Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | ET Docket No. 03-104         |
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| Inquiry Regarding Carrier        | ) |                              |
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**NOTICE OF INQUIRY**

**Adopted:** April 23, 2003 **Released:** April 28, 2003

**By the Commission:** Chairman Powell, Commissioners Abernathy, Martin,
and Adelstein issuing

separate statements; Commissioner Copps approving in part, concurring in

part, and issuing a statement.

**Comment date:** **\[45 days from publication in Federal Register\]**

**Reply comment date:** **\[75 days from publication in Federal
Register\]**

# Introduction

1.  The Commission is initiating this inquiry to obtain information on a
    variety of issues related to Broadband over Power Line (BPL)
    systems. BPL systems are new types of carrier current system that
    operate on an unlicensed basis under Part 15 of the Commission's
    rules. 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, 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.

2.  Through this inquiry, we seek information and technical data so that
    we may evaluate the current state of BPL technology and determine
    whether changes to Part 15 of the Commission's rules are necessary
    to facilitate the deployment of this technology. While BPL may be
    deployed under our existing Part 15 rules, the rules do not
    specifically provide measurement procedures that apply to systems
    using the power line as a transmission medium. We therefore seek
    comment on what changes, if any, we should make to our Part 15 rules
    to promote and encourage the new BPL technology and to our
    measurement procedures for all types of carrier current systems. We
    further encourage present deployment of BPL that complies with our
    existing rules, noting that if, or when, our rules are modified,
    those rules will address prospective compliance.

# BACKGROUND

3.  As indicated above, BPL systems are new types of carrier current
    system that operate on an unlicensed basis under Part 15 of the
    Commission's rules. 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. BPL systems
    may operate either inside a building ("In-House BPL") or over
    utility poles and medium voltage electric power lines ("Access
    BPL"). As In-House BPL systems can use the electrical outlets
    available in every room of a building to transfer information
    between computers and between other home electronic devices, they
    eliminate the need to install new wires between these devices. Using
    this technology, consumers can readily implement communications
    local area networking and similar technology.[^1] Access BPL systems
    can be used to provide high speed internet access and other
    broadband services to homes as well as providing electric utility
    companies with a means to more effectively manage their electric
    power distribution operations. Given that Access BPL 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.  The idea of using the alternating current (AC) power lines to carry
    information to a variety of devices is not new. A number of devices
    or systems already use carrier current techniques to couple radio
    frequency (RF) energy to the AC electrical wiring for purposes of
    communication. For example, AM radio systems on some school campuses
    employ carrier current technology;[^2] many devices intended for the
    home, such as intercom systems and remote controls for electrical
    appliances and lamps also utilize carrier current technology;[^3]
    and for many years, electric utilities have been using carrier
    current technology to monitor and control the electrical power grid.
    More recently, these systems have been used to convey information in
    digital form, providing communications at relatively slow
    transmission speeds on carrier frequencies below 2 MHz. All such
    devices are subject to our existing Part 15 rules for low-power,
    unlicensed equipment operating on a non-interference basis.[^4]

5.  The Part 15 rules limit the amount of conducted RF energy that may
    be injected into a building's wiring by an RF device that receives
    power from the commercial power source, including carrier current
    systems that couple RF energy onto the AC wiring for communication
    purposes. This conducted energy can cause harmful interference to
    radio communications via two possible paths. First, the RF energy
    may be carried through the electrical wiring to other devices also
    connected to the electrical wiring. Second, at frequencies below 30
    MHz, where wavelengths exceed 10 meters, long stretches of
    electrical wiring can act as an antenna, permitting the RF energy to
    be radiated over the airwaves. Due to the low propagation loss at
    these frequencies, such radiated energy can cause interference to
    other services at considerable distances.

6.  The existing Part 15 rules cover two types of power line equipment,
    carrier current systems and power line carrier systems. A carrier
    current system is defined as a system, or part of a system, that
    transmits radio frequency energy by conduction over the electric
    power line to a receiver also connected to the same power line.[^5]
    A carrier current system can be designed such that the signals are
    received by conduction directly from connection to the electric
    power line (unintentional radiator), or the signals are received
    over‑the‑air, due to radiation of the radio frequency signals from
    the power line (intentional radiator).[^6] Power line carrier
    systems, which operate between 10 kHz and 490 kHz, are carrier
    current systems used by an electric public utility entity for
    protective relaying, telemetry, etc., for general supervision of the
    power system.[^7] Power line carrier systems are not subject to
    specific emission limits as are carrier current systems.[^8]

7.  As indicated above, until recently, carrier current devices have
    operated generally on frequencies below 2 MHz with limited
    communications capabilities over the electric power wiring. The
    power line is a noisy communications medium, characterized by
    several unpredictable and strong forms of interference generated by
    devices such as dimmer switches, motorized electrical appliances and
    computers. The power line potential communication channels between
    different outlets are further characterized by fast fading, non-flat
    frequency responses and changing impedances. Because of these
    inherent non-linear characteristics, reliable high-speed
    communications over power lines have been difficult to achieve.
    However, the availability of faster chip sets and the development of
    sophisticated modulation schemes have produced new designs that can
    overcome these earlier technical obstacles, *e.g.,* extreme
    vulnerability to power line noise, which causes drop-off in
    transmission speeds and disruptions due to random home power usage
    of other appliances. New BPL devices operate on multiple carriers
    that are spread over a wide spectrum (*e.g.*, from 4.5 MHz to 21
    MHz), with adaptive algorithms to counter the noise in the line.
    Data transmission speeds rated at 14 Mbps and higher have been
    claimed for in-house communications.[^9] BPL devices intended to
    carry high-speed broadband services to neighborhoods over a
    utility's power lines have claimed speeds comparable to DSL and
    cable in actual BPL experimental installations.[^10] This new
    generation of high-speed BPL devices that use wide spectrum was not
    contemplated under the existing Part 15 rules when they were
    formulated.

8.  In addition, the existing Part 15 rules do not provide a clear
    procedure for measuring emissions from carrier current systems. On
    May 29, 1998, the Commission adopted a *Notice of Inquiry* in
    ET Docket No. 98‑80 to examine its Part 15 line conducted emission
    limits.[^11] As part of that proceeding, the Commission requested
    comments on its existing Part 15 carrier current requirements and
    measurement issues. The *Report and Order* in that proceeding
    harmonized the Part 15 requirements for conducted emission limits
    with the international standards developed by the International
    Electrotechnical Commission (IEC), International Special Committee
    on Radio Interference (CISPR).[^12] However, because of the ongoing
    development of systems using new BPL technology, the Commission also
    decided in that *Report and Order* to defer the consideration of
    carrier current systems and BPL system issues to a separate
    proceeding.[^13]

# discussion

9.  The Commission has observed with great interest and anticipation
    developments in the area of high-speed communications over the power
    line. High speed transmission capabilities could enable BPL
    technology to provide an alternative platform for broadband
    deployment, which would bring valuable new services to consumers,
    stimulate economic activity, improve national productivity and
    advance economic opportunity for the American public, consistent
    with the Commission's objectives. BPL technology could play an
    important role in enabling Internet and high-speed broadband access
    to rural areas, because power lines reach virtually every home in
    the United States. BPL technology could also be used to assist the
    utilities by adding intelligent networking capabilities to the
    electric grid, thereby improving efficiency in activities such as
    energy management, power outage notification and automated meter
    reading. Furthermore, the electrical wiring in homes and office
    buildings establishes a physical connection between all electrical
    devices and power outlets that are located every few feet in most
    American homes. The high number of access points[^14] can be used to
    provide networking applications within a building, eliminating the
    need for new or additional wiring to connect networking adaptors,
    thus allowing consumers to readily take advantage of the technology.
    In addition, homeland security would be enhanced by creating new
    facilities to provide redundancy in case of disruption of one or
    more existing channels of communications.

