FCC To Debate BPL Deregulation Decision
TelecomWeb

The Federal Communications Commission (FCC) next week may decide on 
whether to deregulate broadband over power line (BPL) offerings as 
information services, based on a seven-month-old petition from the 
United Power Line Council (UPLC) and its United Telecom Council (UTC) 
affiliate.

The UPLC/UTC request to the commission for a declaratory ruling in 
effect asks that BPL-based Internet-access service be given the same 
light-touch treatment the regulator has allowed for cable modems and 
telco-oriented digital subscriber line (DSL) broadband offerings. The 
December 2005 petition tentatively has been placed on the agenda of 
the FCC's Aug. 3 open meeting for consideration and a vote.

The utility-industry group, which has supported cable-modem and DSL 
classification as deregulated information services, says parity for 
BPL-enabled Internet access would be consistent with the commission's 
previous determinations on the other services. UPLC and UTC also 
maintain the move - allowable under the auspices of the 
Communications Act of 1934 - also would promote broadband access and 
competition by BPL by providing regulatory clarity and certainty, 
which is important for the still-nascent commercial deployment of BPL 
and which already is enjoyed by cable-modem and DSL providers.

The petition urges the FCC to classify BPL-enabled broadband service 
as an interstate information service because it shares all the 
relevant similarities with other broadband services, including cable 
modem and DSL. "BPL-enabled broadband service is an integrated 
finished service that combines computer processing with transport 
capabilities, like cable modem and DSL services," the petition says. 
"BPL is also an interstate service, in the sense that the traffic is 
routed over the Internet, like cable modem and DSL services."

UPLC and UTC suggest the BPL business would need the pricing, 
marketing and deployment flexibility of the information-services 
classification to provide a meaningful intermodal rivalry in the 
high-speed access business currently dominated by cable modems and 
DSL. The FCC just recently issued statistics on the extent of those 
two technologies' domestic penetration. The petition also points out 
that the U.S. Supreme Court in theBrand Xcase in June 2005 upheld the 
FCC's authority to classify cable-modem offerings as information 
services, paving the way a short time after for the commission to 
give telco broadband and DSL the same treatment.

The emerging BPL business previously has had to fight regulatory 
battles mostly over RF interference charges; for the most part, it's 
emerged victorious. In the current FCC proceeding, BPL essentially 
gets support from utility allies, would-be BPL provider First 
Communications and the Telecommunications Industry Association. UPLC 
and UTC also have had to counter opposing arguments - many from 
various state and national cable-TV operator associations - as well 
as rebuffing suggestions that conditions be placed on the 
reclassification surrounding cross, universal-service and access charges.

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Duane Whittingham (N9SSN) - Producer
Tom and Darryl Radio Shows & Saturday Morning Confusion
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