Updated 10-6-2005
The BPL & Telecom bill has been signed by Governor Rick Perry. This action has triggered a new Federal lawsuit - -
The BPL and Telecom bill, SB 5, by Senator Troy Fraser (R - Horseshoe Bay), passed the House and Senate in Governor Perry's Second Special Session. A companion bill, HB 13, was sponsored by Phil King (R-Weatherford).
This is not the original BPL bill that we discussed in April. Additional protections were added in a House floor amendment by Rep. Will Hartnett, of Dallas. This gives Texas Public Utilities Commission officials the right to shut down any interfering BPL system.
Rep. Hartnett has contacted me again, offering to help see that this is carried out - if I report BPL interference to him.
Rep. Sid Miller and Rep. Charles "Doc" Anderson, of North Texas, also responded to amateurs. They presented a floor amendment to strengthen these protections with a notice requirement. Their amendment was opposed by Rep. Phil King, and it was defeated. The members who voted not to table this amendment are:
Allen, A.; Callegari; Campbell; Casteel; Davis, Y.; Delisi; Dutton; Edwards; Farrar; Geren; Hardcastle; Herrero; Hilderbran; Howard; Jones, J.; Kolkhorst; Laney; Leibowitz; Martinez; Miller; Oliveira; Talton; Thompson; Truitt; Uresti; Vo; Wong.
- - Source: Texas House Journal, 8-9-05, HB 13, Amendment 2
The Texas Cable Television Association opposed SB 5 and asked the Governor to veto it. They asked the public to contact Governor Perry, using their web page.
This is at http://www.txcable.com. They say this Telecom bill does not provide them with a level playing field with their competitors. They also ran a video presentation on a number of cable systems in Texas. It is also available on their web page.
Here is a recent commentary on these events, published in the Fort Worth Star-Telegram on September 26: http://www.dfw.com/mld/dfw/news/opinion/12738392.htm.
Many responded to the cable industry's request that the public send this message to Governor Perry:
Governor, I urge you to keep your promise and veto SB 5. I appreciate your call for a second special session to reform school finance and reduce property taxes - our state's most pressing needs. Your public commitment to not sign any other legislation until these issues are dealt with is reassuring. While school finance and property tax relief are pressing needs, SB 5 is just an unnecessary, special interest handout to our state's billion dollar monopoly phone companies plain and simple. SB 5 virtually guarantees my phone rates will increase. This bill also sanctions redlining throughout Texas and continues hundreds of millions of dollars in taxpayer funded government subsidies to these same giant phone companies. Certainly not sound public policy for our state. I am all for competition, but this legislation will push Texas backwards, not move us ahead. You have a chance to make a difference to millions of Texans across the state. Please veto SB 5 and keep the focus squarely where it needs to be - schools and tax relief for Texans across the state.
The cable television industry was not successful in getting this bill amended, modified or vetoed, in spite of significant lobbying and public relations expense. So they have filed a Federal lawsuit. We expect to follow the news on this as it proceeds. Click here: http://www.statesman.com/business/content/business/stories/09/9telecom.html
Here is their press release: http://www.txcable.com/News/PressReleases/PressRelease20050908.asp
and a copy of the court pleadings: http://www.txcable.com/PDF/TCTA_vs_Governor-of-Texas.pdf
www.freepress.net also opposed Texas SB 5, and asked citizens to call the Governor's office. Click here: http://www.freepress.net/action/callperry.php
and their BPL web page at: http://www.freepress.net/issues/bpl
Here is Governor Perry's response, explaining his position on SB 5: http://www.governor.state.tx.us/divisions/press/pressreleases/PressRelease.2005-09-07.1706
A recent article suggests the public is not amused by the Texas Legislature. It says only 23% approve of the Legislature, only 25% approve of Speaker Tom Craddick, only 34% approve of Lt. Governor David Dewhurst, and only 39% approve of the performance of Governor Rick Perry: http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-txpoll_08tex.ART.State.Edition1.3840bf7.html
Newspapers and TV stations have offered additional coverage and editorial positions. Click here:
http://www.kvia.com/global/story.asp?s=3728009&ClientType=Printable
http://www.dallasnews.com/s/dws/bus/stories/081105dnbustelecom.177f6ab2.html
And: http://www.chron.com/cs/CDA/ssistory.mpl/editorial/3290046
- - -
BPL was specifically added to the call of the Special Session by the Governor. Here is his proclamation. This is a 5 page document - - where BPL appears on page 3. Click here:
The bills were filed, referred to committees, the posting rules were suspended, and the bills voted on and printed immediately. The meetings were held on the floor, where no public testimony was welcome.
Here are the Internet links for the current status of the BPL / Telecom bills: http://www.capitol.state.tx.us/cgi-bin/db2www/tlo/billhist/actions.d2w/report?LEG=79&SESS=2&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=00005&SORT=Desc http://www.capitol.state.tx.us/cgi-bin/db2www/tlo/billhist/actions.d2w/report?LEG=79&SESS=2&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=00013&SORT=Desc
The text of these does include the 'Hartnett amendment' that was previously adopted on the floor of the House. See the discussion of SB 21, below.
Other groups oppose SB 5 / HB 13:
Rep. Harold Dutton (D-Houston) has issued this press release in opposition to SB 5/HB 13, noting the opposition by the American Association of Retired Persons, Consumers Union and TexPIRG:
July 25, 2005 FOR IMMEDIATE RELEASE Contact: Joe Sanchez (512) 480-2424, Tim Morstad (512) 477-4431, Ken Hwang (512) 479-7287
State Representative and Consumer Groups Oppose Telecom Bill
Austin, Texas: - State Representative Harold Dutton, AARP of Texas, along with Consumers Union and TexPIRG oppose the passage of HB 13 by Representative Phil King and SB 5 by Senator Troy Fraser. Giant phone companies have spent millions of dollars lobbying for favorable video franchising and the ability to increase phone rates. Representative Dutton stated that, "this is the fourth time in 2005 SBC has gotten this bill presented in the legislature. Each time I have attempted to highlight the potentially harmful effects on Texas consumers. HB 13 is just as bad as its predecessors. Once again, SBC puts its hand deeper into Texans' pockets, all in the name of competition in the telephone and cable industry. This is the largest give away to any one company in Texas' history. HB-13 is really SBC-13."
Tim Morstad of Consumers Union adds, "competitive pressures are virtually non-existent for basic phone service. The basic phone service market is shrinking in Texas as it is nationwide. SBC itself is trying to buy up one of its competitors AT&T, while Verizon attempts to take over MCI. Smaller competitor companies are abandoning residential phone customers or dropping out of the market all together as a result of a recent FCC order. Cell phones and digital phones cost more than basic phone service and shouldn't be over-hyped as offering a competitive alternative for basic phone customers."