10. The Commission has a long history of facilitating the introduction
    of new technologies under Part 15 of its rules. For example, in the
    mid-1980's, the Commission provided new rules to spread spectrum
    technology that led to the growth of an industry and a wide array of
    products. In the past few years, the Commission has amended Part 15
    to provide for unlicensed personal communication service (UPCS)
    devices, unlicensed national information infrastructure (UNII)
    devices and millimeter wave technology. We are initiating this
    inquiry to determine what, if any, changes to our rules may be
    appropriate to facilitate the development and deployment of BPL and
    what standards and operating requirements are necessary to prevent
    interference to other users of the spectrum. Accordingly, we seek
    information on the topics as discussed below, to help us determine
    whether to propose any changes to our Part 15 rules to promote BPL
    technology.

11. At the present time, the primary means for controlling interference
    from carrier current systems operating from 9 kHz to 30 MHz is a
    limit on the radiated emissions from any part of the wiring or power
    network connected to the RF power source.[^15] The radiated emission
    limits, which vary with frequency, apply from 9 kHz to an upper
    frequency that is dependent on the highest fundamental frequency of
    the device under test.[^16] 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, there is no limit on conducted emissions.[^17]
    All other carrier current systems operating below 30 MHz are subject
    to a conducted emission limit only within the AM broadcast
    band.[^18] Until recently, carrier current systems have not operated
    above 30 MHz. However, Part 15 digital devices, including carrier
    current systems, operating as general intentional and unintentional
    radiators above 30 MHz are subject to both radiated emission limits
    and conducted emission limits. The limits apply from 30 MHz to an
    upper frequency that is dependent on the highest fundamental
    frequency of the device under test.[^19] Depending on the operating
    environment of the digital device, either Class A or Class B
    radiated emission limits are specified.[^20] Digital devices
    operating above 30 MHz are also subject to either Class A or Class B
    conducted emission limits, depending on their operating environment,
    if they receive power from the power line. [^21]

12. We now believe that the introduction of new high-speed BPL
    technologies warrants a systematic review of the Part 15 rules in
    order to facilitate the deployment of this new technology, promote
    consistency in the rules and ensure the ongoing protection of the
    licensed radio services. To this end, we first seek to examine the
    new BPL technology and its various operating environments.

13. In BPL technology, communication is accomplished by overlaying
    digital equipment at certain points along the electric power
    distribution network. In Access BPL systems, three components of the
    electric power distribution network are directly involved. The first
    is the medium voltage line, carrying typically 1000 to 40,000 volts,
    over which an electric utility brings power from a substation to a
    residential neighborhood. The second component is the bypass of the
    low-voltage transformer in the residential neighborhood that steps
    down the line voltage to the 220/110 volts for residential use.[^22]
    The third component of the existing power distribution system is the
    low voltage distribution from the transformer to residential
    electrical outlets, including the exterior service cable, circuit
    breaker panel, and interior wiring. In-House BPL systems use just
    the low-voltage wiring to provide local communications among devices
    attached to the electrical outlets in the home. The communication
    from an In-House BPL system to a telecommunications network (*e.g.*,
    to provide Internet access) could be made available through one of a
    number of access technologies including dial-up, DSL, cable modem
    service, or Access BPL. Due to their different operating
    environments and probable interference patterns, we will examine
    Access BPL and In-House BPL separately, *infra*. We recognize that
    BPL technology is at an early stage of development and its
    provisioning methods are evolving, and we seek comment on whether
    there are other architectural models and/or functional components
    that must be identified in order to adequately address all the
    issues raised by this technology.

14. [Access BPL Systems]{.underline}. Access BPL systems carry
    high-speed data and voice signals outdoors over the medium voltage
    line from a point where there is a connection to a
    telecommunications network. This point of connection may be at a
    power substation or at an intermediate point between substations,
    depending on the network topology. Near the distribution point to a
    residential neighborhood, a coupler or bridge circuit module is
    installed to enable the transfer of high-frequency digital signals
    across the low-voltage distribution transformer.[^23] Finally, the
    high-speed communication signals are brought to the home over the
    exterior service power cable from the bridge across the distribution
    transformer, either directly, or via an Access BPL adaptor module.

15. Several consortiums have been organized to promote Access BPL and
    its applications; however, the operating characteristics of Access
    BPL are not standardized.[^24] In order to assist us in
    understanding the current state of Access BPL, we seek comment and
    information in response to the following questions:

-   What spectrum and bandwidth would Access BPL use? We have granted
    experimental licenses to some parties under 47 C.F.R. § 5 to
    evaluate Access BPL equipment that operates from 1.7 to 80 MHz.
    Would Access BPL devices operate in other portions of the spectrum
    and at what bandwidth?[^25]

-   Is the spectrum used by Access BPL shared with In-house BPL? Are
    there any frequency sharing issues to be considered, *i.e.*, should
    we designate spectrum for Access BPL and In-House BPL? Is spectrum
    sharing between Access BPL and In-House BPL feasible?

-   What data transmission speeds can Access BPL systems achieve? What
    speeds can be typically sustained under normal user environment
    conditions? What speeds are envisioned with deployed access shared
    among several users? Are the speeds symmetric in both the transmit
    and receive directions?

-   What are the modulation techniques? What techniques are used for
    ensuring the security of data? What schemes are used for contention
    resolution between Access and various In-House BPL devices, if more
    than one device needs to take control of the electric wire at the
    same time to communicate?

-   Would Access products work with In-House BPL products and services,
    without the need for additional equipment, such as converters and
    adaptors?

-   What is the status of development and anticipated timeline for
    market deployment of Access BPL equipment?

-   What standards work has been done domestically and internationally
    on Access BPL and what are the results of such activities? Are there
    ongoing international standards activities that would benefit U.S.
    industry and what steps should the Commission take to encourage this
    work? We are aware that the IEC 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. Are there other
    standards bodies involved in similar activities?

