FCC dealt setback in broadband-over-power-lines push

In a potential setback for fans of broadband over power lines, a federal appeals court has sided in part with amateur radio operators who challenged rules designed to speed the nascent Internet service's rollout. When setting rules for BPL operators nearly two years ago, the Federal Communications Commission said it was trying to encourage deployment of a "third pipe" to compete with cable and DSL services, while establishing limits aimed at protecting public safety, maritime, radio-astronomy, aeronautical navigation, and amateur radio operators from harmful interference. The American Radio Relay League (ARRL), which represents amateur and ham radio operators, however, promptly sued the agency, contending that the FCC's approach was insufficient to ward off interference with its radios and inconsistent with its previous rules. On Friday, the U.S. Appeals Court for the District of Columbia on Friday issued a ruling that took issue with the way the FCC arrived at its rules. During its rulemaking process, the FCC relied on five scientific studies that measured BPL devices' radio emissions, in an attempt to determine interference risks with other users of the spectrum. Although the agency released those studies during a public comment process required by federal law, it redacted portions of them, arguing they were just "internal" communications that didn't influence its deliberations. But after reviewing the unredacted studies in private, the majority of the judges agreed with the ARRL that it was against federal administrative procedure law to keep those portions under wraps, particularly since they could called the FCC's rules into question.
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