Informal Objection

0132-EX-RR-2007 Text Documents

AMBIENT CORPORATION

2008-03-28ELS_89119

                                            Before the
                 FEDERAL COMMUNICATIONS COMMISSION
                                    Washington, D.C. 20554

 In re Application of
                                                         1
 AMBIENT CORPOMTION                                      )       File No. 0132-EX-/@-~OO~
 Application for Renewal of Radio Station                        W  D 2mQ
 Authorization Under Part 5 of the
 Commission's Rules                                      1
 To: The Chief, Office of Engineering and Technology
 VIA OFFICE OF TZI[IESECRETARY


                                 INFORMAL OBJECTION

        ARRL, the National Association for Amateur Radio, also known as the American

Radio Relay League, Incorporated (ARRL), by counsel and pursuant to Section 5.95 of

the Commission's Rules governing experimental authorizations, hereby respectfully

submits its informal objection to the above-referenced application for renewal of

Ambient's experimental authorization to conduct broadband over power line OEJPL)

operations at variance fiom those permitted by the Commission's Rules (See, 47 C.F.R.

jj15.601-15.615). The application for renewal, filed by Ambient Corporation (Ambient)
                                                                                                   I


was filed July 24,2007 and is presently pending. As good cause for the denial of this

renewal application, ARRL states as follows:

        1. Ambient has, for the past five years, deployed interference-causing BPL

facilities at, inter aiia, Briarcliff Manor, New York in Westchester County. It has been

operating pursuant to the WDZXEQ experimental authorization, issued in 2005, and its

                                                '
predecessor, WB9XQT, first issued in 2002. Ostensibly, the Ambient system is


 WB9XQT, an STA, was first issued June 24,2002, providing for BPI, operation only in Westchester
County, NY (File No. 02 18-EX-ST-2002; it was extended by STA granted December 24,2002 (0435-EX-
ST-2002). WB9XQT was replaced by WDZXEQ, an experimental authorization for a two-yew period


 operating in Briarcliff Manor for the purpose of testing BPL systems. However, since the

 issuance of the fust experimental authorization, rules have been enacted for the regular

 Part 15 operation of BPL systems and there is nothing that has been filed by Ambient

 which could justify the continuation of experimental operation of this system rather than

 operation pursuant to the Commission's rules governing virtually all other BPL systems.

         2. ARRL filed complaints on October 12,2004; December 17,2004; January 7,

 2005; March 17,2005; January 6,2006, March 29,2006, and May 31,2007, each of

 which reported ongoing, harmful interference caused by the un1awfi.d operation of

Ambient's BPL system at Briarcliff Manor in violation of the terms of the experimental

authorizations. The complaints included technical reports on the result of tests conducted

by ARRL. The conclusion reached in each complaint, which ARRL now incorporates

herein by reference, is that this facility was, and now still is, causing harmful interference

to Amateur Radio stations. As such, it is in violation of the terms of the experimental

authorization. Condition #1 of that Experimental authorization requires that if "any

interference" occurs, the holder of the authorization will be subject to immediate shut

down. Interference has repeatedly occurred, and it has been witnessed and verified by a

member of the Commission's Enforcement Bureau s M . Yet no action has been taken

whatsoever to terminate this experimental authorization in response to any of the

complaints of harmful interference filed by ARRL and by at least one local Amateur

Radio licensee. It would be unconscionable for the Commission to fkther renew this

experimental authorization in the face of these unresolved complaints of interference.

Furthermore, the Commission has finally, after years of inaction, commenced an
-
beginning July 28,2003 and expiring August I , 2005 (01 18-EX-PL-2003). It was extended to August 1,
2005 (0 11 8-EX-RR-2005) and again through August 1,2007 (01 18-EX-RR-2005). WD2XEQ i s a
"nationwide" authorization,and is not limited to Briarcliff Manor, NY.


 enforcement proceeding (See, Enforcement Bureau file number EB-06-SE-083). That

 proceeding is still under investigation, making renewal of this Experimental authorization

 completely inappropriate.

