emissions. Down-line distances used in this sequence of
measurements are specified in terms of wavelength of the Access BPL
mid-band frequency. We seek comment on these guidelines.
21. In addition, we specifically solicit comments on the height of
receive antennas used for radiated emissions measurements for Access
BPL systems operating on overhead power lines and on the possible use
of correction factors to account for antenna height. The proposed
guidelines in Appendix C of the NPRM recommend a fixed loop antenna
height at 1 meter and scanning the height of electric field sensing
antennas from 1 to 4 meters. While these recommendations correspond to
standard practice for other types of devices (especially when measured
on a test site), these heights may not capture the maximum emissions
from an overhead power line. In Appendix C of the NPRM, we address this
issue by specifying that distance extrapolation for emission
measurements on overhead lines be based on slant-range distance from
the Access BPL location on the pole to the measuring antenna, rather
than on horizontal distance.
22. However, this technique does not account for field strength
reductions caused by ground effects. We seek comment on the following:
(a) Is it necessary to require that emission measurements be
conducted at antenna heights greater than those proposed in Appendix C
of the NPRM?
(b) Is it practical and safe to make in-situ emission measurements
at antenna heights up to the height of an overhead medium voltage power
line (typically 11 meters) when operating 10 meters from the power
line? As an alternative to requiring higher antenna heights, should we
specify that measurements that are performed at heights significantly
lower than the power line be subjected to a correction factor to
estimate the maximum field strength that would have been observed at a
higher measurement height? How should such a correction factor be
determined?
23. Measurement Guidelines for Other Carrier Current Systems. In
the Inquiry, the Commission observed that the International
Electrotechnical Commission (IEC), International Special Committee on
Radio Interference (CISPR) Subcommittee I on Interference Relating To
Multimedia Equipment, Working Group 3 on Emission from Information
Technology Equipment is developing conducted emission limits for new
BPL technologies. We note however that this international work on a
standardized measurement method for In-House BPL is still under way,
including work on the definition of a line impedance stabilization
network (LISN), associated injection methods, and conducted emission
limits for systems using the power line port as a communication port.
We tentatively propose in the interim, pending the completion of such
work, to retain the three-installation radiated emissions method for
In-House BPL and traditional CCS, using the measurement guidelines in
Appendix C of the NPRM, which clarify principles used regarding in-situ
test buildings, device installation location within a building,
measurement distances from the building, measurement of emissions from
overhead power feed lines to the building, and device operation. We
seek comment on the measurement guidelines of Appendix C of the NPRM,
for In-House BPL and CCS.
24. In conclusion, we believe that Access BPL has the potential to
offer a number of significant benefits, such as (1) increasing the
availability of broadband services to homes and businesses; (2)
improving the competitiveness of the broadband services market; (3)
improving the quality and reliability of electric power delivery; and,
(4) advancing homeland security. We believe that our proposals
contained herein to adopt new part 15 technical and administrative
rules for Access BPL will help promote and foster the development of
this new technology with its concomitant benefits while at the same
time ensuring that existing licensed operations are protected from
harmful interference. We further believe that our proposed measurement
guidelines for Access BPL and CCS will ensure that emission
measurements for determining the compliance of these systems with FCC
requirements are made in a consistent manner, and with repeatable
results. We request comments on these conclusions and on all aspects of
the proposals herein.
Initial Regulatory Flexibility Analysis
25. As required by the Regulatory Flexibility Act of 1980 as
amended,\1\ the Commission has prepared this present Initial Regulatory
Flexibility Analysis (IRFA) of the possible significant economic impact
on small entities by the policies and rules proposed in this Notice of
Proposed Rulemaking (``NPRM''). Written public comments are requested
on this IRFA. Comments must be identified as responses to the IRFA and
must be filed by the deadlines for comments provided in paragraph 53 of
the NPRM. The Commission will send a copy of this NPRM, including the
IRFA, to the Chief Counsel for Advocacy of the Small Business
Administration (SBA).\2\ In addition, the NPRM and IFRA (or summaries
thereof) will be published in the Federal Register.\3\
---------------------------------------------------------------------------
\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et. seq. has
been amended by the Contract With America Advancement Act of 1996,
Public Law 104-112, 110 Stat. 847 (1996) (``CWAAA''). Title II of
the CWAAA is the Small Business Regulatory Enforcement Fairness Act
of 1996 (``SBREFA'').
\2\ See 5 U.S.C. 603(a).
\3\ See 5 U.S.C. 603(a).
