[LCC] FCC Rules in favor of Ham vs. Power Company

[Charles Morrison]

For those who don't receive the ARRL letter:

 

==> FCC TO UTILITIES: DON'T LOOK TO HAMS TO PAY FOR YOUR TESTING 

 

In a case that goes back more than 10 years, the FCC has told a Pennsylvania
utility that the utility is responsible for paying for "efforts to locate
and correct instances of [power line] noise"

<http://www.fcc.gov/eb/AmateurActions/files/Duque09_08_07_5108.pdf>. At
least one amateur has been complaining to the FCC since 2000 regarding
harmful radio interference possibly caused by power line equipment
maintained by Pittsburgh's Duquesne Light Company (DLC)
<http://www.duquesnelight.com/>.

 

Bob Thacker, K3GT, of Allison Park, Pennsylvania -- a suburb just northeast
of Pittsburgh -- first noticed harmful interference back in 1996. He told
the ARRL that DLC would come out and fix things, but that he would soon hear
noise again. After a few years of this, he complained to the FCC, and in
2005, the FCC notified DLC of the complaint. A month later, DLC responded to
the FCC, detailing their efforts to resolve the matter and indicated that
the most recent complaint was the result of changed conditions, not the
continuation of an old problem.

 

According to the FCC, DLC again communicated with the FCC in a letter dated
June 2, 2005, explaining the efforts they had taken to repair three
lightning arrestors. During the latter half of 2005 and into 2006, Thacker
continued to experience interference and continued to report these instances
to DLC, requesting that DLC correct the problems. In 2007, he located a
specific pole as one source of noise and advised a Mr Luther of DLC of this
fact; Mr Luther advised Thacker that he would submit a work order.

 

In March 2008, DLC contacted Thacker, indicating that it had swept the area
where the suspected pole was located and discovered no noise. DLC indicated
that the noise source was a neon light. Finally, DLC stated that it had
spent "significant amounts of time and money" attempting to address his
concerns and that DLC would require him to pay for any additional efforts to
locate and correct instances of noise.

 

Special Counsel for Amateur Enforcement Laura Smith responded to DLC in July
of this year, saying "Such a response is not acceptable." She spelled out
what she called "the most important rules relating to radio and television
interference from incidental radiators," specifically:

 

47 CFR, Section 15.5: General Conditions of Operation
<http://edocket.access.gpo.gov/cfr_2002/octqtr/pdf/47cfr15.5.pdf>; 47 CFR,
Section 15.13: Incidental Radiators
<http://edocket.access.gpo.gov/cfr_2002/octqtr/pdf/47cfr15.13.pdf>, and

47 CFR Section 15.15: General Technical Requirements
<http://edocket.access.gpo.gov/cfr_2002/octqtr/pdf/47cfr15.15.pdf>. 

 

"Given the fact this case has been ongoing for quite some time without
resolution and DLC has had ample time to locate the instances of
interference and make the necessary repairs," Smith told the utility, "you
are directed to respond to [me] within 60 days of receipt of this letter,
detailing what steps you have taken to resolve the remaining instances of
interference that are reported as being caused by your equipment. Should the
remaining interference problems not be resolved within those 60 days, DLC
will be required to provide [me] with a status update every two weeks going
forward as to what progress, if any, has been made to resolve the matter."

 

ARRL Lab Engineer and power line noise expert Mike Gruber, W1MG, was pleased
with Smith's decision, and said that amateurs should not be made to pay fees
to the utilities to test for harmful interference by the same utilities. "It
is not the responsibility of an Amateur Radio operator to track down and get
rid of power line noise -- that's the utilities' job. I am pleased with the
precedent that Laura Smith and the FCC have set here. Now maybe more
utilities will take power line noise interference more seriously in the
future."

 

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