        3. More fundarnentally, however, Section 5.71(b) of the Commission's rules

 provides that an experimental authorization will not be granted for a period longer than

 that which is required for completion of the experimental project. There is nothing

offered in the pending renewal application that would justify the extension of Ambient's

experimental authorization beyond the five years that it has been authorized to operate its

interference-causing BPL system. Section 5.71(a) of the Rules states that the regular

license period for stations in the Experimental Radio Service is either 2 or 5 years. An

applicant desiring to apply for a 5 year license must provide justification for its need for a

license of that duration. A license may be renewed upon an adequate showing of need.

Here, the aggregate experimental license term including the STA periods totals more than

five years to date. There is nothing in the renewal application that would justify any

further experimental authorization period, and in fact it is apparent from the cited

regulation that the Commission cannot extend the experimental period any further,

because it has already been of five years duration, and because no good cause has been

shown for the further extension.

       4. The extension application offers, in fact, no justificationwhatsoever for a sixth

or seventh year of experimental BPL operations, and no explanation why Ambient cannot

operate pursuant to the BPL rules under Part 15, as virtually every other of the few BPL

systems in operation now are doing. Ambient has had five years of experimental

operation of the Briarcliff Manor BPL facility. It has failed during that time to provide


reports of the findings of its experimental operations as required by Condition #5 of the

authorization20rto explain anything about its "significant advancements"in technology.

It is operating a regular service based on an experimental authorization, in violation of

Section 5.83, which provides that the grant of an experimental authorization to use

certain frequencies is granted upon an experimental basis only and does not confer any

right to conduct an activity of a continuing nature. This is clearly an activity of a

continuing nature, and if it is to continue at all, it must be pursuant to the regular rules

that have been enacted by the Commission governing BPL operation.

         5. The continued operation of this facility pursuant to an experimental

authorization subverts the Commission's regulatory "scheme" for BPL interference

avoidance. For example, because the Ambient Briarcliff Manor BPL system is operated

under an experimental authorization, the Commission has determined (inexplicably) that

the BPL system does not have to be included in the publicly available database listing

BPL, systems that are operational, and contact information to report interference.

Therefore, those licensees in the Amateur Service or in other services using high-

frequency bands who suffer interference from the excessive radiated emissions fiom the

system have no indication how to complain about it, or ascertain the source of the

interference. Causing Ambient to operate in accordance with the long-ago-enacted BPL

rules rather than allowing it to hide behind an experimental authorization would at least

be consistent with the Commission's regulatory plan for BPI,, however inadequate that

 See, the letter of the Chief, Spectnun Enforcement Division, Enforcement Bureau dated May 21,2007 to
Ambient, stating in part that Ambient was required to file progress reports six months fiom the date of
grant of the Experimental Authorization. The progress report was specifically required to include a
description of measurements and results demonstrating compliance with the Commission's Rules,
including the radiated emission limits of Section 15.109 of those rules. According to the May 21 letter,
Ambient submitted its "most recent" six month report February 5,2007. In it, Ambient submitted no
measurements at all. It merely stated that certain Amateur high fkquency bands were notched, and
claiming"significant advancements" in its technology.


 plan is in tenns of interfeknce avoidance. It also would create a level playing field for

BPL competitors, who are operating in accordance with the Part 15 rules. As well, use of
 certificated equipment would be required of Ambient if it is forced to comply with the

 rules applicable to all other BPL systems. If it does comply with those requirements,

perhaps at least some of the abundance of unresolved and unaddressed interference
 problems caused by Ambient would be reduced.

        6. It is unclear why Ambient required a nationwide experimental authorization. If

it is opekiting BPL systems other than the Briarcliff Manor system, it has not submitted

any six-month periodic reports with respect to any of them. Accordingly, it has not

complied with the terms of the expiring experimental authorizationand it should not be

rewarded by a renewal of the authorization.