Ken Hwang with TexPIRG says, "not only will this legislation hurt our poorer communities, since mega-corporations will ignore their needs, but we will all suffer as cities lose the ability to help shape the broadband telecommunications revolution that has the potential to make our media system more democratic, more diverse, and more participatory. Clearly something does need to be done to rein in the worst practices and rising rates of the cable industry, but neither SBC nor this legislation are the answer. SBC already has the right and the incentive to enter this market, and its already been moving fast to do just that. We don't need to give away the farm by taking money and services away from local communities."
Updated 7-20-2005
The Death of SB 21 - -
The Constitution of the State of Texas has once again prevailed, and defeated passage of Senator Fraser's pro-BPL bill. However we expect it will be back before us very soon. The promoters of this legislation want it to serve as a model for other states, as well as for future Federal policy.
In July, 2005, Governor Rick Perry called a 30 day Special Session of the Legislature on School Finance, after vetoing all funding for public schools for the next biennium. On July 12 he added BPL and other public utility issues to the agenda of this (first) Special Session. On July 13, it passed the Senate, in spite of opposition on account of non-BPL issues from a long list of Texas Mayors, the American Association of Retired Persons (AARP), and numerous amateur radio operators.
Here is the notice from Governor Rick Perry. Click here: Rick Perry BPL Notice
Meanwhile, the ARRL's position on BPL has was further clarified in a new Editorial by David Sumner, K1ZZ. Click here: David Sumner Editorial - August, 2005
Senator Troy Fraser (R-Horseshoe Bay) is responsible for SB 21, which includes his BPL initiative. Here is the text of the bill: http://www.capitol.state.tx.us/cgi-bin/db2www/tlo/billhist/Smatrix.d2w/report?LEG=79&SESS=1&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=00021&SORT=Asc (Select the last version of the "Text" shown.)
Here is the Internet link for the current status of this bill. It was referred to the Senate Business and Commerce Committee, which, of course, is chaired by Senator Fraser. (See the member list below.) A public hearing, with opportunity for testimony, was held on Monday, June 27, at 10:00 a.m.: http://www.capitol.state.tx.us/cgi-bin/db2www/tlo/billhist/actions.d2w/report?LEG=79&SESS=1&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=00021&SORT=Desc
Here is the Internet link for the Senate Committee meeting notice: http://www.capitol.state.tx.us/tlo/schedule/2005/C5102005062710001.HTM
This article appeared in The Austin American-Statesman, on June 22: http://www.statesman.com/news/content/shared/tx/legislature/stories/06/22telecom.html
... and this one on July 14: http://www.statesman.com/hp/content/shared/tx/legislature/stories/07/14telecom.html
On July 14, the Austin American-Statesman published an Editorial in opposition to it. They said "... Perry should not have added telecommunications legislation to this special session, which must end July 20. This complex issue deserves more legislative study, and there is no crisis. Lawmakers should leave this one alone for now." Click here: http://www.statesman.com/opinion/content/editorial/stories/07/14legislature_edit.html
Also on July 14, the Houston Chronicle published an Editorial in opposition to it. They said "... Representatives should put the brakes on this ill-considered legislation and take a fresh, careful look at the issue in the next regular legislative session two years hence." Click here: http://www.chron.com/cs/CDA/ssistory.mpl/editorial/3266961
With all the comings and goings in the regular session on SB 1748, there had been no testimony in opposition to the BPL proposal before this Senate Committee. That's because an announced hearing was canceled, and because of insufficient notice to the public for a subsequent hearing date (see the details below). Yet at this hearing in the special session, the bill sponsor, Senator Fraser, repeatedly insisted that the committee had already heard testimony about the BPL interference. That was not true. The video record available on the Internet demonstrates this. Senator Fraser attempted to repeatedly interrupt me when I attempted to provide this testimony about the serious consequences of BPL for the first time to this committee.
Eight witnesses testified against various components of SB 21. They are: Tom Blackwell (N5GAR), Skip Cameron (W5GAI), Gus Cardenas (AARP of Texas), Weldon Gray (Texas Statewide Telephone Cooperative, Inc. & Eastex Telephone Cooperative, Inc.), Jan Newton (SBC), Howard Siegal (TEXALTEL), Pam Thompson (Austin Community Television Producers Advisory Committee), and Stefan Wray (Austin Community Television Producers Advisory Committee).
Five witnesses went on record in favor of SB 21. They are: Brandon Aghamalian (representing the Mayor, City Manager and City Council of Fort Worth), Michael Jewell (Direct Energy, CPL Retail Energy, WTU Retail Energy), Thomas Ratliff (Western Wireless), Ted Heydinger (Consolidated Communications) and Chip Rosenthal (Save Muni Wireless).
Others, including PUC officials (like Commissioner Julie Parsley, who is for BPL) went on record as testifying "on" the bill. Here is the complete list of witnesses: http://www.capitol.state.tx.us/tlo/79R/witmtg/C5102005062710001.HTM
Those who live in Fort Worth may wish to contact the Mayor, City Manager and City Council about BPL. Click here: http://www.fortworthgov.org/citycouncil After their lobbyist Brandon Aghamalian went on record in favor of the bill, Mayor Mike Moncrief signed the letter in opposition to it - - along with Mayor Bill White of Houston and Laura Miller of Dallas. (The reasons for this do not relate to BPL - - and I believe their offices should be more fully informed about the BPL issue.)
Here is the letter from the eight Mayors to Senator Fraser, in opposition to SB 21. They sent a copy to Lt. Governor David Dewhurst. Click here: Mayors oppose SB 21
Later on the day of the Senate Committee hearing, Bill Lawless, W5WRL, sent a fax to me at the Capitol, with his input. I printed this and delivered it to the Senators' offices. When I went to Senator Fraser's office, I found his Chief of Staff, Janice Steffes, who said "You and Senator Fraser have a difference of opinion." I responded "We have ways of dealing with that."
