ARRL Asks FCC Chairman to Recuse Himself from BPL Vote NEWINGTON, CT, Oct 13, 2004--The ARRL has asked FCC Chairman Michael K. Powell to recuse himself from participating October 14 when the full Commission considers a broadband over power line (BPL) Report and Order in the proceeding, ET Docket 04-37. The League alleges Powell broke the Commission's own ex parte rules by appearing at a broadband over power line (BPL) demonstration in Manassas, Virginia, just two days before the FCC meeting. In general, Sunshine Agenda rules prohibit any such contacts between the FCC and stakeholders once a proceeding has formally been placed on the FCC agenda. "It's a glaring, glaring violation of the ex parte rules," ARRL General Counsel Chris Imlay, W3KD, asserted today. Because of the short fuse involved, Imlay filed the <http://www.arrl.org/news/stories/2004/10/13/1/BPL-Motion-for-Recusal.pdf>Motion for Recusal of Chairman Michael K. Powell October 12 via e-mail on an "emergency basis." The petition asks that Powell recuse himself from participating in the BPL proceeding, "both generally and specifically," at the October 14 meeting. Powell, an open proponent of BPL, played host to Federal Energy Regulatory Commission Pat Wood III as they toured various sites in Manassas, the site of a BPL field trial, and explained why BPL may be another broadband option. The ARRL's motion asserts that Powell "either knew or should have known that his participation in that presentation is in clear violation of Section 1.1203 of the Commission's Rules." As a result, the League said, the FCC's consideration of a Report and Order in the proceeding "is irrevocably tainted." The FCC released its October 14 meeting agenda on Thursday, October 7. The ARRL learned the following day that Powell and Wood were planning to attend the BPL demonstration. The City of Manassas is running a BPL field trial on its municipal power system. The ARRL immediately protested via e-mail "in the strongest possible terms," but did not receive any response until October 12, since Monday, October 11, was a federal holiday for Columbus Day. Imlay said he finally heard back from two staffers in the FCC Office of General Counsel who said that the attendance by Powell and Powell's legal aide was legal under an exception to the ex parte rules spelled out in Section 1.1204, Subsection 10, of the FCC's rules. For more information on BPL, visit the "<http://www.arrl.org/bpl/>Broadband Over Power Line (BPL) and Amateur Radio" page on the ARRL Web site.