On behalf of my client, ARRL, the National Association for Amateur Radio, I sent the following complaint by e-mail on Friday afternoon, October 8, 2004. I have not received any response. I would appreciate knowing whether or not the Chairman intends to attend the Manassas, Virginia Broadband over Power Line Demonstration and Presentation notwithstanding the inclusion of the ET Docket 04-37 item on the Commission's open meeting agenda on Thursday, two days from today. I need that information in order that we might evaluate the impact of the Chairman's visit on the Docket 04-37 proceeding.
I am looking forward to a response.
Christopher D. Imlay
General Counsel, ARRL
Greetings.
The following announcement was noted on the TV Technology web site, having been posted today, October 8, 2004. Assuming that this notice is accurate, ARRL, the National Association for Amateur Radio, protests in the strongest possible terms the attendance of the Chairman of the Commission at a demonstration of Broadband over Power Line (BPL) technology a mere two days prior to the Commission's consideration of a Report and Order in ET Docket 04-37. The Commission's Open Meeting Agenda was released October 7, 2004 and includes the BPL item.
Section 1.1203 of the Commission's Rules, 47 C.F.R. § 1.1203, prohibits all presentations to decisionmakers concerning matters listed on a Sunshine Act Agenda. Whether ex parte or not, during the period from the release of the public notice that a matter has been placed on the Sunshine Act agenda until the Commission releases the text of a decision or order relating to the matter, or until the Commission releases an order deleting that item from the Sunshine Act agenda.
The Chairman's attendance at any BPL demonstration in Manassas or elsewhere would be so clear a violation of the ex parte rules that ARRL is constrained to strenuously object. ARRL urges the Chairman in the strongest possible terms not to attend this demonstration. If the demonstration goes forward and the Chairman attends, the Docket 04-37 proceeding would be fatally tainted, and, among other things, the Chairman will be asked by ARRL to recuse himself from any deliberation thereon. A copy of this e-mail will be forwarded to the Inspector General. Please inform the undersigned of the status of this matter, and the accuracy of the above-quoted excerpt.
Respectfully submitted,
Christopher D. Imlay
General Counsel, ARRL
Booth, Freret, Imlay & Tepper, P.C.
14356 Cape May Road
Silver Spring, Maryland 20904-6011
301-384-5525 telephone
301-384-6384 facsimile
w3kd@arrl.org
Date posted: 2004-10-08
FCC Chairman to Attend BPL Demo in Manassas, Va.
Two chief regulators will attend a demonstration of Broadband over Power Lines (BPL) technology, Tuesday, Oct. 12, at 9:30 a.m.
FCC Chairman Michael Powell and Federal Energy Regulatory Commission Chairman Pat Wood, III will view first-hand the BPL services offered by the City of Manassas, Va.
Manassas is one the first cities to offer high-speed Internet service over power lines.
There is concern in the broadcast community about interference from BPL, and the difficulties of getting it mitigated. Industry experts have said that while the law enjoins BPL providers from interfering with TV signals, enforcement has been lacking.
The event will begin at 9:30 a.m. at the Manassas Public Works building, 8500 Public Works Drive, Manassas, Va., and last approximately 90 minutes. The two chairmen will see the capabilities of BPL for Internet service, VoIP and utility and public works functions.
Directions to the Manassas Public Works Building can be obtained by contacting Meribeth McCarrick at the FCC at 202-418-0654 or Meribeth.Mccarrick@fcc.gov.