On June 29, another meeting of the committee was held on the Senate floor at Senator Fraser's desk. A recording of this is available on the Internet. It shows that only the minimum number of senators were present for the bill to be passed (that number is 5). The others, including some who had heard my testimony in opposition, were not present. Senator Fraser said he anticipates having a new Committee Substitute for this bill on the floor. With this, the committee members present voted to approve the bill. Those voting for SB 21 at this meeting were: Fraser, Armbrister, Eltife, Estes and Van de Putte. Click here: http://www.senate.state.tx.us/avarchive/ram.php?ram=00002683
SB 21 was considered on the House floor on July 17. Rep. Will Hartnett presented an amendment, intended to help with the BPL interference issue. It provides that the Texas Public Utilities Commission, as well as the FCC, can issue a letter to a BPL operator that a device is causing "harmful interference." With this, the BPL operator is required to cease operating the device. "Operation shall not resume until the condition causing the harmful interference has been corrected." The amendment passed, and was incorporated into the engrossed version of the bill. Here is Rep. Hartnett's amendment: http://www.capitol.state.tx.us/data/docmodel/791/amndtext/pdf/SB000212213.PDF
Because the bill was amended by the House, the bill proceeded back to the Senate, for its further consideration. The Texas Constitution provides for 30 day Special Sessions, as called by the Governor, and time was running out. Senators disagreed on the implementation of new and additional taxes on the public, while lowering taxes for highly compensated persons. Senator John Whitmire (D-Houston), and Senator Mario Gallegos (D-Houston) conducted a filibuster until the time finally expired. This continued until the Special Session was adjourned sine die on July 20.
Governor Rick Perry has now called a second, 30 day Special Session, beginning on Thursday, July 21. We expect that a new pro-BPL bill will be filed in the Senate immediately. The Senate may act to suspend the notice rules and hold a public hearing as early as a few hours later. We continue with questions about what the Public Utilities Commission is prepared to do on receiving a complaint about interference caused by a BPL system, and would like to see answers about this by sworn witnesses on the record at a hearing.
It is my view that it is unwise for the Senate to spend time on any issue other than school finance until that issue is settled, a bill has been passed and is signed by the Governor.
Those who wish to oppose this further should do the following:
(1) Call the Governor's Hotline and ask that he reconsider his support for BPL - - (800) 252-9600 (toll free for Texas residents; the main switchboard is (512) 463-2000). He should follow the recommendations of the editorials published in the Houston Chronicle and Austin American-Statesman, as well as the testimony before the Senate Business and Commerce Committee by those who have stated their opposition to BPL.
(2) Remain in contact with the offices of the House and Senate, with the same message.
We expect the bill will be referred to the House Regulated Industries Committee. Here are the members:
Chair: Phil King (R), Weatherford. (512) 463-0738. http://www.house.state.tx.us/members/dist61/king.htm
Vice Chair: Bob Hunter (R), Abilene. (512) 463-0718. http://www.house.state.tx.us/members/dist71/hunter.htm
Rep. Sylvester Turner (D), Houston. (512) 463-0554. http://www.house.state.tx.us/members/dist139/turner.htm
Rep. Todd Baxter (R), Austin. (512) 463-0631. http://www.house.state.tx.us/members/dist48/baxter.htm
Rep. Robby Cook (D), Eagle Lake. (512) 463-0682. http://www.house.state.tx.us/members/dist17/cook.htm
Rep. Joe Crabb (R), Kingwood. (512) 463-0520. http://www.house.state.tx.us/members/dist127/crabb.htm
Rep. Will Hartnett (R), Dallas. (512) 463-0576. http://www.house.state.tx.us/members/dist114/hartnett.htm
We note that during the previous Senate floor presentation on this bill, Senators who are not members of the Business and Commerce committee offered and passed various amendments - - so it is appropriate to remain in contact with every Senate office. Here is a list of the 31 Senators: http://www.senate.state.tx.us/75r/senate/Members.htm
Here are the members of the Senate Business and Commerce Committee:
Chair: Troy Fraser (R), Horseshoe Bay. http://www.fraser.senate.state.tx.us/
Vice-Chair: Kip Averitt (R), McGregor. http://www.averitt.senate.state.tx.us/
Members:
Ken Armbrister (D), Victoria. http://www.armbrister.senate.state.tx.us/
Kim Brimer (R), Fort Worth. http://www.brimer.senate.state.tx.us/
John Carona (R), Dallas. http://www.carona.senate.state.tx.us/
Kevin Eltife (R), Tyler. http://www.eltife.senate.state.tx.us/
Craig Estes (R), Wichita Falls. http://www.estes.senate.state.tx.us/
Eddie Lucio, Jr. (D) Brownsville. http://www.lucio.senate.state.tx.us/
Leticia Van de Putte (D). San Antonio. http://www.vandeputte.senate.state.tx.us/
Updated 5-31-2005
The death of BPL Legislation in Texas - and HB 789:
This web page was written as we proceeded through the complex process of confronting the Pro-BPL bill before the 2005 Texas Legislature. The web page was amended - - almost daily. It reflects a number of twists and turns that we experienced, before the BPL lobby was finally defeated. Their time ran out. They can't argue about it any more - - at least until the next Session.
The Texas BPL bill is dead. The winners - - are the Texas Constitution, and the People of Texas, who have imposed strict time limits on actions by the Texas Legislature (a 140 day session). I hope that this experience, and the experience with a number of other urgent issues - - will cause our voters to think more carefully about the election of some of these House and Senate members in the future. We should elect members to these bodies who are not so easily mislead on important issues involving Science and Technology.
Harvey Kronberg says:
> May 28, 2005 10:20 PM
> KING SAYS TELECOM, ELECTRIC BILLS ARE DEAD
> Issues too tough to meet in the middle, King says.
> Rep. Phil King (R-Weatherford) confirms negotiations on House Bill 789 and
> Senate Bill 743 have broken down irretrievably, with no hope of negotiating
> either bill.
This was going to serve as a model for state legislation to implement BPL nationwide.
Because of this bill, a number of people who would not normally become involved with the Texas Legislature have done so for the first time. We contacted the members, and we have found out who is responsive, and who is not. Citizens who contacted elected officials in the House, Senate, the Lieutenant Governor and the Governor can proceed to evaluate the performance of the persons who occupy these offices. A large number of other important issues, that impact the lives of Texans every day, are handled with the same kind of judgment by these officials. Those who are concerned should learn the system of researching bills on the Legislature's Internet service, and research other important issues. Get involved early with the people who seek these public offices, and participate as they proceed to ask for your support to serve in these offices.
This is our state - - we have to live here. It 's appropriate to use these experiences to begin thinking about the 2007 Legislative Session. We expect to see the same kind of bill(s) filed again. Already there is at least one candidate who has announced a race against a key supporter of BPL.
I have been asked about the dates that certain members of the Texas Senate are up for election. At the bottom of this web page is a list of the 31 Senators, and the years the next election will be held in each district.
This is also the time for elected officials who agreed with us, and who took action as a result, who may not have been recognized for doing so, to come forward and explain what they have done. The Legislature is a busy place and we may not yet know about every instance of work that was intended to respond to our requests for representation.
Potential investors in BPL should be reminded that because of the conduct of the lobbyists they hired, and the elected officials they influenced, we were energized. Because of them we are now better organized and prepared to address interference complaints to the FCC, and respond to any other attempt to effectively convert any of our amateur bands to commercial use.