16. [In-House BPL Systems]{.underline}. A number of high-speed In-House
    BPL devices have reached the market within the last few months,
    operating under our existing Part 15 rules for carrier current
    systems. In-House BPL systems carry data and voice signals between
    the wiring and electrical outlets inside of a building. In‑House BPL
    systems are aimed at home networking and sharing of resources
    between devices, such as multiple computers, printers and smart
    appliances. Each device to be networked is connected to a BPL
    adaptor module through a Universal Serial Bus (USB) or Ethernet
    port. The BPL adaptor module plugs into a power outlet and
    communicates over the electrical wiring with other similar BPL
    adaptor modules in the home, thus forming a peer-to-peer local area
    network between these devices. In-House BPL operation may provide
    Internet sharing or other external service connections independently
    of Access BPL service. For example, an in-house local area network
    could interface with an Internet connection that may be provided
    from a variety of sources, such as cable, DSL, or dial-up analog
    line, not necessarily just from an Access BPL service. In other
    words, the operation and external networking functions of In-House
    BPL do not depend on the consumer having Access BPL communication
    service at the same time.

17. There are several operational standards for In-House power line
    applications.[^26] The HomePlug Alliance released its HomePlug 1.0
    standard based on Intellon and Cogency chip sets in 2001. The
    Consumer Electronics Association (CEA) has a working group on power
    line standards. There are also other individual companies designing
    and marketing their own PLC chip sets for sale to PLC device
    vendors.[^27] In addition, there are several consortiums organized
    to promote In-House BPL technology and its applications.[^28]
    In-House BPL networking capabilities would encourage the growth of
    smart appliances and other consumer electronics equipment,
    facilitating the sharing of resources between various devices and
    increasing productivity. In order to assist us in understanding the
    high speed In-House BPL technology, we seek comment in the following
    areas:

-   In-House BPL systems built to the HomePlug standard specifications
    operate in the frequency range from 4.5 to 21 MHz. Are other
    In-House BPL devices being designed to operate in other portions of
    the spectrum, and at what bandwidth?[^29]

-   What is the highest data transmission speed that In-House BPL
    systems can achieve? What speeds can be typically sustained under
    normal user environment conditions?

-   What are the modulation techniques? What techniques are used for
    ensuring the security of data, especially when several residential
    units share the same common distribution transformer? What schemes
    are used for contention resolution between various In-House BPL
    devices, if more than one device needs to take control of the
    electric wire at the same time to communicate?

-   Would products developed according to one standard work with
    products developed according to another standard, without the need
    for additional equipment, such as converters and adaptors?

-   What standards work has been done domestically and internationally
    on In-House BPL technology and what are the results of such
    activities? Are there on-going international standards activities
    that would benefit U.S. industry and what steps should the
    Commission take to encourage this work?[^30]

18. [Interference from BPL Emissions]{.underline}. In both Access and
    In-House high-speed BPL technologies, multiple carriers spread
    signals over a broad range of frequencies that are used by other
    services that must be protected from interference. In the spectrum
    below 30 MHz, incumbent authorized operations include fixed, land
    mobile, aeronautical mobile, maritime mobile, radiolocation,
    broadcast radio, amateur radio terrestrial and satellite, and
    radioastronomy. In the spectrum from 30 to 300 MHz, incumbent
    authorized operations include fixed land mobile, aeronautical
    mobile, maritime mobile and mobile satellite, radioastronomy,
    amateur radio terrestrial and satellite, broadcasts TV and radio.
    This spectrum is also used for public safety and law enforcement,
    and Federal government aeronautical radionavigation, radionavigation
    satellite and radiolocation. Each of these authorized services in
    the spectrum must be protected from harmful interference.

19. Interference issues may also arise because existing statutes on pole
    attachment require the co-location of cable and telecommunications
    equipment from third party service providers on the same utility
    poles that carry power wires.[^31] The close proximity of Access BPL
    equipment on utility poles may affect (and be affected by) the
    operation of cable television service and high-speed digital
    transmission service, such as DSL.

20. We therefore ask for comment and information on the following
    questions:

-   In order to transfer high frequency signals beyond the low-voltage
    distribution transformer, Access BPL systems use high-pass filter
    circuits to bypass the transformer and its inherent low‑bandwidth
    characteristics. What is the effect of these high-pass filters with
    respect to high-frequency signals used inside the house, *e.g.*,
    from In-House BPL equipment or other in-premises technologies, that
    may rely on the low-voltage transformer as a natural barrier to
    avoid causing interference at higher frequencies?

-   For Access BPL systems, several methods of RF signal injection onto
    the medium voltage lines can be envisioned:

    -   An RF voltage could be applied between a power line and ground;

    -   An RF voltage could be applied differentially between two phases
        of a power line; or

    -   A single power line wire could be driven as if it were a dipole
        antenna---*e.g.*, by inductively coupling RF energy to it.

        Other approaches may also be possible. What methods are being
        considered for signal injection onto the medium voltage lines?
        What are the implications on radiated emissions of various
        methods for injecting signals onto the medium voltage lines
        (*e.g.*, differences in directional characteristics and
        magnitudes of the emitted fields)?

-   Is there a need to define frequency bands that must be avoided in
    order to protect the licensed users on the same frequencies as those
    used by Access BPL systems? Are there mitigation techniques Access
    BPL systems can use to avoid possible interference with licensed
    users of the spectrum, such as mobile users or public safety and law
    enforcement users who may be traveling directly beneath the medium
    voltage lines?

-   Since Access BPL equipment is installed on medium voltage lines that
    supply electricity to a residential neighborhood, should this
    equipment be treated as operating in a residential (Class B) or
    commercial (Class A) environment?[^32]

-   How does the close proximity of Access BPL equipment to cable
    television and telecommunications equipment from third party service
    providers co-located on the same utility pole affect the operation
    of these services? On the other hand, what is the effect of this
    close proximity to Access BPL operations?

-   High-speed In-House BPL systems are being deployed in residences
    with a telecommunications access connection from a DSL or cable
    modem service. What mitigation techniques are used by In-House BPL
    systems to avoid possible interference from DSL or cable modem
    within the same spectrum? On the other hand, what is the effect of
    DSL or cable modem on In-House BPL operations?

-   What mitigation techniques are used by In-House BPL systems to avoid
    possible interference with licensed radio services, such as amateur
    radio, fixed, mobile and broadcast services? Is there a need to
    define frequency bands that must be avoided in order to protect the
    licensed services that use the same frequencies as In-House BPL
    systems?

-   What are the probable interference environments and propagation
    patterns of Access BPL and In-House BPL systems? Are there specific
    issues of interference that we should address, *e.g.* an increase in
    the level of the noise floor? What models are available for
    predicting radiated emissions from access BPL systems?

-   Are there test results from field trials of Access BPL that may
    assist in the analysis of harmful interference? Inasmuch as In-House
    BPL equipment is already on the market, are there any reports that
    may assist in the further analysis of harmful interference?[^33]

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-   Are the existing Part 15 rules for low speed carrier current systems
    adequate to protect authorized users of the spectrum who may be
    affected by the new high speed BPL technology? What changes to these
    rules, if any, are necessary to protect authorized radio services?

-   How should the Part 15 rules be tailored both to ensure protection
    against harmful interference to radio services and to avoid
    adversely impacting the development and deployment of this nascent
    technology?

-   Given their different operating environment, is it necessary to
    tailor the rules to differentiate equipment used specifically in
    Access BPL and In-House BPL applications, or should one set of
    general limits be applied to both? What should such limits be and
    what is the technical basis for them?

