ARRL Members' Donations Vital to Success of BPL Court Appeal:

ARRL CEO David Sumner, K1ZZ, is urging League members to turn their outrage at the FCC's unreasonably favorable treatment of unlicensed BPL systems into generous donations to the 2007 ARRL Spectrum Defense Campaign. The ARRL is suing the Commission in the US District Court of Appeals -- DC Circuit on the ground the FCC concocted rules to -- in Sumner's words -- "accommodate a polluter of the radio spectrum" at the expense of the licensed users it's supposed to protect.

"The BPL rules adopted in 2004 were bad enough," Sumner stressed in an appeal for member contributions to the Spectrum Defense Campaign to help cover the considerable expense of the court appeal. "The rules adopted in 2006 are intolerable. Never before has an unintentional emitter been given a free pass to interfere with licensed radio services."

The ARRL's suit will focus in part on a new FCC rule aimed directly at mobile stations in all radio services, including public safety systems, that the Commission slipped into its August 2006 Memorandum Opinion and Order (MO&O) that dealt with various petitions, including one from ARRL, to reconsider portions of the October 2004 BPL Report and Order (R&O) establishing rules governing BPL systems. The new rule, §15.611(c)(1)(iii), provides that BPL operators only have to reduce emission levels below established FCC permissible limits by 20 dB below 30 MHz and by 10 dB above 30 MHz -- even if that's insufficient to resolve harmful interference complaints.

"This isn't just a proposal. It's a rule that is now in effect," Sumner points out in his letter. "With one stroke, the rights of FCC licensees have been subordinated to those of spectrum polluters!"

The League further maintains that the FCC erred in declining to adjust the 40 dB per decade "extrapolation factor" applied to emission measurements performed at distances from power lines other than those specified in Part 15. The existing Part 15 rule causes test results to underestimate actual field strength, the ARRL has asserted, arguing that a figure closer to 20 dB per decade is appropriate. Sumner says the FCC simply didn't listen, however.

"Without even attempting to address this evidence, the FCC simply concluded: 'No new information has been submitted that would provide a convincing argument for modifying this requirement at this time,'" he said. "Information was submitted; the FCC ignored it."

Sumner says that determining the outcome you want and adjusting the facts accordingly doesn't constitute reasoned decision-making, as the League will demonstrate in court. "We will show that the FCC did not come to a reasoned decision in developing its BPL rules," he said.

Highlighting the extreme importance of the League's BPL lawsuit, Sumner warns that even if BPL should disappear tomorrow, "the FCC's preference for unlicensed, unintentional emitters over the interests of its licensees will remain on the books."

"Bad rules left unchallenged will lead to even worse rules later," he said.

Sumner reviews the League's history of BPL dealing with the FCC in his "It Seems to Us . . . " editorial, "Pretending to Sleep" on page 9 of October QST http://www.arrl.org/news/features/2006/10/01/1/.

ARRL Chief Development Officer Mary Hobart, K1MMH, says that while ARRL 2007 Spectrum Defense Fund donors have been quite generous, there's still some distance to go before the campaign reaches its goal of $250,000 by year's end.

"The League has your back," Hobart tells ARRL members. "This lawsuit is an important and very expensive proposition, undertaken only after careful consideration by the ARRL Board of Directors. We try to make every dollar count, and in this instance, they will count."

While the spotlight this fall is focusing on the BPL court appeal, the League still needs to be in a position to support its ongoing spectrum defense efforts, she added. "The best thing members can do is contribute. This is a case where the ARRL is putting its money where its mouth is, and member support is critical."

Hobart stressed that reaching the campaign's goal by December 31 is paramount. "It's been a good financial year for many people," she said, "and we hope those who have benefited from the economic upswing will opt to be as generous as they can."

Source:

The ARRL Letter Vol. 25, No. 48 December 8, 2006

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