The death of SB 1748: With so many citizens contacting Legislators in opposition to SB 1748, it was placed at the end of the Major State Calendar in the House. Consequently, there was not enough time before the Midnight deadline for it to be considered. If it had been, floor amendments intended to protect the interests of amateurs were ready. SB 1748 is dead.
This was bad news for BPL, but Senator Troy Fraser (R-Horseshoe Bay) and the BPL lobbyists anticipated it. They found a way to proceed on the floor of the Senate to amend it to HB 789. This passed in the Senate, and proceeded back to the House. With this, Senators who ignored opposition from the public before ignored it once again.
With this, ARRL published this news item: http://www.arrl.org/news/stories/2005/05/26/3/?nc=1
Conference Committee: The House provided notice that it refused to accept the Senate amendments. A Conference Committee of House and Senate members was appointed to work out the differences. Bill Lawless, W5WRL, and I provided input to the Speaker on these appointments. He responded, and appointed these members: Phil King, Todd Baxter, Joe Crabb, Robby Cook and Will Hartnett. The Lt. Governor, David Dewhurst, appointed Senators Troy Fraser, Jane Nelson, Kip Averitt, Craig Estes and Leticia VanDePutte. Those wishing to contact these members should use these links:
House members:
Phil King (R), Weatherford. (512) 463-0738. http://www.house.state.tx.us/members/dist61/king.htm
Rep. Todd Baxter (R), Austin. (512) 463-0631. http://www.house.state.tx.us/members/dist48/baxter.htm
Rep. Robby Cook (D), Eagle Lake. (512) 463-0682. http://www.house.state.tx.us/members/dist17/cook.htm
Rep. Joe Crabb (R), Kingwood. (512) 463-0520. http://www.house.state.tx.us/members/dist127/crabb.htm
Rep. Will Hartnett (R), Dallas. (512) 463-0576. http://www.house.state.tx.us/members/dist114/hartnett.htm
Senate members:
Troy Fraser (R), Horseshoe Bay. (512) 463-0124 http://www.fraser.senate.state.tx.us
Kip Averitt (R), McGregor. (512) 463-0122 http://www.averitt.senate.state.tx.us
Craig Estes (R), Wichita Falls. (512) 463-0130 http://www.estes.senate.state.tx.us
Leticia Van de Putte (D). San Antonio. (512) 463-0126 http://www.vandeputte.senate.state.tx.us
Jane Nelson (R), Lewisville. (512) 463-0112 http://www.nelson.senate.state.tx.us
(Note: Senator Jane Nelson, who represents a District that includes half of Tarrant County and half of Denton County, has not been on a committee that has heard any testimony on the BPL bill, before.)
It also seems that if the Speaker can take the time to write back, with a letter to Bill Lawless, the other members should do so as well - - for everyone making contact with them.
Those wishing to comment to the Lt. Governor's office on HB 789 should contact Shelly Botkin, his Senior Policy Analyst. 512-463-6054. She should know that we are requesting the assistance of his office for representation on the issue of BPL interference, and remind her that Lt. Gov. Dewhurst campaigned for this office and asked for our votes at the Arlington Hamcom - an ARRL affiliated Amateur Radio Convention. To date, the most we have received in answer to these requests to Lt. Gov. Dewhust is the comment that "that bill has momentum." He needed to understand that we are here to oppose the "momentum."
Lt. Gov. David Dewhurst (R), Houston. Dewhurst previously helped pass Senator Fraser's SB 1748. http://www.senate.state.tx.us/75r/LtGov/Ltgov.htm
The Governor's office has a toll free "hotline" - - See below. The Governor should know about all the controversies involving the new BPL provisions on HB 789.
This bill is titled "An Act relating to furthering competition in the telecommunications industry." Here is the Internet link for the status of HB 789: http://www.capitol.state.tx.us/cgi-bin/db2www/tlo/billhist/actions.d2w/report?LEG=79&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=00789&SORT=DESC
Here is the Internet link for Senator Fraser's press release, in support of HB 789: http://www.fraser.senate.state.tx.us/pr05/p052405a.htm
Those of us with investments in Amateur Radio have come to learn about elected public officials who support us, and about elected public officials who do not.
As a result of the conduct of the BPL lobbyists and certain elected public officials, it appears FCC licensed amateurs will have to become even more committed to documenting complaints about interference from BPL systems to the FCC. We expect those complaints will be similar to the Irving complaint, which asks for relief and sanctions (see the link below). These will not be frivolous complaints. They will be well researched and documented. With the addition of ASM Bill Byrom, N5BB, the ARRL North Texas Section has substantially improved its ability to address BPL and other interference issues.
Commercial broadcasters, represented by the National Association of Broadcasters, have also made it clear - - BPL operators should be required to stay off their frequencies. Broadcasters have a significant investment in transmitting facilities, that are intended to reach listeners and viewers at long distances. Interference from BPL would impact that investment with an increased noise floor, in addition to the direct interference related to operation on frequencies assigned by the FCC to broadcasters. Commercial broadcasting is a two way street. It works because of investments in transmitters as well as receivers. Interference impacts both. Click here:
http://gullfoss2.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6514284541
http://www.nab.org/Newsroom/PressRel/Filings/BPLReplies82003.pdf
Other comments in opposition to BPL by groups and individuals have been filed as a public record at the FCC. Click here:
http://p1k.arrl.org/~ehare/bpl/NPRM_hyperlinks.html
What about the language in the Senate Substitute for HB 789, on interference? This new language appeared in the House Committee Substitute for SB 1748, that became available after amateurs appeared and testified against the bill. It covers only a situation where the FCC sends a notice to a BPL operator that their equipment is causing "harmful interference," and makes them shut it down after receiving that notice. If they did not, a person could seek 'relief' by filing a civil lawsuit in a State District Court.
Consider how the latest language would work in the Irving case. In spite of the obvious interference, and notice by amateurs to TXU, they continued to transmit it. The complaint filed by the ARRL with the FCC, with documentation collected by Ed Hare, still did not result in any notice from the FCC to TXU. So even with all of these actions, nothing in the language the BPL interests have offered would have applied. The bill also sets up opportunities for arguments by power company attorneys about what is, and is not "harmful" interference.
It seems the FCC takes its time with everything it does. People can propose legislation in the Texas Legislature in January and find it passed and signed by the Governor before June. When I wrote the initial proposal for 97.205(g) - - it took the FCC three years to finally pass it. While the FCC has responded to complaints I have filed with them in the past, and collected forfeiture(s) that went to the US Treasury, the time involved for them to complete this process was extraordinary. This has taken years, not months. I think the legislation has been misrepresented by the BPL lobby.
