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Old February 12th 05, 11:02 AM
Mike Terry
 
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Default BPL Legal Wrangles Continue in Austrian City

The ARRL Letter, Vol 24, No 06
Website: http://www.arrl.org/ on February 11, 2005

Local telecommunication authorities in Austria have sent a "first-step"
legal notice to Linz Strom GmbH (Linz Power), calling on the utility to
"take necessary technical measures" to operate its "Speed-Web" broadband
over power line (BPL) system so it doesn't cause interference to other
telecommunication equipment. Joseph Ibinger, who heads the Upper
Austria-Salzburg field office for the Federal Ministry for Commerce,
Innovation and Technology (BMVIT), told Linz Power in late December that
interference mentioned in complaints is definitely coming from the utility's
BPL system. From the time the BPL installation was a pilot project, radio
amateurs have been among the most vocal in expressing their displeasure,
blaming BPL for causing excessive interference on HF bands throughout the
City of Linz. The Austrian Amateur Transmitter Federation (Österreichischer
Versuchssenderverband--ÖVSV), Austria's International Amateur Radio Union
(IARU) member-society, praised the action, which the utility is very likely
to appeal.

"The Austrian Amateur Radio Society applauds this decision of local
authorities and notes that radio users have repeatedly indicated the problem
of unwanted radiation from unshielded mains wiring," said ÖVSV President
Michael Zwingl, OE3MZC. "The recent decision will be an example for
authorities in other European countries facing similar problems in BPL
trials."

In October 2003, Linz Power received a similar letter from local
telecommunications authorities asking the utility to "remove the illegal
interference" on the HF bands generated by the utility's BPL then-pilot
project. As a result, Zwingl says, the utility took legal action against
ÖVSV.

Assuming an appeal by Linz Power, the BMVIT must move Ibinger's initial
response--essentially the equivalent of a warning notice or citation--up to
the next level, and it could take up to six months to resolve the matter.
Zwingl says if the federal authorities affirm the local decision, they could
prohibit operation of the BPL system. As it now stands, the utility was
given a month to resolve the interference.

Zwingl said ÖVSV has been unable to obtain a copy of the actual decision and
was only able to obtain details of the document in January by working
through a "peoples' lawyer," essentially a legal ombudsman who runs
interference between the Austrian federal government and citizens.

According to legal ombudsman Peter Kostelka's report to Zwingl, the
telecommunication authorities cited Linz Power's use of unshielded wiring to
transport data signals, resulting in constant emissions that interfere with
short wave bands as "an undesirable byproduct" of the system.

The Linz Power BPL system boasts upward of 4000 "satisfied customers" out of
the 40,000 in its service area. It offers its basic service for ?24 a month;
a faster version goes for ?42 a month, both less installation charges.
Speed-Web uses Main.net BPL technology.

Zwingl said the recent official decree followed "some years of complaints
and investigations" into the Linz Power BPL project.
"We put pressure on officials to not just take measurements but also to
react by all legal means," he said. "It took us some time, but we never
agreed with the opinion of some authorities who have made a judgment between
the importance of ham radio and BPL." Zwingl maintains that Austria's
telecommunication rules conform with International Telecommunication Union
(ITU) regulations and "protect radio services and spectrum regardless of
subjective importance."

Linz Power Executive Josef Heizinger reportedly reacted calmly to the field
office decision. "We are absolutely in the right, legally, and will continue
the BPL development according to plan," he's quoted in the media. In another
interview, Heizinger declared that "simultaneous problem-free operation of
BPL and Amateur Radio equipment is possible," and he blamed a small group of
dissident radio amateurs for trying to discredit "this innovative and
economical technology."

Linz Strom blames the few radio interference problems its system has caused
on "defective equipment," and says it's resolved those cases promptly.

ÖVSV continues to insist that in its current form BPL--also known in
German-speaking countries as "Internet from the Electrical Outlet"--is
incompatible with HF reception.

Source:
The ARRL Letter Vol. 24, No. 06 February 11, 2005
http://www.eham.net/articles/10267



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