This technology has the potential to play a significant role in increasing the competitive landscape of the electric utility and telecommunications industry, as well as making broadband available to more Americans than ever before. BPL, however, like any technology, has its advantages and disadvantages. For example, BPL, in general, is less expensive to deploy than the cable and telephone companies' broadband offerings because it does not require upgrades to the actual electric grid and is not limited by certain technical constraints of its competitors. However, critics of BPL have expressed concern that it will interfere with licensed radio spectrum such as amateur radio, government, and emergency response frequencies. Federal Communications Commission Activity

The FCC has been investigating BPL since 2003 and adopted rules regulating BPL systems in October 2004; it is also addressing BPL-related issues in its CALEA and IP-Enabled Services Proceedings. The FCC adopted its Report and Order (R&O or "Order") in this proceeding in October 2004. On August 3, 2006, the FCC adopted a Memorandum Opinion and Order (MO&O) in this matter. On October 10, 2006, the ARRL notified the U.S. Court of Appeals for the D.C. Circuit that it would appeal certain aspects of both the FCC's October 2004 R&O and August 2006 MO&O. National Telecommunications and Information Administration Activity

In April 2004, the NTIA released Phase 1 of a study on the potential for BPL to interfere with radio frequencies used by Government users for homeland security, defense, and emergency response. Such underestimation increases the risk of interference. Congressional Action: 110th Congress

In January 2007, Representative Mike Ross introduced H.R. 462 , the Emergency Amateur Radio Interference Protection Act. Upon completion, the FCC would be required to submit the study report to the House Committee on Energy and Commerce and the Senate Committee on Commerce, Science, and Transportation. This bill was referred to the House Committee on Energy and Commerce. No further action has been taken. In June 2007, Senator Mark Pryor introduced S. 1629 , which contains the same study requirements as H.R. 462 . That bill was referred to the Senate Committee on Commerce, Science, and Transportation. On August 4, 2007, the House of Representatives passed H.R. 3221 , the New Direction for Energy Independence, National Security, and Consumer Protection Act. If signed into law, Section 9113(a)(8) would require an assessment by a newly established Grid Modernization Commission to determine, biannually, the progress being made toward modernizing the electric system, including an "assessment of ancillary benefits to other economic sectors or activities beyond the electricity sector, such as potential broadband service over power lines."
Congress has expressed significant interest in increasing the availability of broadband services throughout the nation. Broadband over powerlines (BPL) has the potential to play a significant role in increasing the competitive landscape of the communications industry as well as extend the reach of broadband to a greater number of Americans. BPL, like any technology, has its advantages and disadvantages. Proponents state that BPL is less expensive to deploy than the cable and telephone companies' broadband offerings; it does not require upgrades to the actual electric grid; and, it is not limited by some technical constraints of its competitors. However, critics are concerned that BPL interferes with licensed radio frequencies used for amateur radio, government, and emergency response.
In October 2004 and October 2006, the Federal Communications Commission (FCC) adopted a Report and Order (R&O) (FCC 04-245) and a Memorandum Opinion and Order (MO&O) (FCC 06-113) on BPL issues. In May 2007, the American Radio Relay League (ARRL) petitioned the U.S. Court of Appeals for the DC Circuit to review the FCC's October 2004 R&O and 2006 MO&O. In its brief, the ARRL contends, among other things, that the FCC's actions in adopting rules to govern unlicensed BPL systems fundamentally alter the longstanding rights of radio spectrum licensees, including amateur radio operators. In April 2008, the court remanded the rules to the Commission.
In January 2007, Representative Mike Ross introduced H.R. 462, the Emergency Amateur Radio Interference Protection Act, which would require the FCC to conduct a study on the "interference caused by broadband Internet transmission over powerlines." The bill was referred to the Committee on Energy and Commerce Subcommittee on Telecommunications and the Internet on February 2, 2007; no further action has been taken. In June 2007, Senator Mark Pryor introduced S. 1629, which contains the same study requirements as H.R. 462. That bill was referred to the Senate Committee on Commerce, Science, and Transportation.
In August 2007, the House of Representatives passed H.R. 3221, the New Direction for Energy Independence, National Security, and Consumer Protection Act. If signed into law, Section 9113(a)(8) would require an assessment by a newly established Grid Modernization Commission to determine, biannually, the progress being made toward modernizing the electric system, including an "assessment of ancillary benefits to other economic sectors or activities beyond the electricity sector, such as potential broadband service over power lines."
In October 2007, the National Telecommunications and Information Administration (NTIA) published its Phase II BPL Study Report. The NTIA concluded that the FCC's BPL rules, measurement guidelines, and special protection provisions will limit the interference risks for federal radiocommunication systems.