        7. Finally, attached hereto is a letter from a member of the Westchester County

Board of Legislators, William E. Burton, objecting to any renewal of the Ambient

Experimental Authorization, due to the adverse impact on emergency communications

provided for the County by Amateur Radio operators associated with the Radio Amateur
Civil Emergency Service (RACES), the Amateur Radio Emergency Service (ARES) and
the Westchester ~ m e r g e n Communications
                              c~
                                              r
                                             Association(WECA).The letter notes a

lack of cooperation by ConsolidatedEdison about the BPL interference, and cites the
repeated BPL interference complaints by Mr. Alan Crosswell, the Radio Officer

appointed by WECA.
                                                                                       ,

       Therefore, the foregoing considered, U ,the National Association for

Amateur Radio, respectfully request8 that the Commission deny and dismiss the pending,

above-captioned application for renewal or extension of the experimental authorizationof


Ambient Corporation for its BPL operations in Briarcliff Manor, New York and in other

locations in the United States where it may be operating BPL systems.

                              Respectfully submitted,
                              ARRL, thc National Association For Amateur Radio

225 Main Street
Newington, CT 061 1 1- 1494


                              By:
                                      Its General Counsel


Booth, Freret, M a y & Tepper, P.C.
14356 Cape May Road
Silver Spring, MI) 20904-6011
(301) 384-5525

July 25,2007


William E. Burton
Legislator, 9th District
C k ,C o m i r t e s on Public Safeg 9r




                                                       July 13,2007


               Mr. Kris Monteith
               Chief, The Enforcement Bureau
               Federal Communications Commission
               445 Twelfth Street,SW, Room 7-C723
               Washington, D.C. 20554


                         RE: AMBIENT CORPORATION BROADBAND OVER POWER LINE
                         SYSTEM AT BRIARCLEF MANOR, NEW YOIRK; EXPERMENTAL
                         AUT.I3ORIZATION WD2XEQ, EXPERIMENTAL LICENSE FILE NO. 01 18-
                         EX-PR-2005,EXPIRIES AUGUST 1,2007; ENFORCEMENT BUREAU FILE
                         NO. EB-06-SE-083.



               Dear Mr. Monteith:

                      I am writing in my capacity as Chairman of the WestChester County (New York)
               Board of Legislators' Committee on Public Safety and Security. I would like to share my
               concerns with the Commission about the Broadband over Power Line @PL) system
               operating in the WestChester County Villageof Briarcliff Manor and the interference it
               has caused to local amateur radio operato~s.

                        As a populous suburban county in a major metropolitan region, WestChester is
               fortunate in having highly trained and qualified amateur radio operators to assist our
               emergency communicatiofls services. The professionalism of these volunteer radio
               operators is evident in both their assistance with day to day WestChester County
               communications needs, as well as in their availability to be OUT communicators of last
               resort, "when d else kils." These volunteers aIso assist at all levels of local government
               in WestChester and also provide service to such non-governmental organizationsas the
               American Red Cross. They serve both individually and as members of the Radio
               Amateur Civil Emergmy Service, the Amateur Radio Emergency Service, the
               Westchestm Emergency Communications Association, and of coursethe American Radio
               Relay League (ARRiL).



                    TeI: 1914) 995-2812   Fax: (914) 995-3884   E-mail: Burton@westchesterfegislators.com


        I am therefore concerned that the BPL experiment now being conducted in
Briarcliff Manor is showing substantial interference with the local amateur radio
frequencies. Data brought to me and my committee's aaention is very disturb'i. I am
seeking the follow-through of the FCC in its monitoring and regulation of this
experimental technology to ensure that harmful interference is eliminated through strict
enforcement of FCC rules regarding BPL.

