ARLA/CLUSTER: Fwd: A Batalha do BPL ou PLC nos EUA- Parte II

[João Gonçalves Costa]

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ARRL Files Objection to Ambient's BPL Experimental Authorization
Renewal Request 

On July 25, the ARRL filed an Informal Objection to Ambient
Corporation's request for a renewal of their nationwide experimental
authorization that allows them to operate broadband over power line
(BPL) operations anywhere in the country they choose. Ambient has 
been
operating its BPL equipment under experimental authorizations for 
more
than five years, an unusual amount of time for an experimental
authorization. An Informal Objection is the procedure dictated by the
FCC's Part 5 rules protesting the renewal of an experimental
authorization. Currently, Ambient operates a BPL system in Briarcliff
Manor in Westchester County, New York. Other installations have
apparently been shut down by Ambient.

Ambient has been using experimental authorization WD2XEQ, issued in
2005, and its predecessor WB9XQT, issued on June 24, 2002. WB9XQT
covered the BPL operation in Briarcliff Manor. It was replaced by 
WD2XEQ
on July 28, 2003, a two-year authorization that was twice extended, 
most
recently through August 1, 2007.

The ARRL states in its Objection that "since the issuance of the 
first
experimental authorization, rules have been enacted for the regular 
Part
15 operation of BPL systems and there is nothing that has been filed 
by
Ambient which could justify the continuation of experimental 
operation
of this system rather than operation pursuant to the Commission's 
rules
governing virtually all other BPL systems."

The ARRL filed complaints against Ambient and its BPL operation in
Briarcliff Manor on October 12, 2004; December 17, 2004; January 7,
2005; March 17, 2005; January 6, 2006; March 29, 2006 and May 31, 
2007.
The Objection said that each complaint reported "ongoing, harmful
interference caused by the unlawful operation of Ambient's BPL 
project
at Briarcliff Manor in violation of the terms of the experimental
authorization." These complaints, supported both by documentation by
amateurs as well as tests made by ARRL staff, concluded that "this
facility was, and now still is, causing harmful interference to 
Amateur
Radio stations. As such, it is in violation of the terms of the
experimental authorization."

The terms of Ambient's experimental authorization require that 
if "any
interference" results from its operation, the holder of the
authorization will be subject to immediate shutdown. The ARRL 
stipulates
that harmful interference has repeatedly occurred, and such 
interference
has even been witnessed and verified by a member of the FCC's
Enforcement Bureau staff, yet the FCC has failed to take any action
against Ambient in response to any of these complaints. The ARRL
continued: "[i]t would be unconscionable for the Commission to 
further
renew this experimental authorization in the face of these unresolved
complaints of interference."

The ARRL does praise the FCC in the Objection, however, for "finally,
after years of inaction, commencing an enforcement proceeding" 
against
Ambient's operation in New York (Enforcement Bureau file number
EB-06-SE-083). This proceeding is still under investigation, "making
renewal of this experimental authorization completely inappropriate."

The Objection further states that the FCC's rules provide that "an
experimental authorization will not be granted for a period longer 
than
that which is required for completion of the experimental project."
There is nothing offered in Ambient's pending renewal application 
that
would justify the extension of the experimental authorization beyond 
the
five years that it has been authorized to operate. Ambient's 
extension
application offers "no justification whatsoever" for a sixth or 
seventh
year of experimental BPL operation. 

By mandating that Ambient operate in accordance with the with the
"long-ago-enacted BPL rules rather than allowing it to hide behind an
experimental authorization," Ambient would at least be subject to the
FCC's regulatory plan for BPL, "however inadequate that plan is in 
terms
of interference avoidance," the ARRL said in its Objection. If 
forced to
comply with the Part 15 rules, as other BPL systems must 
do, "perhaps at
least some of the abundance of unresolved and unaddressed 
interference
problems caused by Ambient would be reduced."

ARRL's Objection included a copy of a July 13, 2007 letter from the
Chairman of the Public Safety and Security Committee of the 
Westchester
County Board of Legislators, William E. Burton. In the letter, Burton
identifies a number of ongoing concerns related to the interference
potential of the Briarcliff Manor BPL system. He goes on to say he is
concerned...to have recently learned that Ambient may be planning to
request a renewal of its experimental program without making vitally
important improvements in its technology...[and] there is no 
assurance
that Ambient may not 'turn up the power' and again exceed emissions
levels causing interference again after a license renewal." 

Burton noted that at a committee meeting held March 5, 2007, "the
representative from [Ambient BPL system sponsor] Consolidated Edison
agreed to work with the ARRL to resolve the communications 
interference
problems. That cooperation has yet to take place."

Burton's letter continued: "I am thus requesting that the FCC not 
renew
the experimental Briarcliff Manor BPL license until my concerns about
harmful interference are adequately addressed....The Commission 
should
require that Consolidated Edison and Ambient cooperate with the ARRL 
and
its BPL technical experts forthwith....By not renewing the Ambient
experimental license until all these concerns are addressed, the FCC 
can
make it clear that complaints concerning harmful interference are 
taken
seriously."

The ARRL summed up the Objection by "respectfully requesting that the
Commission deny or dismiss" Ambient's pending application for 
renewal or
extension of its experimental authorization for Briarcliff 
Manor "and in
other locations in the United States where it may be operating BPL
systems."

Arnaldo
py5aq  ... 




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