ARRL Asks FCC Chairman to Recuse Himself from BPL Vote
NEWINGTON, CT, Oct 13, 2004--The ARRL has asked FCC
Chairman Michael K. Powell to recuse himself from participating October 14 when
the full Commission considers a broadband over power line (BPL) Report and
Order in the proceeding, ET Docket 04-37. The League alleges Powell broke
the Commission's own ex parte rules by appearing at a broadband over
power line (BPL) demonstration in Manassas, Virginia, just two days before the
FCC meeting. In general, Sunshine Agenda rules prohibit any such contacts between
the FCC and stakeholders once a proceeding has formally been placed on the FCC
agenda.
"It's a glaring, glaring violation of the ex parte rules,"
ARRL General Counsel Chris Imlay, W3KD, asserted today. Because of the short
fuse involved, Imlay filed the Motion
for Recusal of Chairman Michael K. Powell October 12 via e-mail on an
"emergency basis." The petition asks that Powell recuse himself from
participating in the BPL proceeding, "both generally and specifically," at the
October 14 meeting.
Powell, an open proponent of BPL, played host to Federal
Energy Regulatory Commission Pat Wood III as they toured various sites in
Manassas, the site of a BPL field trial, and explained why BPL may be another
broadband option.
The ARRL's motion asserts that Powell "either knew or
should have known that his participation in that presentation is in clear
violation of Section 1.1203 of the Commission's Rules." As a result, the League
said, the FCC's consideration of a Report and Order in the proceeding
"is irrevocably tainted."
The FCC released its October 14 meeting agenda on
Thursday, October 7. The ARRL learned the following day that Powell and Wood
were planning to attend the BPL demonstration. The City of Manassas is running
a BPL field trial on its municipal power system. The ARRL immediately protested
via e-mail "in the strongest possible terms," but did not receive any response
until October 12, since Monday, October 11, was a federal holiday for Columbus
Day.
Imlay said he finally heard back from two staffers in the
FCC Office of General Counsel who said that the attendance by Powell and
Powell's legal aide was legal under an exception to the ex parte rules
spelled out in Section 1.1204, Subsection 10, of the FCC's rules.
For more information on BPL, visit the "Broadband Over Power Line (BPL) and Amateur
Radio" page on the ARRL Web site.
Page last modified: 11:27 AM, 13 Oct 2004 ET
Page author: awextra@arrl.org
Copyright © 2004, American Radio Relay League, Inc. All Rights Reserved.
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