-   Is there need to specify different limits for Access and In‑House
    systems? For example, would it be appropriate to allow higher
    emissions for In‑House systems where the user would be the principal
    party affected by interference, and could take steps to mitigate the
    interference, than for Access systems where the interference would
    affect a wider area and therefore be more problematic to mitigate?
    Would higher emissions for In-House systems result in any
    interference effects in other houses or apartments sharing the same
    local low voltage distribution by the RF signal being distributed on
    the low voltage side of the transformer? What limits should be
    specified, given the above considerations?

-   Should the Part 15 rules specify both radiated emission limits and
    conducted emission limits for BPL systems, or would one type of
    limits be sufficient to control interference from both low speed and
    high speed BPL? Since all carrier current systems inject RF signals
    into the power line for communication purposes, would conducted
    emission limits be more appropriate to protect authorized radio
    services?

21. [Measurement methods]{.underline}. We seek comment on measurement
    methods for all types of carrier current systems, including new
    high-speed Access and In-House BPL devices. Because existing carrier
    current systems use the power line wiring inside a building to
    transfer information and data, the radiated emissions from RF energy
    conducted onto the power lines tend to vary from location to
    location, based on the installation's AC wiring and the loading
    placed on that wiring. In effect, since the installation's wiring
    functions as an antenna, that wiring becomes part of the system to
    be evaluated. As such, measurements to demonstrate compliance with
    the rules are not normally made at a standard open area test site,
    because the measurement of each system is unique to its location.

22. Rather than requiring compliance measurements for each individual
    carrier current system installation, we have allowed measurements of
    radiated emissions at three installations that the operator deems as
    representative of typical installations.[^34] For carrier current
    systems operating below 30 MHz, the radiated limits specify
    measurement distances ranging from 30 to 300 meters.[^35] The
    radiated limits for unintentional radiators operating above 30 MHz
    specify a measurement distance of 10 meters for Class A devices and
    3 meters for devices other than Class A. Since measurements at large
    distances are not always practical, the rules provide for
    measurements at distances other than those specified, with the use
    of extrapolation factors. The actual extrapolation factor can be
    determined empirically. Alternatively, an extrapolation factor of 40
    dB per decade can be used for frequencies below 30 MHz and an
    extrapolation factor of 20 dB per decade can be used when testing
    frequencies at or above 30 MHz.[^36] For measurements below 30 MHz,
    a loop antenna is required to be used to measure the emissions from
    the device.

23. Radiated emission measurements of carrier current equipment at
    frequencies below 30 MHz can be time consuming and difficult to make
    because each installation's wiring is unique. The variations in
    wiring across different installations pose problems for achieving
    repeatability of results and for finding installations that can be
    considered representative. Currently, there are no specific test
    methods in our rules for carrier current systems, rather,
    measurement procedures have been left to the discretion of the party
    performing the tests, and thus measurements can be subjective and
    inconsistent. Furthermore, Access BPL equipment presents unique
    measurement challenges because it is typically installed on utility
    poles and operated over medium voltage lines. We therefore request
    comment and input on the following questions:

-   How should the measurement procedures for testing existing low-speed
    carrier current systems be developed in order to avoid the burden of
    selecting representative installations and to promote consistency
    and repeatability of test results? Is it possible to develop a
    standardized measurement method for testing in a laboratory or at an
    open area test site using some characterized wiring assembly or
    artificial impedance network? If so, how?

-   How should measurement procedures for testing new BPL systems, both
    Access and In-House, be developed in order to promote consistency
    with measurements of existing carrier current systems and
    repeatability of test results?

-   Conducted emissions testing is usually performed using a line
    impedance stabilization network (LISN), which is an artificial power
    line network that provides a specified load impedance in a given
    frequency range. This device is also used to isolate the equipment
    from the AC supply and to facilitate measurements. If conducted
    emission limits alone are sufficient to control harmful interference
    from BPL systems, how should the measurement procedure be specified?
    How should the characteristics of a line impedance stabilization
    network be specified for testing both In-House and Access BPL
    systems?

-   Existing literature is inconclusive on the degree of difference in
    radiated emissions from houses and buildings when In-House PLC
    signals are injected in common mode (phase/neutral to an RF ground)
    versus differential mode (phase to neutral). Is there data available
    that shows radiated emission levels from houses and other buildings,
    located in the United States, for both types of signal injection? Is
    the difference sufficiently large as to justify separate conducted
    limits for common mode and differential mode signals? Alternatively,
    should a LISN be defined to simultaneously measure the total effect
    of the common‑mode and differential‑mode contributions in proportion
    to their expected respective contributions to radiated emissions?
    What should be the characteristics of that LISN?

-   How should In-House BPL systems be tested for compliance, given that
    they use the building's wiring as an antenna? The impedance
    characteristics of in-house wiring changes each time an appliance is
    turned on or off, which makes modeling this varying impedance a
    challenging task. Is it possible to develop a standardized
    measurement method for testing In-House BPL in a laboratory or at an
    open area test site using a specialized LISN or some characterized
    wiring assembly? If so, how? Would the same method of measurement be
    sufficient to test both traditional carrier current system and new
    high speed In-House BPL?

-   How should Access BPL systems be tested for compliance, given that
    they generally operate in an environment where signals travel on
    overhead medium voltage lines? Could a standardized measurement
    method be developed for testing Access BPL in a laboratory or at an
    open area test site, using a specialized LISN or some characterized
    pole and wiring assembly? If so, how?

-   Are there any international standards that should be investigated
    for possible adoption in order to facilitate the development of BPL
    products for a global marketplace?[^37]

24. [Equipment Authorization Process]{.underline}. Section 302 of the
    Communications Act of 1934, as amended, authorizes the Commission to
    make reasonable regulations, consistent with the public interest,
    governing the interference potential of equipment that emits radio
    frequency energy.[^38] The Commission carries out its
    responsibilities under this section by establishing technical
    regulations for transmitters and other equipment to minimize their
    potential for causing interference to radio services, and by
    administering an authorization program to ensure that equipment
    reaching the market complies with the technical requirements. The
    authorization program requires that equipment be tested either by
    the manufacturer or at an independent test laboratory to ensure that
    it complies with the technical requirements. The authorization
    program specifies several procedures for demonstrating equipment
    compliance. The procedure to which a device is subject depends on
    the risk of interference that the equipment poses to licensed radio
    services.

25. *Certification* is an equipment authorization issued by the
    Commission or its designated entities,[^39] based on representations
    and test data submitted by the applicant.[^40] A *Declaration of
    Conformity* (DoC) is a manufacturer's self-approval procedure where
    the responsible party, who could be the manufacturer, the grantee or
    the importer of the equipment, as defined in 47 C.F.R. § 2.909,
    makes measurements or takes other necessary steps to ensure that the
    equipment complies with the appropriate technical standards.[^41]
    The laboratory performing the measurements, either the
    manufacturer's laboratory or an independent test laboratory, must be
    accredited.[^42] A copy of the declaration of conformity, listing
    the party responsible for compliance, must be included in the
    literature supplied with the product. *Verification* is also a
    manufacturer's self-approval procedure where the manufacturer makes
    measurements or takes the necessary steps to ensure that the
    equipment complies with the appropriate technical standards,[^43]
    however, unlike the DoC procedure, it does not require the use of an
    accredited laboratory and does not require a declaration of
    conformity to be supplied with the equipment.

