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Texas Lawmakers Ignoring Amateur Radio Concerns in BPL Bill, ARRL SM Says

NEWINGTON, CT, Apr 26, 2005--A bill in the Texas Senate aimed at amending that state's utilities code to "encourage the deployment of BPL" by electric utilities has received unanimous approval from the Senate Business and Commerce Committee. Sen Troy Fraser, the sponsor of the measure--S.B. 1748--also chairs the panel. After holding a hearing April 21 and reporting the bill out of committee, the panel also voted to put it on the "consent agenda" to expedite its passage in the Texas Senate. ARRL North Texas Section Manager Tom Blackwell, N5GAR, says the BPL bill was added to the committee's hearing agenda at the last minute "so we would have the minimum amount of time to submit input." At the hearing itself, "everything was well scripted in advance," he said, and radio amateurs' concerns about the measure have fallen on deaf ears.

"Those who opposed this and made phone calls, sent letters or e-mail or who made personal visits to the staff members or senators themselves were summarily ignored," Blackwell said. He suggests that his constituents would make better use of their time at this point by contacting members of the Texas House.

"I know there are amateurs who want their views considered on this bill," Blackwell said. "Amateurs deserve respectful treatment and consideration from these elected officials who will decide the outcome of these issues."

The committee originally had set April 5 as the hearing date for S.B. 1748, and one radio amateur showed up prepared to testify and signed a witness affidavit. Fraser then announced that the committee would not be accepting testimony on the bill that day, and the hearing subsequently was rescheduled.

As drafted, the bill establishes a state regulatory framework for electric utilities, municipally owned utilities and electric cooperatives to develop and deploy BPL systems in Texas. It would allow utilities to lease their power lines to other concerns to operate BPL systems. The measure also would authorize a utility, should it chose to do so, to recover its BPL investment from ratepayers. A utility offering BPL would only have to consider 40 percent of its BPL revenues as income in rate proceedings.

Fraser asserts that his measure, introduced March 11, will prove "especially important to rural Texas, where high-speed Internet service is not readily available." But he conceded in a statement issued after the bill's favorable committee report that BPL "is still in the early stages of development." His bill also makes BPL secondary to the delivery of electric power and requires that BPL not affect the reliability of power delivery.

An Irving, Texas, BPL pilot project that was the target of an ARRL complaint shut down in March and removed its equipment. The ARRL's March 15 filing to the FCC's Enforcement Bureau, its Office of Engineering and Technology, system operator TXU and equipment manufacturer Amperion supported an Amateur Radio complaint. The League has since withdrawn its complaint. There's been no word from TXU as to why it shut down the system and removed its equipment.

   



Page last modified: 08:11 AM, 26 Apr 2005 ET
Page author: awextra@arrl.org
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