said by fAcEtIOUs:ARRL won on 2 items:
- that the FCC should not have refused to provide some FCC studies that said BPL could cause serious interference.
- that the FCC didn't provide a justification for a technical interference criteria it used.
But the FCC won on what I think is a big item:
- the right to allow unlicensed devices to interfere with licensed spectrum. The ARRL wants the FCC to shut down any BPL systems that cause interference. The court said the FCC doesn't have to do that.
So, who really wins here? The FCC didn't follow some procedures it should have. So now all they have to do is cross some T's and dot some I's and they have followed the court ruling. But they still have the right to ignore BPL interference as long as they follow the correct procedures on hearings and notifications.
The ARRL won on 2 points, but lost on 2 points of their complaint: Here is the actual ruling:
»
pacer.cadc.uscourts.gov/common/o···2979.pdfAnd here is the key part of the ARRL complaint that the ARRL lost and isn't talking about:
First, without acknowledging it, the Commission abrogated seventy years of precedent by invoking section 302 of the Act to authorize the operation of unlicensed devices that could interfere with licensed devices, and by no longer requiring them to cease operation if they actually cause
harmful interference.
You hit the nail on the head. This turns the whole point of licensing on its head. The court, the general public, and certainly the BPL fan boys don't know enough to understand it. Others in the wireless industry may get it, but they won't do anything until it's at their doorstep. The way the law is now written, BPL could legally interfere with your local ambulance, police, or fire company if their emissions are below a certain point, and the BPL carrier can tell the interference victim to go stick it. I think the chances are very, very slim that it will ever happen with where BPL is at now, but if it somehow takes off with this whole grid management movement/"think of the power grid" hype, it could happen. Even worse, it sets a precedence. Could whitespace devices be allowed to run amok on over-the-air TV? What about the next kewl unlicensed technology being touted by well-funded lobbyists with hockey-stick growth charts who decide to use the cellular and PCS bands? Good job, FCC.