26. Currently, equipment operating as carrier current systems, such as
    power line intercom systems, lamp remote controls, low speed power
    line telephone adaptors, etc. are subject to the *Verification*
    procedure under our equipment authorization program. As indicated,
    *supra,* the low speed systems have not been a source of harmful
    interference to radio communications. In addition, it appears that
    use of the *Verification* procedure has been adequate to ensure that
    such systems comply with the rules. However, the multiple-carrier
    transmission nature of the new high speed BPL technology could pose
    increased risk of harmful interference, and thus new BPL devices may
    need a higher degree of oversight to ensure that authorized users
    are not subject to interference. Accordingly, we seek comment on the
    following questions:

-   Would the new high speed Access and In-House BPL equipment pose a
    higher risk of interference to licensed radio services than the
    traditional carrier current systems?

-   Unlike In-House BPL equipment, which usually involves multiple units
    of a standard module working together,[^44] Access BPL may involve
    two or more different types of components to form the complete
    system (*e.g.*, Access BPL medium voltage coupler, Access BPL
    adaptor module, etc.)[^45] What components of an Access BPL system
    should be subject to equipment authorization?

-   Should the new Access and In-House BPL equipment be required to
    comply with either the *Certification* procedure or the *Declaration
    of Conformity* under our equipment authorization program, which
    warrants additional oversight, or should they be covered under our
    *Verification* procedure like the traditional carrier current
    systems?

27. [Power Line Carrier Systems]{.underline}. The existing Part 15 rules
    also address power line carrier systems. The existing low speed, low
    frequency power line carrier systems are not subject to our
    equipment authorization program, or to the emission rules applicable
    to carrier current systems; however, these systems must operate on a
    non-interference basis as restricted low power transmitters covered
    under Part 15.[^46] Furthermore, information on these systems must
    be entered into a database coordinated by the United Telecom Council
    (formerly Utilities Telecommunications Council) (UTC), the
    designated coordinator and database operator for power line carrier
    systems, pursuant to a 1991 Memorandum of Understanding (MOU)
    between the Federal Communications Commission, the National
    Telecommunications and Information Administration (NTIA) and the
    UTC.[^47]

28. We believe that the new high speed BPL technology could be used to
    assist the utilities by adding intelligent networking capabilities
    to the electric grid, allowing various interconnected and
    network‑addressable BPL components to work together in improving
    efficiency in activities such as energy management, power outage
    notification and automated meter reading. In order to help us in
    evaluating the applicability of BPL technology to power line carrier
    systems, we seek input on the following questions:

-   Will the power line carrier systems currently deployed by the
    utility companies to control and monitor the electrical system be
    replaced in the future with the new high speed BPL equipment?

-   How would the utility companies deploy these new control systems and
    how would these new systems coexist with the older control systems?

-   Should power line carrier systems using BPL technology be subject to
    the coordination process in the current database maintained by UTC?

-   Are any changes needed in the regulations governing power line
    carrier systems? Should power line carrier systems using BPL
    technology be subject to the general requirements for Access BPL
    systems, since the same system may now be carrying broadband signals
    as well as monitoring and control signals? How could, or should,
    these functions be separated?

-   What interference issues, if any, besides the issues raised under
    the general BPL interference section, *supra*, must be addressed
    with the deployment of high-speed power line carrier systems?

29. [Other Matters]{.underline}. The questions raised in this Notice of
    Inquiry are intended to solicit information to assist the Commission
    in deciding whether to propose rule changes as a result of the
    developing BPL technology. We realize that these questions do not
    necessarily encompass all of the possible issues raised by this
    technology. Parties therefore may wish to comment on the following
    additional topics:

-   What standardized transport and data link protocols are typically
    used between a user's personal computer, for example, and the
    Internet point of presence, over Access BPL systems? For example, is
    Point-to-Point Protocol (PPP), PPP over Ethernet (PPPoE),
    Asynchronous Transfer Mode (ATM), or other such lower layer
    protocols involved?

30. We seek information on the subject of communications over electric
    power lines from all interested parties to obtain a wide
    representation of viewpoints. Accordingly, we request comments on
    any other matters or issues, in addition to those discussed above,
    that may be pertinent to BPL technology.

# PROCEDURAL MATTERS

31. Pursuant to Sections 1.415 and 1.419 of the Commission\'s rules, 47
    C.F.R. §§ 1.415, 1.419, interested parties may file comments on or
    before **\[45 days from date of publication in the Federal
    Register\],** and reply comments on or before **\[75 days from date
    of publication in the Federal Register\]**. 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 Fed. Reg. 24121 (1998).

32. 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 ecfs@fcc.gov, and should include the following words in the body
    of the message, \"get form \<your e-mail address\>.\" A sample form
    and directions will be sent in reply.

33. 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. 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,
    Vistronix, Inc., will receive hand-delivered or messenger-delivered
    paper filings for the Commission\'s Secretary at 236 Massachusetts
    Avenue, N.E., Suite 110, Washington, D.C. 20002. The filing hours at
    this location are 8:00 a.m. to 7:00 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, D.C. 20554.
    All filings must be addressed to the Commission\'s Secretary, Office
    of the Secretary, Federal Communications Commission.

34. **Accessible Formats.** To request materials in accessible formats
    for people with disabilities (braille, large print, electronic
    files, audio format), send an e-mail to <fcc504@fcc.gov> or call the
    Consumer & Governmental Affairs Bureau at 202-418-0531 (voice),
    202-418-7365 (tty).

# ORDERING CLAUSES

35. IT IS ORDERED, that pursuant to Sections 4(i), 301, 302, 303(e),
    303(f), 303(r), 307 and 332(b) of the Communications Act of 1934, as
    amended, 47 U.S.C. Sections 154(i), 301, 302, 303(e), 303(f),
    303(r), 307 and 332(b), this Notice of Inquiry is hereby ADOPTED.

36. For further information regarding this Notice of Inquiry, contact
    Anh Wride, Office of Engineering and Technology, (202) 418-0577,
    awride@fcc.gov.

    FEDERAL COMMUNICATIONS COMMISSION

    Marlene H. Dortch

    Secretary

**SEPARATE STATEMENT OF**

**CHAIRMAN MICHAEL K. POWELL**

***Re:** Inquiry Regarding Carrier Current Systems, including Broadband
over Power Line Systems,*

*Notice of Inquiry, ET Docket No. 03-104.*

Broadband over Power Line has the potential to provide consumers with a
ubiquitous third broadband pipe to the home. The development of multiple
broadband-capable platforms -- be it power lines, Wi-Fi, satellite,
laser or licensed wireless -- will transform the competitive broadband
landscape and reap dramatic windfalls for American consumers and the
economy. Broadband over power lines is at the cutting edge of this
dramatic digital migration that will continue to free applications
(*e.g.,* voice, data, and video) from the regulatory and technological
shackles that have tied them to specific platforms (*e.g.,* voice to
copper and video to coaxial cable). While this migration is well under
way, our policies must be dynamic and flexible to further -- rather than
frustrate -- the transition.

