Experimental License, BPL Court Challenge on Executive Committee Agenda:

The ARRL has applied to the FCC for a Part 5 Experimental license on behalf of a group of amateurs interested in operating in the vicinity of 500 kHz. ARRL General Counsel Chris Imlay, W3KD, announced the filing during a meeting of the ARRL Executive Committee April 9 in Denver. The experimental application was among several items the EC dealt with in addition to its recommendations http://www.arrl.org/news/stories/2005/04/13/1/ http://www.arrl.org/news/stories/2005/04/13/1/ to the ARRL Board of Directors regarding a planned regulation-by-bandwidth petition.

If granted, the two-year Part 5 license would permit experimentation and research between 495 and 510 kHz using CW and PSK31 at power levels of up to 20 W effective radiated power. ARRL Member Fred Raab, W1FR, of Burlington, Vermont, would manage the project, which calls for 23 discrete fixed sites from New England to California and Minnesota to Louisiana.

In other business, Imlay noted that the pleading cycle on petitions for reconsideration of the FCC's October 14, 2004, Report and Order (R&O) on Broadband over Power Line (BPL) has closed. He also reminded the panel that the FCC has yet to take effective enforcement action in a single case of ongoing BPL interference.

Imlay informed the EC that he sees at least two strong procedural bases to challenge the BPL R&O in the US Court of Appeals. After some discussion, the committee instructed Imlay to develop a recommendation for outside counsel to assist with such an appeal. In March, ARRL CEO David Sumner, K1ZZ, said the League did not expect the FCC to make any substantive changes to the R&O in response to various petitions for reconsideration and that the BPL proceeding ultimately would wind up in court.

On other legal and legislative matters, Imlay indicated that the FCC R&O in another proceeding, "Nationwide Programmatic Agreement for Review Under the National Historic Preservation Act of 1966," WT Docket 03-128, has implications for radio amateurs who might want to install antennas near historic sites. Required procedures could be cumbersome and expensive, he told the EC. The committee asked ARRL staff to begin discussions with FCC staff to come up with the best way to minimize the burden on both Amateur Radio licensees and the Commission.

The EC reviewed the status of enforcement action against an unlicensed individual in Southern California and agreed that the process has been unacceptably slow. The result has been continued and ongoing interference to repeaters in the Los Angeles area.

ARRL President Jim Haynie, W5JBP, reported to the EC on recent informal discussions with National Telecommunications and Information Administration (NTIA) personnel regarding the possibility of increasing amateur privileges in the 60-meter band. Haynie cited the favorable experience to date sharing five discrete channels with federal government stations. A possible presentation to federal government spectrum managers could be the next step.

Haynie also reported briefly on his February visit to Central America to promote Amateur Radio as an educational tool. Haynie expressed appreciation for the help of ARRL Technical Relations Office staff member John Siverling, WB3ERA, and noted that the ARRL delegation was warmly received.

Minutes of the April 9 Executive Committee meeting are on the ARRL Web site http://www.arrl.org/announce/ec_minutes_476.html.

Source:

The ARRL Letter Vol. 24, No. 16 April 22, 2005

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