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Classification as Information Service

This holding has been superceded by Open Internet.

United Power Line Councilís Petition for Declaratory Ruling Regarding the Classification of Broadband over Power Line Internet Access Service as an Information Service, 21 F.C.C.R. 13281 (2006). 

"On December 23, 2005, the United Power Line Council (UPLC) filed a petition for declaratory ruling requesting that the Commission issue a ruling that broadband over power line-enabled Internet access service (BPL) is an information service as defined in the Communications Act of 1934, as amended. In its petition, UPLC argues that BPL is like other broadband services, including cable modem service and Digital Subscriber Lines (DSL), that are classified as information services and thus BPL should be classified as an information service. Additionally, UPLC asserts that classifying BPL as an information service would serve the public interest because it would remove regulatory uncertainty and promote broadband access and competition. Further, UPLC avers that the Commission can issue a declaratory ruling based on the existing record in several proceedings. "

MOO 11/07/06: "In this Memorandum Opinion and Order, we classify Broadband over Power Line (BPL)-enabled Internet access service to be an information service under the Communications Act of 1934, as amended (Communications Act or Act). Additionally, we find that the transmission component underlying BPL-enabled Internet access service is "telecommunications," and that the offering of this telecommunications transmission component as part of a functionally integrated, finished BPL-enabled Internet access service offering is not a "telecommunications service" [and therefore not subject to Title II and the Computer Inquiries]. Further, we find that neither the Communications Act nor relevant precedent mandates that broadband transmission be a "telecommunications service" when provided to an Internet service provider (ISP) as a wholesale input for the ISP's own BPL-enabled Internet access service offering, but that the BPL provider may choose to offer it as such."

UNITED POWER LINE COUNCIL'S PETITION FOR DECLARATORY RULING REGARDING THE CLASSIFICATION OF BROADBAND OVER POWER LINE INTERNET ACCESS SERVICE AS AN INFORMATION SERVICE. Classified Broadband over Power Line (BPL)-enabled Internet access service to be an information service under the Communications Act of 1934, as amended (Communications Act or Act). (Dkt No. 06-10). Action by: the Commission. Adopted: 11/03/2006 by MO&O. (FCC No. 06-165). WCB  FCC-06-165A1.doc FCC-06-165A2.doc FCC-06-165A3.doc FCC-06-165A4.doc FCC-06-165A5.doc FCC-06-165A1.pdf FCC-06-165A2.pdf FCC-06-165A3.pdf FCC-06-165A4.pdf FCC-06-165A5.pdf FCC-06-165A1.txt FCC-06-165A2.txt FCC-06-165A3.txt FCC-06-165A4.txt FCC-06-165A5.txt

CITE AS: In the Matter of United Power Line Councilís Petition for Declaratory Ruling Regarding the Classification of Broadband over Power Line Internet Access Service as an Information Service, WC Docket No. 06-10, Memorandum Opinion and Order, 21 FCC Rcd 13281 (2006) (BPL-Enabled Internet Access Services Order).

Technical Standards

Docket(DA No. 06-49). (Dkt No 06-10) United Power Line Council's Petition for Declaratory Ruling regarding classification of BPL as Info Service

"In this Request for Further Comment and Further Notice of Proposed Rulemaking (FNPRM), we address certain issues from the Commission's Report and Order on rules for broadband over power line systems and devices (BPL Order) that was remanded by the United States Court of Appeals for the District of Columbia. In the BPL Order, the Commission established technical standards, operating restrictions and measurement guidelines for Access Broadband over Power Line (Access BPL) systems to promote the development of such systems while ensuring that licensed radio services are protected from harmful interference. In ARRL v. FCC, the court remanded the BPL Order to the Commission for further consideration and explanation of certain aspects of its decision. Specifically, the court directed the Commission to provide a reasonable opportunity for public comment on unredacted staff technical studies on which it relied to promulgate the rules, to make the studies part of the rulemaking record, and to provide a reasoned explanation of the choice of an extrapolation factor for use in measurement of emissions from Access BPL systems."

AMENDMENT OF PART 15 REGARDING NEW REQUIREMENTS AND MEASUREMENT GUIDELINES FOR ACCESS BROADBAND OVER POWER LINE SYSTEMS/CARRIER CURRENT SYSTEMS, INCLUDING BROADBAND OVER POWER LINE SYSTEMS. Request for Further Comment and Further Notice of Proposed Rulemaking responds to a DC Circuit Court of Apples remand of the Commission's Report and Order for further consideration and explanation of its decision. by REQUEST FOR FURTHER COMMENT. (Dkt No. 04-37 03-104). Action by: the Commission. Adopted: 07/16/2009 by FNPRM. (FCC No. 09-60). OET PDF WORD TXT

 

Amendment of Part 15 regarding new requirements and measurement guidelines for Access Broadband over Power Line Systems

ET Docket No. 04-37 Order Aug 3, 2006 "In response to various petitions for reconsideration of the Report and Order in this proceeding, we are futher amending Part 15 of our rules regarding the unlicensed operation of Access broadband over power line (BPL) systems. Specifically, we are amending the rules to eliminate the exclusion zone requirement for the ten listed radio astronomy facilities and to add a new exclusion zone for one Very Large Array (VLA) radio astronomy observatory site at 73.0-74.6 MHz. In addition, we are amending the rules to add prospective protection for relocated aeronautical facilities and to correct the coordinates and email contact for the aeronautical facilities subject to BPL consultation. We believe these changes will further development and growth of BPL devices. We are denying the petitions for reconsideration in all other respects."

1. By this action, we are proposing to amend Part 15 of our rules to adopt new requirements and measurement guidelines for a new type of carrier current system that provides access to broadband services using electric utility companies' power lines.   Because power lines reach virtually every home and community in the country, we believe that these new systems, known as Access broadband over power line or Access BPL, could play an important role in providing additional competition in the offering of broadband services to the American home and consumers, and in bringing Internet and high-speed broadband access to rural and underserved areas.  At the same time, we are cognizant that the possibility of widespread operation of Access BPL raises interference concerns and that we must protect licensed radio services from any harmful interference that might occur.  In this regard, we are proposing to require that BPL systems and devices incorporate capabilities to mitigate harmful interference should it occur.  We are also proposing to adopt administrative requirements to aid in the identification and resolution of harmful interference from Access BPL systems.  Finally, we are proposing to clarify certain measurement guidelines for all types of carrier current systems that use electric wiring and electrical outlets within homes and buildings to transfer information between computers and other electronic devices.  With these proposals, we take an important step towards promoting the deployment of new broadband networks that are expected to enhance the economic, educational and social well-being of all Americans.  Specifically, we believe that the proposed changes will remove regulatory uncertainties and facilitate the introduction and use of this promising new technology. 

Internet over Powerline NOI ET Docket 03-104

Litigation