Facilitating the development of new facilities-based platforms must be
among our core goals. The current wireless industry illustrates the
tremendous power of multiple facilities-based providers to foster
innovation, promote ubiquity, increase competition and drive down
prices. Wireless achieved these successes because the FCC employed a
relatively light regulatory hand and licensed multiple providers in each
market who built their own facilities to deliver value to consumers.
Power lines and other new platforms can deliver the same value in the
broadband market.

As I recently witnessed first hand at a local site visit, the potential
of this new technology is immense. Broadband over power lines can offer
consumers freedom to access broadband services from any room in their
home without need to pay for additional wiring, by simply plugging an
adaptor into an existing electrical outlet. For our nation's power
utilities, Broadband over power lines can improve the utilities' ability
to manage their electric grids through applications like remote power
outage notification, load management to reduce peak power usage, load
balancing, and remote meter reading. Power line technology also provides
for useful redundancy and diversity in communications networks that are
key aspects of secure homeland communications.

Power line networks are being tested today in a dozen states around the
country and are a testament to the incredible innovations taking place
in broadband network technologies. Today's notice explores ways to
update our rules to ensure that regulatory uncertainty does not in any
way hinder the deployment of these new services. Ultimately it will be
for the marketplace to decide how broadband over power lines fits into
tomorrow's competitive telecommunications landscape, but we welcome them
to the frontier of the digital migration.

**SEPARATE STATEMENT OF**

**COMMISSIONER KATHLEEN Q. ABERNATHY**

***Re:** Inquiry Regarding Carrier Current Systems, Including Broadband
Over Power Line Systems,*

*Notice of Inquiry, ET Docket No. 03-104.*

This Notice of Inquiry on power line broadband systems advances the
FCC's critical mission of bringing a new broadband platform to the home.
This proceeding will enable us to evaluate the current state of
powerline technology and determine whether changes to Part 15 are
necessary to facilitate its deployment. While the NOI focuses on
technical issues, such as procedures for measuring emissions from
carrier current systems, its policy implications are unmistakable: If
the FCC can help pave the way for the deployment of broadband over power
line technologies, that will prove tremendously valuable in promoting
the core statutory goals of broadband deployment and facilities-based
competition.

As the Commission has repeatedly made clear, facilitating broadband
deployment is one of our central policy objectives. In the *Triennial
Review* proceeding, the Commission sought to promote this goal by
restoring incentives for wireline carriers to invest in next-generation
fiber networks. And in the proceedings concerning the statutory
classification and regulatory treatment of cable modem and DSL services,
the Commission is seeking to create a more coherent and predictable
framework for the regulation of broadband services. But these
proceedings ― as important as they are ― will take us only so far. The
true key to achieving Congress's objective of a deregulatory and
procompetitive framework lies in moving beyond duopoly towards a world
where *multiple* facilities-based providers compete in the broadband
arena. Innovations such as broadband over power line systems hold great
promise in bringing us closer towards fulfillment of that goal.
Moreover, given the ubiquity of electric utilities, powerline technology
should help extend broadband services to rural and other underserved
areas. Together with exciting developments in the areas of wireless
broadband services and two-way satellite services (which should be aided
by today's item concerning satellite licensing reform), the maturation
of broadband over power line technology is a cause for celebration.

#  SEPARATE STATEMENT OF  {#separate-statement-of .unnumbered}

# COMMISSIONER MICHAEL J. COPPS {#commissioner-michael-j.-copps .unnumbered}

***RE:** Inquiry Regarding Carrier Current Systems, including Power Line
Broadband Systems,*

*Notice of Inquiry, ET Docket No. 03-104.*

We could be making some history here this morning. We could be on the
cusp of bringing new competition to the deployment of broadband and
doing so via technology with tremendous potential to reach not only the
easily reachable, but also our hard-to-reach fellow citizens living in
rural areas. Electric power infrastructure is near ubiquitous across the
country and turning this asset into a powerful new communications
technology could bring huge benefits to all of us. We're not there yet,
of course, but just catching a glimpse of what this could mean in terms
of the great broadband infrastructure challenge of the 21^st^ Century is
exciting. So I strongly support today's NOI, and I applaud the effort to
gather information critical to assisting the Commission to play a
constructive role in making this a reality without causing problems,
such as unacceptable interference, to existing radio devices.

Certainly we need to be quick about the task of gathering data,
assessing the technical challenges and developing the requisite
measurement procedures.

I believe, however, that it is also time to begin looking at some of the
policy implications that we will surely face before power line broadband
deployment becomes a reality. The implications of this technology are,
in fact, wide-ranging, and to ask commenters to begin exploring how
power line communications fit into, or challenge, our existing rules
strikes me as both prudent and timely. Important questions include: How
do we avoid cross-subsidy from a corporation's regulated energy
businesses to its communications business and resulting price hikes for
energy customers in non-competitive markets? What are the implications
of power line communications to universal service? To rural
communications? Are there pole attachment or rights-of- way issues we
should address?

I am not suggesting that we need to answer these questions, and I am
sure many others, right now. We do not have anywhere near enough
information. But I believe that the FCC works best when it tackles the
tough questions early on. If we ignore these issues now, we will just be
pushing the challenge down the line for another Commission to deal with.
And when they face the questions we didn't ask, they will not have the
advantage of the time for reflection that we have now.

So I will vote to approve in part and to concur in part, and I look
forward to working with the industry, the Bureau and my colleagues to
nurture this exciting potential into early reality. It really might be a
history-maker.

**SEPARATE STATEMENT OF**

**COMMISSIONER KEVIN J. MARTIN**

***Re:** Inquiry Regarding Carrier Current Systems, including Broadband
over Power Line Systems*,

*Notice of Inquiry*, *ET Docket No. 03-104.*

I am pleased to support this item, which opens an inquiry into issues
related to Broadband over Power Line (BPL) systems. BPL systems use
existing electric power lines to provide high-speed communications.
Because power lines are ubiquitous -- reaching virtually every community
and every home -- BPL systems have the potential to become a last-mile
solution throughout the United States. As such, they would not only
provide competition to cable broadband and DSL, they could bring
Internet access and high-speed broadband to rural and isolated areas,
which have been difficult to serve because of the high infrastructure
costs of reaching those areas. Moreover, BPL systems serve an important
homeland security function, providing a redundant data network.

Having seen first hand a BPL system in operation, I am confident that
this technology can achieve great things. Last week I visited a home in
Maryland, where Current Technologies has established a demonstration
site in cooperation with [Potomac Electric Power
Company.](http://www.pepco.com/) I came away truly impressed. Using BPL
technology, I was able to watch a DVD quality movie, play a highly
graphical interactive video game on the Internet, and print pages from a
news web site on a printer in another room -- all simultaneously. I was
impressed not only with the speed, but also with the ease with which the
home could be networked. Simply plugging a device into an electrical
outlet enabled it to communicate with the other devices plugged into
outlets in other rooms, as well as connect with the Internet. While I
recognize that full scale commercial applications may not immediately
achieve the speeds that I witnessed, it is clear this technology has
significant potential.