- - - Previous news on the Texas BPL bill - - -
The Pro-BPL Bill flips again, Passes the House Committee
SB 1748 was amended once again, and passed the House Regulated Industries Committee, at the insistence of its Chairman Phil King (R-Weatherford). Initially there was a maneuver by King to add the text of it as an amendment to the pending Public Utilities Commission Sunset Bill, SB 408 - - so there would be no public hearing in the House on the BPL issue, at all. Then the Committee acted to remove the BPL provisions, and a collection of items from other bills, from SB 408.
The House Hearing proceeds: On May 17, Bill Lawless, W5WRL, Dr. Gene Preston, K5GP, Skip Cameron, W5GAI, and I testified in opposition to this bill, before the House Regulated Industries Committee. Monte Akers of the The Texas Coalition of Cities for Utility Issues also testified against it, and stated that the bill was unconstitutional. While the Committee Chairman, King, complimented some of the testimony in support of the rights of amateurs, he proceeded to lead the Committee to vote for the bill. We received a repeated commitment from one of the other committee members, Rep. Will Hartnett, to present further amendments on the floor of the House to protect our interests. I submitted suggested language to him.
The latest revision, quickly adopted by the House Committee (but before my suggested floor amendments were submitted) includes language that offers some weak protection for amateurs. It says:
Sec. 43.152. COMPLIANCE WITH FEDERAL LAW. BPL operators shall comply with all applicable federal laws, including those protecting licensed spectrum users from interference by BPL systems. The operator of a radio frequency device shall be required to cease operating the device upon notification by a Federal Communications Commission representative that the device is causing harmful interference. Operation shall not resume until the condition causing the harmful interference has been corrected.
We note that "Radio frequency device" is not defined in the bill.
The stronger language that I am working on is intended to do a better job of protecting the rights of amateurs, remove the tricky language about "harmful interference," and provide a formal role for the Texas Public Utilities Commission.
The best outcome was that the bill did not make it through the process of the House Calendars Committee in time, and died without action at the end of the Session. The next best outcome was for the Governor to veto it. The third best outcome was for the House to adjust it with additional floor amendments, to make it unattractive for BPL investors to transmit interference. We became better prepared to respond to all these comings and goings with additional new commitments to file complaints, like the recent complaint in Irving, with the FCC. The conduct of the opposition, their political contributions, and actions by assorted members of the House and Senate require this. We are now able to quote those who testified before the Texas House and Senate committees in favor of this bill, in support of these complaints.
An article in The Fort Worth Star-Telegram, May 13, 2005, described the comings and goings of this Committee. It is titled "Panel to dine on lobby's dime." Click here: http://www.dfw.com/mld/dfw/news/legislature/11637766.htm?template=contentModules/printstory.jsp (This web page may require a free registration.)
In response, political commentator Harvey Kronberg published "We are not typically in the advice business, but in this case our advice is -- watch out, it smells." (Quorum Report, May 18, 2005, 6:46 PM.)
An article in The Austin American-Statesman described these comings and goings (as of Wednesday, May 11). Click here: http://www.statesman.com/business/content/business/stories/05/11telecom.html (This web page may require a free registration.)
Consider the history of this: SB 1748 passed the Texas Senate, with one additional floor amendment there. At that time I recommended that those who wish to participate should contact members of the House - - particularly members of the Regulated Industries Committee listed below. Jake Posey, Special Legal Counsel to the House Committee, and a member of Chairman King's staff, had originally advised me they would have a public hearing on Tuesday, May 10. However, this was never posted on the official agenda, so I was not able to announce it. That public hearing never took place. The official report now shows that a "formal meeting" took place, with Chairman King laying out a new substitute for the entire bill. He then withdrew the substitute. This was not published where we could comment. No testimony was allowed at this committee meeting.
This is the same Jake Posey who asked me the question "What is ham radio?" Yet another attorney in Rep. King's office, Trey Trainor, is quoted in the above Austin American-Statesman article as admitting that they had worked on these issues for the previous 18 months. Later, Rep. King was quoted as saying he had worked on these bills for two years.
We were advised that Chairman King wanted to take action, at the request of BPL supporters, to try to suspend the rules and ask the Regulated Industries Committee to pass the bill without a public hearing. This was to take place at a meeting of the Committee at the Chairman's desk on the House floor. In the end, what happened at this meeting was the creation of what another web page called "The Frankenstein Bill." It combined a number of controversial, special interest measures "that could not pass by themselves" with the bill to renew the authority of the Public Utilities Commission (as is required under the Sunset Act) - - SB 408. Among those amendments was the text of SB 1748. This was re-worked again, at the additional committee meeting, on Friday the 13th. The entire bill was reconsidered, and a new substitute for SB 408 was approved. The vote was 4 to 0, with 3 members absent. With this, SB 1748 continued before the House Regulated Industries Committee. (This was the first of two "Frankenstein" bills.)
Here is the Internet link for the status of this bill: http://www.capitol.state.tx.us/cgi-bin/db2www/tlo/billhist/actions.d2w/report?LEG=79&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=01748&SORT=Desc
I recommended this:
1. Call the Governor's Hotline at (800) 252-9600 (toll free for Texas residents; the main switchboard is (512) 463-2000). The Governor needs to know that BPL is highly controversial, and that he is requested to veto the bill if it passes. See the talking points, below.
2. Call the office of Lieutenant Governor, David Dewhurst. He campaigned for this office at the Hamcom convention in Arlington. Now that he is elected he should be happy to hear from amateurs. The person in his office handling this bill is Shelly Botkin, Senior Policy Analyst. 512-463-6054.