        Data provided by amateur radio operators in Westchestm County appears to show
that the interference issue regarding BPL is well-known to several federal departments
concerned with emergency pmparedness. For example, it is my understanding that the
Department of Defense has weighed in before the New York State Public Service
Commission on the potential that BPL has to cause serious intderence with both wired
and wireless communicatio]3~    systems.
        I am also concerned about information brought to my attenlion that indicates that
there is lax enforcement of FCC rules at the experimental BPL system operated by
Ambient Corporation in Briarcliff-r.       Significant evidence pnmmtd to me and my
committee indicatestbat Ambient, Consolidated E&son (the sponsor of the Ambient BPL
experiment), and the FCC itself have been unresponsive to complaints of harmful
interference to the Amateur Radio service for over the past three years.

    Since March 3 1,2004, Mr. Alan CrossweLl, the Radio Officer appointed by the
Westcheskr County Dqmhmmt of Emergency Services, has been making complaints to
Ambient, Consolidated Edhn, and the FCC concerning Jmmfid intxderence to the
Amateur Radio service caused by the Briarcliff Manor BPL experiment. The ARIU was
brought in with its national laboratory manager, Ed Hare coming to Westchester for
nummus tests in the numerous ARRL complaints before the Commission comemi.ug
harmful interfmenceto amateur radio fkquency bands.
          I was gratified to learn of recent developments at the Brimliff Manor BPL site in
June on the eve of tbe expiration of the ~nrentexperimental license. I am c o n e
however, to have recently learned that Ambient may be planning to request a renewal of
its e x p a h m t a l program without making vitally important improvements in its
technology. I have also learned that, while certain offending equipment has only recently
been removed after pears of complaints, &me is no assumme tbat Ambient may not "turn
up the power" and again exceed emissions levels causing interference again after a
license renewal.

       At a meeting held by my committee on March 5,2007, we met with
~ ~ t a t i vofeConsolidated
                  s            Edison and the New York State's Public Service
Commission, about this hue. At that time the representative from Consolidated Edison
agmdto work with the ARRL to resolve the communications inmference problems.
That coopemtion has yet to take place.

       I am thus reawstba that the FCC not renew the exmrimental BriarcliffManor
BPL license until my concerns about harmful interference are adeqmtely a d h s d


       The Commissionshould require that Consolidated Edison and Ambient cooperate
with the ARRL and its BPL technical experts forthwith. This would involve inviting the
County's RACES Radio Officer(Alan Cromll)and/or those he designates (for
example, the AARL) to attend the measurement sessions that a BPL provider is to
conduct. This would include both the current experimental system as well as any fi&ure
or"second g d o n " technology.

        Westchestm County needs to be "inthe process." By not renewingthe Ambient
experimental license until all these concerns are ad&&     the FCC can make it clan
that complaints concerning harmful interference are taken seriously. That is the best way
for the FCC to promote a new technology while protecting public safii in Westchesta
County.

       Thank you for your consideration of t?xabove.

Sincerely yours,



William E. Burton,
Chairman,Public Safety and Security Committeey
Westchester County Board of Legislators


                             CERTIFlCATE OF SERVICE

       I, Christopher D. M a y , do hereby certify that I caused to be mailed, via first class
U.S. Mail, postage prepaid, a copy of the foregoing INFORMAL OBJECTION, to the
following, this 2 5 day
                     ~ of July, 2007.


George Y. Wheeler, Esq.
Holland & Knight
2099 Pennsylvania Avenue, N.W.
Washington, D.C. 20006
Counsel for Ambient Corporation

Kathryn S. Berthot, Esquire*
Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission
445 Twelfth Street, S. W.
Washington, D.C. 20554

Julius Knapp, ChieP
Office of Engineering and Technology
Federal Communications Commission
445 Twelfth Street, S.W.
Washington, D.C. 20554

James Burtle, ChieP
Experimental Licensing Division
Office of Engineering and Technology
Federal Communications Commission
445 Twelfth Street, S.W.
Washington, D.C. 20554




* denotes courier delivery



Document Created: 2008-03-28 10:59:51
Document Modified: 2008-03-28 10:59:51

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