I wish to emphasize that the inquiry we commence today should in no way
slow down BPL deployment. Several companies have told me they can deploy
BPL technology under our existing rules. I strongly support such
efforts. This inquiry is meant to facilitate BPL technology. Whatever
rule changes we ultimately make, if any, I expect those changes to
complement existing efforts. Meanwhile, I look forward to receiving
comments in this proceeding.

**STATEMENT OF**

**COMMISSIONER JONATHAN S. ADELSTEIN**

***Re:** Inquiry Regarding Carrier Current Systems, including Broadband
over Power Line Systems,*

*Notice of Inquiry, ET Docket No. 03-104.*

The promise of Broadband over Power Line (BPL) systems is enormous. One
of my top priorities as a Commissioner is to speed the deployment of
broadband and other advanced services. I believe that the Commission
must do what it can to extend the benefits of the latest broadband
technologies -- such as broadband over power line -- to all Americans,
whether they live in the inner city, the suburbs, or rural areas. I am
encouraged that there already are several BPL experiments underway
across the country, and that we are initiating this proceeding to ask
questions and explore what further changes to our Part 15 rules may be
necessary to facilitate the further deployment of this exciting
technology.

I recently outlined an approach to spectrum management that promotes
continued industry development, employs a light regulatory touch, and
recognizes the unique traits of the electromagnetic radio spectrum as a
national resource. While power line broadband may not fall within the
traditional scope of spectrum management, BPL systems use existing
electrical power lines as a transmission medium to provide
communications by coupling RF energy onto the power line. Thus, I
believe that while we must be mindful of harmful interference, we cannot
let unsupported claims stand in the way of such an innovation as BPL
systems. Provided that the engineering bears out, I believe that we need
to push the boundaries to accommodate new technologies. A little noticed
provision of the Communications Act, Section 157, reads that "\[i\]t
shall be the policy of the United States to encourage the provision of
new technologies and services to the public." I am fully committed to
that mission to promote new technologies, and to provide a framework for
innovation so they can succeed.

For these reasons, the Commission's goal must be to achieve the greatest
amount of bandwidth for the greatest number of people -- today we take
an important step in furthering that goal. I look forward to reviewing
the record in this proceeding to learn more about the ability of BPL
systems to offer new avenues for broadband services.

Finally, I very much appreciate the interest in including questions in
the NOI that address universal service, competition, and other policy
issues that may be associated with the provision of broadband over power
line. However, the technology still is in the earliest stages of
development and testing, and the NOI was drafted with the sole focus of
addressing the technical issues associated with BPL systems, not the
policy ones. This item does not seem the right place to tackle these
important questions. I will support revisiting these non-technical
issues once the Commission gets a better understanding of the technology
and associated deployment of BPL systems.

[^1]: Home networks allow information to be transferred among computers,
    set-top boxes, information appliances and consumer electronics
    devices. Applications of home networking include shared Internet
    access, shared printing, file sharing between personal computers,
    and device control.

[^2]: Campus radio systems have been operating for over fifty years in
    the United States at many universities as unlicensed broadcast radio
    stations in the AM Broadcast band. Initially, the receiver and
    signal source were attached to the same electric power line. With
    the advent of the transistor radio, the receiver is still able to
    pick-up enough signal for adequate reception when placed next to the
    electric power line in a dormitory or other locations on the
    electric power lines. *See* 47 C.F.R. § 15.221.

[^3]: *See* *e.g.*, X-10 products for home automation at
    \<http://www.X10.com\>, and products conforming to
    ANSI/EIA-600.31-97 *Power Line Physical Layer and Medium
    Specification* (CEBus Standard).

[^4]: *See* 47 C.F.R. §§ 15.3(f) & (t), 15.5, 15.31(d), (f), (g) & (h),
    15.33(b)(2), 15.107(a)‑(c), 15.109(a), (b), (e) & (g), 15.113,
    15.201(a), 15.207(c), 15.209(a) and 15.221.

[^5]: *See* 47 C.F.R. § 15.3(f).

[^6]: *See* 47 C.F.R. §§ 15.3(z) and 15.3(o), respectively.

[^7]: See 47 C.F.R. § 15.3(t). A carrier current system operated by an
    electric utility to control the utility's electrical grid is defined
    as a power line carrier system in the rules.

[^8]: Power line carrier systems are only subject to 47 C.F.R. § 15.113.

[^9]: For example, the HomePlug Alliance, a consortium of over 90
    companies, has published its HomePlug 1.0 standard for PLB systems
    operating inside the home, with rated data speeds up to 14 Mbps and
    with multiple carrier frequencies spread between 4.5 and 21 MHz.
    Various independent tests performed by interested groups (*see
    e.g.*,
    \<http://www.pcworld.com/features/article/1,aid,86935,pg,7,00.asp\>)
    demonstrated sustained data throughput for HomePlug devices in the
    range of 5 to 6 Mbps.

[^10]: The Commission has recently granted experimental licenses to
    certain companies under 47 C.F.R. § 5, to evaluate outdoor PLB
    equipment installed on overhead power lines that operate over the
    range 1.7 to 80 MHz. A list of the experimental grants may be found
    at <https://gullfoss2.fcc.gov/prod/oet/index_els_ie.html>.

[^11]: *See 1998 Biennial Regulatory Review - Conducted Emission Limits
    Below 30 MHz for Equipment Regulated under Parts 15 and 18 of the
    Commission\'s Rules,* ET Docket 98-80, *Notice of Inquiry*, 13 FCC
    Rcd 12955 (1998).

[^12]: *See 1998 Biennial Regulatory Review - Conducted Emission Limits
    Below 30 MHz for Equipment Regulated under Parts 15 and 18 of the
    Commission\'s Rules,* ET Docket 98-80, *Report and Order*, rel. May
    30, 2002.

[^13]: *Id.*, at ¶ 2.

[^14]: In the United States, the average home has fewer than 5 telephone
    jacks and cable TV connections but may have 10 times as many AC
    outlets.

[^15]: *See* 47 C.F.R. § 15.109(e). Radiated emission limits vary with
    frequencies; for example, in the 1705 kHz to 30 MHz region, the
    radiated emission limit is 30 µV/meter, at a measurement distance of
    30 meters.

[^16]: *See* 47 C.F.R. §§ 15.109(e), 15.209(a) & 15.33(b)(2). For
    example, if the highest frequency generated or used in the device,
    or on which the device operates or tunes is 10 MHz, the upper
    frequency to be examined is 500 MHz.

[^17]: A conducted limit was not considered practical when the rules
    were formulated for campus radio systems, since these systems
    intentionally couple RF energy onto the power line. *See*
    47 C.F.R. § 15.107(c). Carrier current systems whose fundamental
    emission is intended for reception on AM broadcast receivers avoid
    interference to AM radio service by operating on a frequency that is
    not used by a local AM station.

