ORI Regulatory Update: FCC Proposes Deleting BPL Rules

The FCC’s “Delete, Delete, Delete” initiative proposes removing the entire Access Broadband over Power Line (BPL) regulatory framework (Part 15 Subpart G) from the Code of Federal Regulations. The reasoning: BPL was never successfully commercialized, so the rules are dead letter. This item is scheduled for the December 18, 2025 FCC Open Meeting.

For those who weren’t in the amateur radio trenches in the United States during the mid-2000s, BPL was one of the most contentious regulatory battles in recent ham radio history. The technology promised broadband internet delivery over power lines, but there was a big catch. Power lines make excellent antennas in the HF spectrum. BPL systems operating from 1.7 MHz to 80 MHz range caused substantial interference to amateur radio operations, shortwave broadcasting, and other licensed services. This was documented by radio groups large and small across the US. 

ARRL fought this battle all the way to federal court. In 2008, the DC Circuit Court found the FCC had violated the Administrative Procedure Act in its BPL rulemaking. At the time, this was recognized as a significant victory. The court ordered the FCC to reconsider, but the Commission largely reaffirmed its original rules in 2011, leading to continued legal challenges that seemed to promise to drag on for years. 

Then a plot twist happened. The market solved the problem before the courts got back around to it. Every major commercial BPL deployment in the United States eventually shut down because they failed their business cases. Fiber, DSL, cable, and wireless broadband simply won. The last significant BPL internet provider (IBEC) closed shop in 2012. Cincinnati’s BPL system pulled the plug in 2014.

Part 15 Subpart G contained special provisions for Access BPL devices, including things like exclusion zones, database registration requirements, consultation requirements, mandated measurement procedures, and notching requirements for amateur bands.

Without Subpart G, any future BPL-like device would be regulated under the general Part 15 unintentional radiator provisions. These are the same rules that govern everything from your laptop to your garage door opener.

So, does this matter now? Well, yes. First of all, good riddance. These rules governed a technology that no longer exists in commercial deployment. Removing dead regulations is good regulatory hygiene. If someone wanted to resurrect BPL tomorrow, they’d still need to meet Part 15 emission limits and couldn’t cause harmful interference to licensed services. That’s the spectrum regulatory reality regardless of Subpart G. But, it’s not that simple. The specialized Subpart G rules existed precisely because generic Part 15 limits were inadequate for dealing with how harsh BPL interference really was. NTIA studies showed that BPL systems operating at generic Part 15 limits had essentially 100% probability of interfering with nearby HF operations. Removing the framework means any future power-line broadband technology would start from scratch without the hard-won protections built into Subpart G.

This is being processed as what is known as a Direct Final Rule. This means that the FCC believes it’s non-controversial and doesn’t require the traditional notice-and-comment process. However, the agency is accepting input. If adverse comments are filed, the rule would convert to a standard rulemaking requiring public comment.

Parties who have views on this deletion (like ARRL, which invested significant resources fighting these battles) have an opportunity to weigh in before the December 18 meeting.

FCC Document: DOC-415572A1 (Delete, Delete, Delete – Direct Final Rule)
Current regulations: 47 CFR Part 15 Subpart G (§§15.601–15.615)  
Background: ARRL v. FCC, DC Circuit Court of Appeals (2008)

For ORI members interested in the regulatory history, the ARRL’s BPL archive at arrl.org/broadband-over-powerline-bpl contains extensive documentation of the interference measurements, court filings, and technical studies from this era.

BPL Regulatory Throwback

From ARRL Bulletin ARLB003, in February 2005:

ARRL CEO David Sumner, K1ZZ, called Powell’s performance ‘a deep disappointment’ after some initial optimism–especially given his unabashed cheerleading on behalf of the FCC’s broadband over power line (BPL) initiative.

‘It’s no secret that we thought Chairman Powell was going entirely in the wrong direction on BPL and dragging the other commissioners and FCC staff along–willing or not–because he was, after all, the chairman,’ Sumner said. ‘A new chairman might be a chance for a fresh start.’

When the FCC adopted new Part 15 rules for BPL last October, Powell called it ‘a banner day.’ While conceding that BPL will affect some spectrum users, including ‘all those wonderful Amateur Radio operators out there,’ Powell implied that the FCC must balance the benefits of BPL against the relative value of other licensed services.

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