3. Contact the members of the House Calendars Committee, and Speaker Tom Craddick, and share your opinion with them. They are:
Rep. Beverly Woolley (R), Houston, Chair. (512) 463-0696. http://www.house.state.tx.us/members/dist136/woolley.htm
Rep. Gene Seaman (R), Corpus Christi, Vice-Chair. (512) 463-0672. http://www.house.state.tx.us/members/dist32/seaman.htm
Rep. Gary Elkins (R), Houston. (512) 463-0722. http://www.house.state.tx.us/members/dist135/elkins.htm
Rep. Lois W. Kolkhorst (R), Brenham. (512) 463-0600. http://www.house.state.tx.us/members/dist13/kolkhorst.htm
Rep. Vilma Luna (D), Corpus Christi. (512) 463-0484. http://www.house.state.tx.us/members/dist33/luna.htm
Rep. Brian McCall (R), Plano. (512) 463-0594. http://www.house.state.tx.us/members/dist66/mccall.htm
Rep. Sid Miller (R), Stephenville. (512) 463-0628. http://www.house.state.tx.us/members/dist59/miller.htm
Rep. Patrick Rose (D), San Marcos. (512) 463-0647. http://www.house.state.tx.us/members/dist45/rose.htm
Rep. Sylvester Turner (D), Houston. (512) 463-0554. http://www.house.state.tx.us/members/dist139/turner.htm
Rep. Corbin Van Arsdale (R), Houston. (512) 463-0661. http://www.house.state.tx.us/members/dist130/arsdale.htm
Rep. Bill Callegari (R), Houston. (512) 463-0528. http://www.house.state.tx.us/members/dist132/callegari.htm
Speaker Tom Craddick (R), Midland. (512) 463-1000. http://www.house.state.tx.us/speaker/welcome.htm
FYI: Here is a Guide to the House Legislative Staff - - a .pdf file: http://www.capitol.state.tx.us/hrofr/focus/staff79.pdf
ARRL CEO David Sumner, K1ZZ, documented industry misrepresentations about the Irving, Texas BPL interference. Click here: http://www.arrl.org/news/stories/2005/05/06/5/?nc=1
After we initially complained to members of the Senate committee, an amendment was added to Senator Fraser's version of the bill - - that says BPL systems must comply with "applicable federal laws." While this was intended to entertain us, it offers no additional relief, because BPL investors would have to comply with these Federal regulations anyway. (This is Sec. 43.152. "COMPLIANCE WITH FEDERAL LAW. BPL operators are required to comply with all applicable federal laws, including laws protecting licensed spectrum users from interference by BPL systems.") While these surplus words may be intended to pacify the uninitiated, the bill only sets up a fight, that would continue on for years, between licensed users of the spectrum and BPL investors. By opposing this bill, amateurs were doing the BPL interests a favor, by keeping them out of risky and uncertain investments that are based on a technology that is apparently faulty, uncertain and misrepresented. It seems their highly compensated lobbyists have offered them some bad advice.
The Dallas Morning News published an article on April 30, "Ham radio fans promising poor reception for Net plan." This is now available on the Internet - - the link may require a free registration. The original article showed a picture of Senator Fraser presenting the bill on the floor of the Senate, with Lieutenant Governor David Dewhurst in the background. (That's the same David Dewhurst we have on the videotape made at the Hamcom convention.) Click here: http://www.dallasnews.com/s/dws/bus/stories/043005dnbusbpl.5e1b161e.html This may require a free registration.
As for the BPL interference, FCC Commissioners have gone on record with important and timely statements of concern. Kevin Martin, who has since accepted the position of FCC Chairman, stated "I recognize that Amateur radio operators still have concerns that they will experience interference from BPL systems. In addition, broadcasters are concerned that BPL systems will cause interference in the low VHF band. I take these concerns - as well as the other concerns expressed about BPL systems causing interference - very seriously. I am confident that the Commission will continue to monitor these concerns and will take steps, where needed, to address interference problems going forward." Click here: http://www.arrl.org/tis/info/HTML/plc/commissioner-statements.html
Senator Fraser added SB 1748 to a previously posted hearing notice for April 21, offering known opponents the minimum possible notice of the public hearing. The committee, which he chairs, passed the bill that morning. Those who disagreed with this bill, and made phone calls, sent letters, or EMail, or who made personal visits with the staff members or the Senators themselves were substantially ignored. One amateur who filled out a witness card in opposition to the bill, and personally appeared when it was originally published on the committee agenda, was not listed - - unlike the witnesses representing the BPL lobby who appeared later. With all of this, I had to recommend that our time was best spent contacting members of the House Regulated Industries Committee, and the Calendars Committee. See below.
At a later date, Bill Lawless and I visited the office of the Senate Busines and Commerce Committee. I asked that the record be amended to show the name of the man who traveled some 225 miles to testify against the bill - - but who was not shown because the announced hearing was postponed. They refused.
Senator Fraser has published this press release in support of his bill: http://www.fraser.senate.state.tx.us/pr05/p042105a.htm
A "National Community Internet Summit" with "A one-day Interactive Workshop Seminar on Broadband over Power Line and Wireless Access" was held in Austin, Texas on April 28, 2005. We understand a proponent of this effort has testified in favor of Senator Fraser's bill. K5RN attended this, and has provided me with an extensive report. Click here: http://www.tcrc.net/conference/042005/default.asp
The Austin American-Statesman has published coverage about the lobbying activities on this bill. "Company with stake in Senate bill helped lawmakers attend golf tournament. Fraser, Armbrister saw first day of Masters with badges reserved by TXU Corp." ... "Fraser is carrying a proposal to allow electric utilities to offer broadband service over power lines. The measure, Senate Bill 1748, drew criticism in its initial draft because it favored TXU and other industry providers by letting providers pass hefty costs of upgrades to their customers while pooling profits." Click here: http://www.statesman.com/news/content/shared/tx/legislature/stories/04/9fraser.html
Senator Troy Fraser (R-Horeshoe Bay) was elected from the 24th Senate District. This district includes counties in North Texas, South Texas and West Texas ARRL Sections. Cities in this district include Abilene, Brownwood, Belton, Temple, Killeen, Kerrville, Fredericksburg and Stephenville. Counties in this district include Bell, Blanco, Brown, Burnet, Callahan, Coleman, Comanche, Eastland, Erath, Gillespie, Hamilton, Kerr, Kimble, Lampasas, Llano, Mason, McCulloch, Menard, Mills, San Saba and Taylor. There is important information about Senator Fraser and the 24th District at: http://www.fraser.senate.state.tx.us/
Senator Fraser views himself as a leader on communication issues. He has stated "I want to modernize communications policy and create a regulatory framework that keeps pace the changes in the 21st century marketplace" and "We have a golden opportunity to build on Texas' position as a national leader in creating forward-looking communication law." If he runs for re-election, or for a higher office, he will likely utilize this kind of message in his campaign. Click here: http://www.fraser.senate.state.tx.us/pr05/p020205a.htm
The bill would add a new section titled
"CHAPTER 43. USE OF ELECTRIC DELIVERY SYSTEM FOR ACCESS TO BROADBAND AND OTHER ENHANCED SERVICES"
A copy of SB 1748 is available here (select the last posted version): http://www.capitol.state.tx.us/cgi-bin/db2www/tlo/billhist/Smatrix.d2w/report?LEG=79&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=01748&SORT=Asc
Status of official actions on the bill are posted here: http://www.capitol.state.tx.us/cgi-bin/db2www/tlo/billhist/actions.d2w/report?LEG=79&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=01748&SORT=Desc
What would this bill do? "As proposed, S.B. 1748 allows electric utilities, municipally owned utilities, electric cooperatives, and utilities to implement BPL." A copy of the author's analysis is available here (select the last updated 'Analysis'): http://www.capitol.state.tx.us/cgi-bin/db2www/tlo/billhist/Smatrix.d2w/report?LEG=79&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=01748&SORT=Asc
I have over 20 years of experience working on issues that are before the Texas Legislature. Some of the members I have worked with over the years have since been elected to the U. S. Congress. I have testified before House and Senate committees on a number of occasions. Sometimes the views I support have received favorable consideration, and sometimes they have been out-numbered.
