Subject: [NEXTEL-1] BPL...yeah right!

From: "Gregg Lengling" <[email-masked]>
Date: Fri, 12 Mar 2004 18:19:05 -0000

MY COMMENTARY ON BPL

	I'm not very happy with this whole BPL controversy.  It seems the
greater good is being supplanted for the greater gain.  The voices of many
Amateur Radio operators, Public Safety entities and others have been
ignored.  No empirical evidence has been presented to show that indeed there
will be no interference, from either direction.

	Of course the FCC rules for Part 15 devices basically state that
they must accept any interference from licensed services, and must not cause
any intentional or unintentional interference to licensed services.  This is
all fine and dandy..but..I envision this to not be the case.  Here's how my
scenario plays out:

	An electrical system provider using BPL technologies starts getting
complaints of interference from some local hams.  They investigate and work
and work and work to reduce the interference (notice I say reduce as there
will be no practical way to totally eliminate it).  After a while they start
getting tired of the complaints (remember Hams are very tenacious persons),
and try to ignore it.  But then all of a sudden their system keeps crashing
and they find that the failures are due to interference (you guessed it)
from a Licensed Amateur Radio Station on 3.850 MHz.  Now legally they have
to accept the interference and live with it or give up.  I don't think that
will be the case.  Remember Utilities are huge corporations and what does
every big corporation have in common?  Yes you guess it, lawyers.

	Now the first thing they are going to do is tell the Board of
Directors, the rules and laws governing this operation makes it legal hassle
to make this work as with the way the rules are they can't stop the ham from
interfering.  But this is not what the board wants to hear.  They as the
Legal Beagles, "What can we do?"  The only way around it is to change the
rules.  Well the FCC isn't going to change the rules (well maybe they are
but not in this scenario), so they look to the courts.  As this goes up
through the court system, the same thing keeps happening, the law states you
have no recourse.

	But then it gets interesting as it makes it to District or Supreme
Court territory.  They start claiming that the rules are flawed and that BPL
is legal and for the greater good of supplying Broadband Access to the
Public that this little problem with Hams should be put to the side.
Remember we're a Public Utility serving the Public, not a small group of
Hams.  "Your Honor, I ask you to find that Part 15 is flawed and for you to
direct the FCC to repair it and give us Primary Access to these frequencies
for our system."  

	And guess what?  Yes the judge agrees and the world is a better
place.  Or is it????

Gregg R. Lengling, W9DHI, Retired
Administrator http://www.milwaukeehdtv.org
K2/100 S#3075 KX1 S# 57
Politics is the art of appearing candid and completely open, while
concealing as much as possible.   -States: The Bene Gesserit View

------------------------ Yahoo! Groups Sponsor ---------------------~-->
Buy Ink Cartridges or Refill Kits for your HP, Epson, Canon or Lexmark
Printer at MyInks.com. Free s/h on orders $50 or more to the US & Canada.
http://www.c1tracking.com/l.asp?cid=5511
http://us.click.yahoo.com/mOAaAA/3exGAA/qnsNAA/61FxlB/TM
---------------------------------------------------------------------~->

-- 
    "NEXTEL-1 IT'S NOT JUST NEXTEL"
  Note The New address 
Subscribe to Nextel-1: http://www.groups.yahoo.com/subscribe/NEXTEL-1

  "NEXTEL2 FOR iDEN SOFTWARE DEVELOPERS"
Subscribe to Nextel2: http://www.groups.yahoo.com/subscribe/NEXTEL2

  "WIRELESS FORUM HOMELAND SECURITY GROUP"
     The Complete Resource for Wireless Homeland Security.
Subscribe to WFHSG:  http://www.groups.yahoo.com/subscribe/WFHSG

Yahoo! Groups Links

<*> To visit your group on the web, go to:
     http://groups.yahoo.com/group/NEXTEL-1/

<*> To unsubscribe from this group, send an email to:
     [email-masked]

<*> Your use of Yahoo! Groups is subject to:
     http://docs.yahoo.com/info/terms/