[Federal Register Volume 69, Number 52 (Wednesday, March 17, 2004)]
[Proposed Rules]
[Pages 12612-12618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5271]


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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.

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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: [email protected], 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: 
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 [email protected], 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\
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    \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).
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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.
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    \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).
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    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.
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    \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.''
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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\
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    \16\ 5 U.S.C. 603(c).

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[[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