---------------------------------------------------------------------------
A. Need for, and Objectives of, the Proposed Rules
26. A number of parties are currently operating Access BPL under
our part 15 rules. Access BPL systems are new types of carrier current
system that operate on an unlicensed basis under part 15. Access BPL
systems use existing electrical power lines as a transmission medium to
provide high-speed communications capabilities by coupling RF energy
onto the power line. Because power lines reach virtually every
community in the country, we believe that Access BPL could play an
important role in providing additional competition in the offering of
broadband infrastructure to the American home and consumers. In
addition, BPL could bring Internet and high-speed broadband access to
rural and underserved areas, which often are difficult to serve due to
the high costs associated with upgrading existing infrastructure and
interconnecting communication nodes with new technologies. We propose
to amend part 15 of our rules to adopt new requirements and measurement
guidelines for Access broadband over
[[Page 12617]]
power line (BPL). Specifically, we propose new part 15 requirements for
Access BPL to promote its growth while continuing to protect licensed
spectrum users. We further propose to adopt new measurement guidelines
for Access BPL, both in aerial (overhead) and underground
configurations. For In-House BPL and traditional CCS, we propose to
clarify the measurement guidelines to ensure that measurements are made
in a consistent manner and provide for repeatable results in
determining compliance with our rules. These actions will remove
regulatory uncertainties, promote the deployment of BPL to bring the
necessary competition in the provisioning of broadband applications to
the American public as well as new high speed broadband access to
underserved areas of the country, while ensuring that licensed users
continue to be protected from harmful interference.
B. Legal Basis
27. This action is taken pursuant to sections 1, 4, 301, 302(a),
303, 307, 309, 316, 332, 334, and 336 of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154, 301, 302(a), 303, 307, 309, 316,
332, 334, and 336.
C. Description and Estimate of the Number of Small Entities To Which
the Proposed Rules Will Apply
28. The RFA directs agencies to provide a description of, and,
where feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted.\4\ The RFA defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small business concern''
under Section 3 of the Small Business Act.\5\ Under the Small Business
Act, a ``small business concern'' is one that: (1) Is independently
owned and operated; (2) is not dominant in its field of operations; and
(3) meets may additional criteria established by the Small Business
Administration (SBA).\6\
---------------------------------------------------------------------------
\4\ See U.S.C. 603(b)(3).
\5\ Id. 601(3).
\6\ Id. 632.
---------------------------------------------------------------------------
29. A small organization is generally ``any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.'' \7\ Nationwide, as of 1992, there were
approximately 275,801 small organizations.\8\ The term ``small
governmental jurisdiction'' is defined as ``governments of cities,
counties, towns, townships, villages, school districts, or special
districts, with a population of less than fifty thousand.'' \9\ As of
1997, there were approximately 87,453 governmental jurisdictions in the
United States.\10\ This number includes 39,044 counties, municipal
governments, and townships, of which 27,546 have populations of fewer
than 50,000 and 11,498 counties, municipal governments, and townships
have populations of 50,000 or more. Thus, we estimate that the number
of small governmental jurisdictions is approximately 75,955 or fewer.
---------------------------------------------------------------------------
\7\ 5 U.S.C. 601(4).
\8\ 1992 Economic Census, U.S. Bureau of the Census, Table 6
(special tabulation of data under contract to Office of Advocacy of
the U.S. Small Business Administration).
\9\ 5 U.S.C. 601(5).
\10\ 1995 Census of Governments, U.S. Census Bureau, United
States Department of Commerce, Statistical Abstract of the United
States (2000).
---------------------------------------------------------------------------
30. The proposed rules pertain to manufacturers of unlicensed
communications devices. The appropriate small business size standard is
that which the SBA has established for radio and television
broadcasting and wireless communications equipment manufacturing. This
category encompasses entities that primarily manufacture radio,
television, and wireless communications equipment.\11\ Under this
standard, firms are considered small if they have 750 or fewer
employees.\12\ Census Bureau data for 1997 indicate that, for that
year, there were a total of 1,215 establishments \13\ in this
category.\14\ Of those, there were 1,150 that had employment under 500,
and an additional 37 that had employment of 500 to 999. The percentage
of wireless equipment manufacturers in this category is approximately
61.35%,\15\ so the Commission estimates that the number of wireless
equipment manufacturers with employment under 500 was actually closer
to 706, with and additional 23 establishments having employment of
between 500 and 999. Given the above, the Commission estimates that the
great majority of wireless communications equipment manufacturers are
small businesses. We do not believe this action would have a negative
impact on small entities that manufacture unlicensed BPL devices.
Indeed, we believe the actions should benefit small entities because it
should make available increased business opportunities to small
entities. We request comment on these assessments.
---------------------------------------------------------------------------
\11\ NAICS code 334220.
\12\ Id.
\13\ The number of ``establishments'' is a less helpful
indicator of small business prevalence in this context than would be
the number of ``firms'' or ``companies,'' because the latter take
into account the concept of common ownership or control. Any single
physical locations for an entity is an establishment, even though
that location may be owned by a different establishment. Thus, the
numbers given may reflect inflated numbers of businesses in this
category, including the numbers of small businesses. In this
category, the Census breaks-out data for firms or companies only to
give the total number of such entities for 1997, which was 1,089.
\14\ U.S. Census Bureau, 1997 Economic Census, Industry Series:
Manufacturing, ``Industry Statistics by Employment Size,'' Table 4,
NAICS code 334220 (issued August 1999).
