----- Original Message -----
Sent: Friday, October 08, 2004 2:20
PM
Subject: [ARRL-ODV:11350] Complaint of
Violation of Ex Parte Rules Concerning ET Docket 04-37
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.