Okay, so there is this technology called BPL, or Broadband Over Power Lines. Basically, it consists of sending radio frequency signals over power lines. It enables broadband access to any home with, basically, electricity (as long as an appropriate number of repeaters are installed on the power lines outside because transformers tend to drastically reduce the signal, and as long as converters are used inside the home or building, but neither is really that big a deal). The FCC wants to use BPL to provide broadband access to under-served areas. A potential problem exists, however, as explained in Wikipedia below.
Note: power lines are unprotected, thus engaging in this type of activity apparently causes a fair amount of noise and interference for certain already-existing applications.
On October 14, 2004, the U.S. Federal Communications Commission adopted rules to facilitate the deployment of "Access BPL" -- i.e., use of BPL to deliver broadband service to homes and businesses. The technical rules are more liberal than those advanced by ARRL and other spectrum users, but include provisions that require BPL providers to investigate and correct any interference they cause. These rules may be subject to future litigation.
On August 8, 2006 FCC adopted a memorandum opinion and an order on broadband over power lines, giving the go-ahead to promote broadband service to all Americans.[8][9] The order rejects calls from aviation, business, commercial, amateur radio and other sectors of spectrum users to limit or prohibit deployment until further study is completed. FCC chief Kevin Martin said that "holds great promise as a ubiquitous broadband solution that would offer a viable alternative to cable, digital subscriber line, fiber, and wireless broadband solutions," and that BPL was one of the agency's "top priorities".[10]
New FCC rules require BPL systems to be capable of remotely notching out frequencies on which interference occurs, and of shutting down remotely if necessary to resolve the interference. BPL systems operating within FCC Part 15 emissions limits may still interfere with wireless radio communications and are required to resolve interference problems. A few early trials have been shut down [4][5], though whether it was in response to complaints is debatable.
The ARRL sued the FCC, claiming that the FCC violated the Administrative Procedure Act in creating its rules. On April 25, 2008, a US Court of Appeals agreed with the ARRL that the FCC violated the APA, especially by redacting data from the public that could have shed doubt on the FCC's decision.
"It is one thing for the Commission to give notice and make available for comment the studies on which it relied in formulating the rule while explaining its non-reliance on certain parts," D.C. Circuit Judge Judith Rogers wrote. "It is quite another thing to provide notice and an opportunity for comment on only those parts of the studies that the Commission likes best."[11]
My friends, this is the m.o. of today's government. If the government wants to do something, its aim as always is to minimize the opposition by depriving them of facts or material that would help them to build their case. I have no idea whether the ARRL is overreacting, but the government actions in themselves certainly lend legitimacy to their argument. Otherwise what would they have to hide?
Usually when one first reads about this sort of thing and wants to find out why an agency has behaved in a certain way, the first impulse is to follow the money. I'm not so sure that was the motivation for the FCC in this case though. While money stands to be made by adding more broadband access everywhere, it isn't the telcos who stand to benefit, it's the public utilities. Not only would they receive tools to improve their service (BPL technology also helps utilities manage and status their systems better), they could rent out the wires to BPL operators. Thus, it isn't the big dogs on the Hill, the Telcos, who would win.
Indeed, this seems more of a free-market ideological thing for the FCC. I have read that the FCC wants to make all kinds of technology compete, rather than having companies compete within certain technologies. If BPL can knock off DSL, then it will prove that it is the most efficient way of providing broadband service and will thus win the race. It appears to be a testing ground for their ideas, just like Iraq is a testing ground for neo-con ideas. Unfortunately it seems like some folks are getting stepped on in the process. Even if that's a good thing, however, the FCC has stepped in it through paranoia and the fear of a full discussion based on all the issues.
Whatever the reason, when redaction and information manipulation reaches even this completely mundane level of government, I have to be worried.