I know there are amateurs who want their views considered on this bill. Amateurs deserve respectful treatment and consideration from these elected officials who will decide the outcome of these issues. At the end of the Legislative Session, we will be able to evaluate our experiences with each of these public officials. I want to offer some advice, that applies to this particular bill.
1. Lobbyists who propose legislation like this usually do not suggest that a public hearing be scheduled until they feel they have the votes on the committee to pass the bill. While the public is given notice of the time and date of the hearing, we were given only the minimum time that is required.
In this case, it is likely that the committee proceedings will be interrupted by business on the floor. The committee will recess for the daily session. Once that concludes, the committee will continue with its hearing. We will not know until the day of the hearing the particular time that this bill may be heard. It could even be heard at 2:00 a.m. the next morning. (I've testified at those hearings, before.)
2. The Lieutenant Governor, David Dewhurst (R), appoints Senators to committees. After he appointed Senator Fraser to chair the Business and Commerce Committee, this bill was filed. When the chair of a committee sponsors a bill heard by the committee, the members of the committee sometimes appear prejudiced in favor of it, on account of deals involving other bills that have been granted hearings by the committee chair. Likewise, the Speaker of the House, Tom Craddick, appoints members to committees of the House.
Yes, the Governor, Lieutenant Governor, the Speaker of the House and their offices should be advised of public opposition to a bill. Here is the contact information for them:
Gov. Rick Perry (R), Paint Creek. (Note the "Citizen Opinion Hotline" at 1-800-252-9600) http://www.governor.state.tx.us/
Lt. Gov. David Dewhurst (R), Houston. (Note his position as Chairman of the Governor's task force on Homeland Security, and the link to his "Official Website") Dewhurst campaigned for this office at the Hamcom convention in Arlington, but helped pass Senator Fraser's bill in the Senate. http://www.senate.state.tx.us/75r/LtGov/Ltgov.htm
Speaker Tom Craddick (R), Midland. (Note the "Send EMail" link on his web page, as well as his Biography) http://www.house.state.tx.us/speaker/welcome.htm
3. Unlike the Senate, there are usually no time limits on testimony before committee meetings of the House.
4. Hearings can take place without a quorum of the members of the committee present. I have seen hearings in the past where oral testimony is heard by only one or two members.
5. Witnesses with lengthy testimony may wish to file the testimony in writing with the Clerk of the Committee. This way, the testimony is available to those who are for and against the bill. Schedules, travel and time limits do not become a problem. However, this is not an effective substitute for personal presence at a hearing, or a visit to an office.
6. Members of the committee will not likely schedule a vote on a bill on the same day the testimony is taken, at least at this point in time in the Session. They will end the day holding the bill "pending" and arrange another session to vote on it - - maybe a week later. This gives the public additional time to communicate with the members' offices, both at the Capitol in Austin and at the local district offices. It will also give us the opportunity to know the sworn testimony, and identity of the lobbyist(s) who testify for the bill. We can use this to formulate additional communications to the members. Sometimes, when a bill sponsor finds opposition is developing, he will find a way to manipulate the schedule of the vote to pass it before the opposition can mobilize this kind of effort.
7. There may be additional amendments to the bill that are made public for the first time on the day of a hearing. We may want to comment on those. We may also want to ask a friendly member to offer an amendment (or two, or three, or a hundred) to this bill. Amendments can be considered at a committee hearing, or later on the floor of the House or Senate.
8. Senators who oppose a bill can also delay a committee hearing on a bill by 'tagging' it.
9. For reference, the House Regulated Industries Committee, which has voted for this bill, consists of these members. I have provided each of these members, Speaker Craddick, and Public Utilities Commission Chairman Paul Hudson with a copy of the ARRL FCC Rule Book, and printed copies of relevant web pages from www.arrl.org:
Chair: Phil King (R), Weatherford. (512) 463-0738. http://www.house.state.tx.us/members/dist61/king.htm
Vice Chair: Bob Hunter (R), Abilene. (512) 463-0718. http://www.house.state.tx.us/members/dist71/hunter.htm
Rep. Sylvester Turner (D), Houston. (512) 463-0554. http://www.house.state.tx.us/members/dist139/turner.htm
Rep. Todd Baxter (R), Austin. (512) 463-0631. http://www.house.state.tx.us/members/dist48/baxter.htm
Rep. Robby Cook (D), Eagle Lake. (512) 463-0682. http://www.house.state.tx.us/members/dist17/cook.htm
Rep. Joe Crabb (R), Kingwood. (512) 463-0520. http://www.house.state.tx.us/members/dist127/crabb.htm
Rep. Will Hartnett (R), Dallas. (512) 463-0576. http://www.house.state.tx.us/members/dist114/hartnett.htm
10. Also for the purpose of reference: The Senate Business and Commerce Committee, which voted in favor of SB 1748, consists of these members:
Chair: Troy Fraser (R), Horseshoe Bay. http://www.fraser.senate.state.tx.us/
Vice-Chair: Kip Averitt (R), McGregor. http://www.averitt.senate.state.tx.us/
Members:
Ken Armbrister (D), Victoria. http://www.armbrister.senate.state.tx.us/
Kim Brimer (R), Fort Worth. http://www.brimer.senate.state.tx.us/
John Carona (R), Dallas. http://www.carona.senate.state.tx.us/
Kevin Eltife (R), Tyler. http://www.eltife.senate.state.tx.us/
Craig Estes (R), Wichita Falls. http://www.estes.senate.state.tx.us/
Eddie Lucio, Jr. (D) Brownsville. http://www.lucio.senate.state.tx.us/
Leticia Van de Putte (D). San Antonio. http://www.vandeputte.senate.state.tx.us/
11. While the public may appear at a hearing, and fill out and sign witness cards (indicating testimony 'For', 'Against' or 'on' the bill), and wait for the opportunity to testify, there are other means of participating that can be effective. The links above have phone numbers of each of the members of the committee. On calling those numbers, it is appropriate to ask for the person who handles legislation coming before this committee.
