Subject: [NEXTEL-1] FCC Issues a brief extension of time to file comments Broadband over Power Line Systems

From: [email-masked]
Date: Fri, 28 May 2004 12:43:48 -0400

Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of

Carrier Current Systems, including Broadband over Power Line Systems

Amendment of Part 15 regarding new requirements and measurement
guidelines for Access Broadband over Power Line Systems
ET Docket No. 03-104

ET Docket No. 04-37

ORDER GRANTING EXTENSION OF TIME

Adopted:  May 26, 2004              Released:  May 27, 2004

By the Chief, Office of Engineering and Technology:

1. On February 23, 2004, the Commission released a Notice of Proposed
Rulemaking (NPRM) in ET Docket Nos. 03-104 & 04-37, seeking comment on
proposed rule changes to Part 15 of the Commission’s rules to promote
the deployment of Broadband over Power Line (BPL) systems.   The NPRM
was published in the Federal Register on March 17, 2004, establishing a
comment date of May 3, 2004, and reply comment date of June 1, 2004.
On April 30, the Commission released an Order denying extension of time
for comment and reply comment periods in the above captioned
proceeding.   On May 21, 2004, the National Antenna Consortium (NAC) and
The Amherst Alliance (NAC/Amherst) submitted a joint request for
extension of time to file reply comments.   For the reasons set forth
below, we now extend the reply comments date to June 22, 2004.  Comments
should be filed pursuant to the instructions provided in the NPRM.

2. In its pleading, the NAC/Amherst predicates its renewed request for
extension of time on the future release of the Phase 2 of the study of
BPL systems by the National Telecommunications & Information
Administration (NTIA), stating that the study is a two-part study, and
that, although Phase 1 of the study was released on April 27, 2004,
Phase 2 is still pending.  Thus the pleading states that commenting
parties are not being allowed adequate time for the preparation of
filings to address the complete NTIA’s study on BPL interference.  Based
on this, the NAC/Amherst requests that the reply comment deadline be
extended to the latter of these two dates: (a) September 1, 2004; or (b)
two months after the public release of Phase 2 of the NTIA’s study of
BPL interference.  Further, the NAC/Amherst requests that the Commission
re-issue, “in a form which is substantially more and complete in its
details,” those provisions of its proposed rule which concern
interference prevention, interference mitigation and the enforcement of
standards.

3. We find that a brief extension of time to file comments in this
proceeding is in the public interest.  It is the policy of the
Commission that extensions of time shall not be routinely granted.
However, NTIA has indicated that it will submit comments and a Technical
Appendix in this proceeding by May 28, 2004 and in light of the
potential utility of the NTIA submission and our interest in receiving
public comment on that study, an extension of time is warranted here.
We believe that three weeks should provide ample time for review and
analysis of this information, and accordingly grant the extension for
that period.  While NAC/Amherst has requested a longer time, it has
presented no specific justification for such a longer time, nor is one
evident to us.   We note that Access BPL systems are already allowed to
be deployed under our existing Part 15 rules for carrier current
systems.  We specifically note that because the Commission is fully
cognizant of interference concerns, the NPRM proposes not only to retain
the existing Part 15 limits for BPL systems, but to place additional
requirements on BPL systems, over and above the Part 15 requirements.
Thus, delaying this proceeding diminishes the Commission’s ability to
protect licensed users currently occupying this spectrum, and an
extension beyond the three weeks granted herein would needlessly
increase regulatory uncertainty about this technology’s promise to
deliver broadband services to American consumers and Internet and
high-speed broadband access to rural and underserved areas.

4. We further observe that the NAC/Amherst did not suggest the manner in
which our proposed rules were insufficiently described to provide an
opportunity for effective consideration and comment and did not provide
any compelling reason which would warrant a re-issue of our proposals on
interference mitigation set forth in the NPRM.

 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) and 4(j)
of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i) and
154(j), and sections 0.31, 0.241, and 1.46 of the Commission’s rules, 47
C.F.R. §§ 0.31, 0.241, and 1.46, the Motion of NAC/Amherst IS GRANTED,
IN PART, and the deadline for filing reply comments in the above
captioned proceeding IS EXTENDED to June 22, 2004.

FEDERAL COMMUNICATIONS COMMISSION

Edmond J. Thomas
Chief, Office of Engineering and Technology

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1552A1.doc

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