\15\ Id. Table 5, ``Industry Statistics by Industry and Primary
Product Class Specialization: 1997.''
---------------------------------------------------------------------------
D. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements
31. Part 15 carrier current devices are already required to be
authorized under the verification procedure as a prerequisite to
marketing and importation. The reporting and recordkeeping requirements
associated with the equipment authorization procedures would not be
changed by the proposals contained in this Notice.
32. We propose to adopt new requirements for Access BPL to ensure
protection of licensed spectrum users from harmful interference. These
requirements include the proposed technical requirement for adaptive
interference mitigation capabilities and the proposed notification of
Access BPL systems in a database similar to the one required for
existing Power Line Carrier systems. Although these proposals do
somewhat increase the reporting and record keeping requirements for
Access BPL systems, the benefit of ensuring protection to critical
systems operated by law enforcement groups, government users and
emergency operations outweighs this small cost that will permit the
growth of Access BPL in the shared spectrum.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered
33. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities.\16\
---------------------------------------------------------------------------
\16\ 5 U.S.C. 603(c).
---------------------------------------------------------------------------
[[Page 12618]]
34. In this NPRM, we have maintained the existing part 15 emission
limits, which are applicable to all part 15 devices, including BPL. We
have also maintained the verification method for equipment
authorization of BPL, which is the least burdensome equipment
authorization procedure, wherein the manufacturer conducts his own
testing and retains the compliant test data in his file. We have
proposed to adopt new measurement guidelines for BPL and existing
carrier current systems, to assist manufacturers and testing entities
to follow clearer and more precise measurement procedures in the
testing of BPL and CCS.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
35. None.
Ordering Clauses
36. Pursuant to sections 1, 4, 301, 302(a), 303, 307, 309, 316, and
332 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154,
301, 302(a), 303, 307, 309, 316, 332, 334, and 336, the Notice of
Proposed Rule Making is hereby adopted.
37. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Notice of
Proposed Rule Making, including the Initial Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration.
List of Subjects in Part 15
Communications equipment, Radio, Reporting and recordkeeping.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 15 as follows:
PART 15--RADIO FREQUENCY DEVICES
1.The authority citation for part 15 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.'
2. Section 15.3 is amended by adding paragraph (ff) to read as
follows:
Sec. 15.3 Definitions.
* * * * *
(ff) Access Broadband over power line (Access BPL): A carrier
current system that transmits radio frequency energy by conduction over
electric power lines owned, operated, or controlled by an electric
service provider. The electric power lines may be aerial (overhead) or
underground.
3.Section 15.107 is amended by adding paragraph (e) to read as
follows:
Sec. 15.107 Conducted limits.
* * * * *
(e) The limits shown in paragraphs (a) and (b) of this section
shall not apply to Access BPL systems.
4. Section 15.109 is amended by revising paragraph (e),
redesignating paragraphs (f), (g) and (h) as paragraphs (h), (i) and
(j), and by adding new paragraphs (f) and (g) to read as follows:
Sec. 15.109 Radiated emission limits.
* * * * *
(e) Carrier current systems, including BPL systems, used as
unintentional radiators or other unintentional radiators that are
designed to conduct their radio frequency emissions via connecting
wires or cables and that operate in the frequency range of 9 kHz to 30
MHz, including devices that deliver the radio frequency energy to
transducers, such as ultrasonic devices not covered under part 18 of
this chapter, shall comply with the radiated emission limits for
intentional radiators provided in Sec. 15.209 for the frequency range
of 9 kHz to 30 MHz. As an alternative, carrier current systems used as
unintentional radiators and operating in the frequency range of 525 kHz
to 1705 kHz may comply with the radiated emission limits provided in
Sec. 15.221(a). At frequencies above 30 MHz, the limits in paragraphs
(a), (b) or (i) of this section, as appropriate, continue to apply. For
all BPL systems, the requirements of this paragraph (e) and paragraph
(a) of this section shall also apply to the emissions from all low-
voltage lines from the distribution transformer to all in-building
wiring.
(f) Access BPL systems shall incorporate adaptive interference
mitigation techniques such as dynamic or remote reduction in power and
adjustment in operating frequencies, in order for Access BPL
installations to avoid site-specific, localized use of the same
spectrum by licensed services. Access BPL systems shall incorporate a
shut-down feature to deactivate units found to cause harmful
interference.
(g) Entities operating Access Broadband over Power Line systems
shall supply to a Federal Communications Commission/National
Telecommunications and Information Administration recognized industry-
operated entity, information on all existing, changes to existing and
proposed Access BPL systems for inclusion in a data base. Such
information shall include the installation locations, frequency bands
of operation, and type of modulation used. No notification to the FCC
is required.
* * * * *
[FR Doc. 04-5271 Filed 3-16-04; 8:45 am]
BILLING CODE 6712-01-P