12. When contacting a member of the House or Senate, you are calling to represent yourself, as an individual, and are not a paid lobbyist of an organization. Paid lobbyists of organizations are required to register with the Texas Ethics Commission, and provide detailed financial reports. The lobbyists who have proposed this bill have been required to file these reports, and I expect to obtain copies of them.
13. For those who can not go to Austin and testify, and be prepared to wait for an undetermined amount of time to do so, the best approach is to visit the offices of the members of the Committee after the hearing, but before the vote is taken. It is best to leave a written statement, or at least a business card, at the time of your visit. Get a business card of the staff member you speak with.
14. Those using this information are asked to keep me advised, by Email if possible, about any experiences on contacting these offices about this bill. If you send a letter or file written testimony on the bill, please send me a copy of it. My Email address is n5gar@arrl.org. My mailing address is: Tom Blackwell, N5GAR, PO Box 25403, Dallas, Texas 75225. (214) 361-5275.
15. I expect to update this web page as we proceed.
Talking points - - An explanation for
non-technical decision makers:
There is a significant investment in amateur radio equipment by the public that deserves consideration and representation. This investment is made by individuals, who have installed this equipment in their homes and vehicles. Texans have also invested time and effort to study for, and to pass, FCC license examinations.
Amateur radio communication is two-way. Amateurs receive weak, distant signals over long distances. If a data transmitter is operating on the same frequency, on a nearby power line, it will interfere with the reception of these communications.
In addition to the recognition in the Federal Law, Amateurs are recognized in the State Law. In the public interest, laws have been passed in Texas to respect the amateurs' rights to install antennas on their property. Cities may not pass zoning ordinances that conflict with these rights. We also have state laws providing for availability of amateur radio license plates on vehicles.
Amateurs provide essential communication services that assist the National Weather Service with its forecasts. We have arrangements where amateurs make reports that provide a confirmation, by witnesses, of local weather conditions that the Weather Service observes with its radar. Local government authorities have registered individual amateur radio operators in Radio Amateur Civil Emergency Services ("RACES"). Similar emergency services are provided by the Amateur Radio Emergency Service ("ARES"). Weather Service offices (the National Oceanic and Atmospheric Administration, U.S. Department of Commerce) analyzes this information and issues warnings of the severe weather to the news media, and to local government officials. This is done in the interest of protecting lives and property.
For example, when a hurricane develops, there is an inland influence on weather hundreds of miles away, across the state. Amateur radio operators provide essential witness information about hurricane weather conditions. The amateurs directly observe these weather conditions at or near the source, that Federal Government Meteorologists observe on display screens at their offices. To do this, amateurs use frequencies that are likely to experience interference from radio transmitters that the proponents of this bill want to install on nearby power lines.
The data signals that are proposed for these power lines would not physically stay within the wires that provide the power distribution. These signals would radiate out beyond the power lines. This causes the interference to reception of signals on frequencies assigned and licensed to amateurs. This particularly includes the frequencies that are used for reporting emergency conditions, such as the status of hurricanes (the "high frequency" or "HF" bands).
A search on the ARRL web page for the word 'hurricane' results in about 800 pages of information. Here is an example:
http://www.arrl.org/news/stories/2004/08/31/103/
Based on information from local amateurs, The American Radio Relay League (ARRL) filed a complaint with the Federal Communications Commission against the power utility serving the City of Irving, in Dallas County. It had connected data transmitters on its power lines. The data transmitters caused interference to the federally licensed amateur radio communications. In this case, the complaint showed that those who tried to use amateur radio receivers in vehicles were subject to interference that radiated from the power lines. We understand that after the complaint was filed with the FCC, the data transmitters that make up the 'Broadband over power lines' system ("BPL") were disconnected and removed.
We believe "BPL" may have been misrepresented. We believe "BPL" is inherently defective, and violates the FCC Rules as stated by the ARRL in the complaint to the FCC. We believe Senator Fraser's bill offers "unintended consequences."
A copy of the ARRL complaint is available here:
http://www.arrl.org/tis/info/HTML/plc/files/BPL-IrvingComplaintAsFiled0305.pdf
DSL Internet service delivered with telephone lines or cable TV lines does not cause this kind of interference to radio communications... Unlike BPL, these methods of service delivery do not radiate beyond the wire that provides the delivery.
Amateurs will continue to complain to the FCC about interference from BPL transmitters. There is concern that the cost of dealing with these complaints, including attorney fees, may be passed on to the public. See Section 43.102(b) of the originally filed version of this bill. These complaints are about radio frequency interference from BPL, not about the distribution of electric power. Any costs the power company or its contractors may have in dealing with these complaints, including attorney fees, should not be passed on in residential or commercial electric bills.
The issue of radio interference should be handled by the Federal Government, not by the states. This matter is now pending before the FCC. The Federal Government has the facilities, laboratories and experts to offer an appropriate forum for these issues. The State of Texas should move on to work on issues like school finance and highways, rather than something the FCC has the facilities to consider. Click here:
PDF Files:
http://www.arrl.org/tis/info/HTML/plc/filings/BPL-RECON-Reply-to-Opposition-of-Current-ARRL.pdf
http://www.arrl.org/tis/info/HTML/plc/filings/BPL-Recon-Reply-Consol-Rep-40-dB-decade-ARRL.pdf
http://www.arrl.org/tis/info/HTML/plc/filings/BPL-Recon-Reply-to-Opposition-Ambient-and-UPLC.pdf
Amateurs are good citizens, who follow complex rules on the operation of their stations. Some have become further involved in public affairs, and have themselves been elected to various public offices. We expect to see more of this in the future.
- Tom Blackwell, Dallas, Texas
I have been asked about the dates that certain State Senators are up for election. Here Is the list of the 31 Texas Senators, and the years their districts are scheduled to hold the next election. Persons filing for these offices have a deadline in January of the year listed, with the General Election the following November. All House members are up for election every two years. All candidates for the House and Senate file for election in January of even numbered years: Armbrister (18): 2006 Averitt (22): 2006 Barrientos (14): 2006 Brimer (10): 2008 Carona (16): 2008 Deuell (2): 2006 Duncan (28): 2008 Ellis (13): 2006 Eltife (1): 2006 Estes (30): 2008 Fraser (24): 2008 Gallegos (6): 2008 Harris (9): 2008 Hinojosa (20): 2008 Jackson (11): 2008 Janek (17): 2006 Lindsay (7): 2006 Lucio (27): 2008 Madla (19): 2006 Nelson (12): 2006 Ogden (5): 2006 Seliger (31): 2008 Shapiro (8): 2006 Shapleigh (29): 2006 Staples (3): 2006 Van de Putte (26): 2008 Wentworth (25): 2006 West (23): 2008 Whitmire (15): 2006 Williams (4): 2008 Zaffirini (21):2008
