Amateur Radio Operators Seek Powell Recusal on BPL

ARRL alleged that the presentation in Manassas “is in clear violation of Section 1.1203 of the Commission’s rules,” and as a result “this proceeding is irrevocably tainted.” ARRL has pushed the FCC to place extensive limits on BPL because of interference concerns. ARRL said it was filing on an emergency basis because time was so short.

“The Commission can always call people and set up meetings and ask questions,” said an official in the chairman’s office. “The only bar is on people calling and talking to us. It has always been true that we can call them and ask questions. Commissioners do that all the time.” The source added that the BPL event also didn’t raise any questions because it clearly wasn’t a “presentation on the merits” of the order. Sources said Powell would vote on the order, expected to be the most prominent item at the Commission meeting.

An ARRL spokesman said FCC rules were clear that once the Commission lists an item for its sunshine meeting, “all discussions, all outside influences are to end. And obviously, that was not happening.” He said the Commission had released on Oct. 7 its agenda for the Oct. 14 meeting with the BPL report and order the first item. Under Sec. 1.1203 of FCC rules, he said, any presentation to decision makers concerning the proceeding was prohibited from Oct. 7 until the release of the text of the report and order.

Calling the ARRL motion “unfortunate,” Power Line Communications Assn. Pres. Alan Shark said the ARRL had made it clear it wants to “keep delaying” the rollout of BPL. “This to me sounds like another tactic to further delay the rollout of BPL.” He said his understanding was that the FCC could see additional information as thought necessary. He said the Manassas presentation was scheduled “a long time ago.” Shark, who attended the presentation, said “we were told that we are not talking about policy. I think it [Powell’s attendance] was totally appropriate because nothing of policy was discussed.”

Tues.’s BPL presentation for Powell “raises an appearance of impropriety and that is the bigger issue,” said one attorney: “In a sunshine period discretion may have said let one not go to the meeting or to postpone it till after the session, even though nothing may have gone wrong.” Because it was Powell’s pet project, “there is not a chance in the world that he is going to recuse himself,” said another attorney, who spoke on condition of anonymity. He said the ARRL’s arguments weren’t bad. However, he said, Powell has an easy out: The industry wasn’t advising him; he was just there to look at the system. “I don’t think that is a terribly good argument and I think they caught him [Powell] in a stupid little mistake.”

Attorney Robert Jackson said it was appropriate for ARRL to raise the issue. “I don’t see anything wrong with that.” He said the FCC gen. counsel’s office would decide what to do about it.

Meanwhile, ARRL CEO David Sumner said his group had no confidence the draft BPL report and order would be based on sound engineering because the “FCC has been unwilling to release for public review the results of its own tests and observations of BPL systems. The ARRL believes that the “rush to adoption is unwarranted and premature,” he said in a letter to Comr. Adelstein. “Without adequate safeguards, the deployment of BPL systems will result in the pollution and degradation of the unique natural resource of the high-frequency radio spectrum,” he added. He called for inclusion in the R&O of a reduction of emission limits set at 30 dB below current Part 15 requirements.