[^18]: For the protection of the AM Broadcast service, the device is
    subject to a conducted emission limit of 1000 µV in the AM broadcast
    band (from 535 to 1705 kHz). *See* 47 C.F.R. §§ 15.107(c)(2) and
    15.221. This provision does not apply to power line carrier systems,
    which are subject to 47 C.F.R. § 15.113.

[^19]: *See* 47 C.F.R. §§ 15.33(b)(1). For example, if the highest
    frequency generated or used in the device, or on which the device
    operates or tunes is 50 MHz, the upper frequency to be examined is
    1000 MHz.

[^20]: *See* 47 C.F.R. §§ 15.109(a), (b), (e) & (g). Radiated limits for
    digital devices are separated into limits for Class A devices (*See*
    47 C.F.R. §§ 15.109(b)) and for Class B devices (*See*
    47 C.F.R. §§ 15.109(a)). Class A equipment is marketed for use in a
    commercial, industrial or business environment, excluding devices
    which are marketed for use by the general public or are intended to
    be used in the home. *See* 47 C.F.R. § 15.3(h). Class B equipment is
    marketed for use in a residential environment, notwithstanding use
    in commercial, business and industrial environments. *See*
    47 C.F.R. § 15.3(i).

[^21]: *See* 47 C.F.R. § 15.107(a) & (b) and footnote 18, *supra*.
    Conducted limits are also separated into limits for Class A devices
    (*See* 47 C.F.R. §§ 15.107(b)) and for Class B devices (*See*
    47 C.F.R. §§ 15.107(a)). Conducted limits are generally specified
    from 150 kHz to 30 MHz only, because signals below 30 MHz have
    wavelengths greater than 10 meters and lower propagation losses, and
    can take special advantage of long stretches of electrical wiring.

[^22]: There are limits on the effective operating length of the service
    cable between the transformer and a residence, such that in the
    United States, a single low-voltage transformer serves on average
    six to eight residential units. A single transformer may serve more
    residences in urban and multi-dwelling settings and fewer in rural
    settings.

[^23]: The low voltage transformer is a poor conduit for high-frequency
    digital signals, as it is intended to conduct 60 Hz signals.

[^24]: Access PLB consortiums include the Power Line Communications
    Association, the United Power Line Council, the European PLCForum
    Association, and others.

[^25]: Some Access PLB equipment deployed in Europe operates from 1.7
    MHz to 10 MHz.

[^26]: *See e.g.*, ANSI TIA/EIA 600.31 *Power Line Physical Layer and
    Medium Specifications*, and ANSI TIA/EIA 709.2 *Control Network
    Power Line (PL) Channel Specification*.

[^27]: *See* nSine, http://www.nsine.com/; EasyPlug,
    http://www.easyplug.com/; Itran, http://www.itrancomm.com/; Enikia,
    http://www.enikia.com/; DS2, http://cgi.ds2.es/; Phonex Broadband
    Corporation, http://www.phonex.com.

[^28]: In-House PLB consortiums include the Consumer Electronics
    Association, the EchoNet Consortium, the HomePlug Alliance, the
    European PLCForum Association, etc.

[^29]: Some In-House PLB equipment deployed in Europe use spectrum from
    10 to 30 MHz.

[^30]: *See* ¶ 12, *supra*.

[^31]: The Pole Attachment Act of 1978 gave the Commission authority to
    regulate the rates, terms and conditions for attachment of
    distribution cables from cable television companies to utility
    poles, in any state that does not have such regulations in place.
    The 1996 Telecommunications Act (the Act) added a nondiscriminatory
    access provision to the Pole Attachment Act, requiring any utility
    that uses its poles, ducts, conduits or rights of way for wire
    communications to provide cable television or telecommunications
    companies with access to that space in a non-discriminatory basis.
    *See* 47 U.S.C. § 224(b)(1). Access PLB equipment could therefore be
    installed in close proximity of cable television equipment and
    telecommunications equipment carrying high-speed digital
    transmission signals.

[^32]: *See* ¶ 8, *supra*.

[^33]: *See* footnote 9, *supra*. The FCC Laboratory is also in the
    process of testing In-House and Access PLB products.

[^34]: *See* 47 C.F.R. § 15.31(d). There is no test procedure specified
    in the rules for carrier current systems; however, general guidance
    on emission measurements below 30 MHz may be found in the American
    National Standards Institute (ANSI) C63.4 *Methods of Measurement of
    Radio-Noise Emissions from Low-voltage Electrical and Electronic
    Equipment in the Range of 9 kHz to 40 GHz.*

[^35]: *See* 47 C.F.R. §§ 15.109 and 15.209.

[^36]: *See* 47 C.F.R. § 15.31(f)(1) & (2). The extrapolation factor is
    used to address the difficulty of making measurements at large
    distances. "Decade", a 10:1 range, refers to the ratio of the
    specified measurement distance to the actual measurement distance.
    For example, in the 1.705-30 MHz band, measurements are specified at
    a distance of 30 meters. If however, actual measurements were made
    at a distance of 3 meters, the ratio of the distances is a decade
    (30/3=10) and the field strength result must be corrected by
    subtracting 40 dB.

[^37]: *See* ¶ 12, *supra*.

[^38]: *See* 47 U.S.C. § 302(a).

[^39]: The Commission recently made changes to Part 2 of the rules to
    allow designated private organizations, called Telecommunication
    Certification Bodies (TCBs), to approve equipment in the same manner
    as the Commission. *See Report and Order* in GEN Docket 98-68, 13
    FCC Rcd 24687 (1999).

[^40]: *See* 47 C.F.R. § 2.907.

[^41]: *See* 47 C.F.R. § 2.906.

[^42]: *See* 47 C.F.R. § 2.948(d). The laboratory must be accredited by
    the American Association for Laboratory Accreditation (A2LA), the
    National Voluntary Laboratory Accreditation Program (NVLAP) or a
    Designating Authority of a trading partner having a Mutual
    Recognition Agreement/Arrangement (MRA) with the United States

[^43]: *See* 47 C.F.R. § 2.902.

[^44]: *See* description of In-House PLB systems in ¶ 13. Although each
    computer to be networked must be connected to an In-House PLB
    module, all In-House PLB modules are similar in functionalities; in
    most cases, identical In‑House modules are used to interconnect.
    Each module must be authorized through the Equipment authorization
    program; however, one equipment authorization number covers all
    identical models.

[^45]: On the other hand, an Access PLB system may be composed of
    multiple, different but essential components that must work together
    in order for the system to be functional. Equipment authorization of
    a system composed of multiple components usually requires all
    components to be included in the authorization.

[^46]: *See* 47 C.F.R. § 15.5.

[^47]: *See* 47 C.F.R. §§ 15.113 and 90.35(f). *See also* *Memorandum Of
    Understanding of the Purpose, Requirements, and Procedures for a
    Power Line Carrier Notification Activity between the Federal
    Communications Commission, National Telecommunications and
    Information Administration, and Utilities Telecommunications
    Council*, Reference IRAC DOC. 26177, approved December 13, 1988,
    revised May 1, 1991.