PLA/PLT CHALLENGE

THE FOLLOWING IS BY THE NEWLY ELECTED RSGB CHAIRMAN AND HAS BEEN COPIED FROM THE JANUARY 2010 RADCOM MAGAZINE.

21 Dec 2009

The following is by the newly elected RSGB Chairman and has been copied from the January 2010 RadCom magazine. It should be of interest to all non RSGB members to be aware that the RSGB is "fighting our corner" in the PLA/PLT debate.

PLA/PLT.
The threat to the radio spectrum from PLA/PLT devices is probably the most difficult challenge in which to achieve success
The Society recently , announced that we are seeking legal opinion, with regards to Ofcom's interpretation of the various acts and directives that cover PLA PLT and the threat that they pose. We have been prompted to do this by reports and complaints from members and non-members of interference to amateur radio operation from PLA devices and our own investigations have shown that this interference almost makes operating on the lower HF bands impossible. We are also conscious that other 'wireless' devices are coming along that could also affect the bands, including Smart metering and Smart grid. By 2020 all homes in the UK will be fitted with Smart meters that will monitor energy usage. We as radio amateurs need to ensure that we are given a level playing field to protect the spectrum that we enjoy. First and foremost the Radio Society of Great Britain is a representative body and it is in this role that we raise this legal challenge on behalf of the UK amateur radio community.
Any legal challenge s costly and the RSGB cannot fight this alone .We need the support and financial help not only from our members but also the amateur radio community as a whole.

SPECTRUM DEFENCE FUND.
To this end, with this 'Editorial' I am announcing and establishing a 'Spectrum Defence Fund'. This fund will be used in the first instance to challenge Ofcom at law as described above. This may take the form of a judicial review but we will be advised by our lawyers on the direction to take.
I will be quite open with you the cost of a judicial review to challenge Ofcom and their interpretation of the EMC directive will be in excess of £75,000, and we are not guaranteed success. But, we do feel that now is the time to stand up and be counted and make it known that we, as a community,,, are not prepared to accept any level of interference from non compliant devices. We are looking to our administration (Ofcom) to protect our interests, which it is their statutory duty. As I mentioned there are other challenges ahead and the fund will be used only to protect the Spectrum when and where we need to do so. This is a long term project and all monies donated will be 'ring fenced' for these actions alone.
If every radio amateur in the UK pledged £10 to the Spectrum Defence Fund we could quickly raise in the region of £400-500K but if only 10,000 amateurs pledge £5 we would fall woefully short of what we believe is a realistic figure to fight the challenges ahead. Please help the RSGB in this most important area.
We realise that it would be impossible to remove from the market the devices that currently cause interference. This is an expectation too far. Neither are we likely to see rapid results. What we want to achieve is for Ofcom to recognise that they do have a statutory duty to protect the amateur radio community alongside their duties to commercial stakeholders.

CONCLUSION.
Thanks again for allowing me the privilege of being your President for the next two years. I look forward to exciting times ahead and working with the Board to meet the challenges. I will meet as many of you as I can at rallies, club visits and so on. I can't promise that everything we do as a Board will please everyone, but it'll done for one reason only — to promote our great hobby and move it forward on a positive footing deep into the 21st century.
Dave Wilson, M0OBW
If you wish to donate to the 'Spectrum Defence Fund' could you please make cheques payable to The Spectrum Defence Fund' and send them to Spectrum Defence, RSGB, 3 Abbey Court, Fraser Road, Priory Business Park, Bedford, MK44 3WH.

The Spectrum Defence Fund is a secure and independently audited fund, the proceeds of which will only be used in defence of the radio spectrum.

Government response to petition 'SaveShortwave2'‏

From: 10 Downing Street (number10@petitions.pm.gov.uk)
Sent: 09 December 2009 15:33:39
To: e-petition signatories (number10@petitions.pm.gov.uk)

You signed a petition asking the Prime Minister to "require the relevant regulatory authority namely Ofcom to take active and speedy measures to test samples of all makes and types of PLT device and to remove from the UK market all those devices where the sample is found to be non compliant with the requirements of the Electromagnetic Compatibility Regulations 2006. And to take all practicable and necessary steps to prevent anyone placing non compliant PLT devices on the UK market now and in the future. The Department for Business Enterprise and Regulatory Reform and Ofcom are familiar with these devices they being widely distributed by a national communications supplier, various high street stores and on the Internet. These devices are used to transfer electronic data via domestic electrical household wiring and the techniques involved in typical use result in harmful interference to short wave radio reception." The Prime Minister's Office has responded to that petition and you can view it here: http://www.number10.gov.uk/Page21654 Prime Minister's Office Petition information - http://petitions.number10.gov.uk/SaveShortwave2/ If you would like to opt out of receiving further mail on this or any other petitions you signed, please email optout@petitions.pm.gov.uk

Wednesday 9 December 2009
SaveShortwave2 – e-petition response
We received a petition asking:
“We the undersigned petition the Prime Minister to require the relevant regulatory authority namely Ofcom to take active and speedy measures to test samples of all makes and types of PLT device and to remove from the UK market all those devices where the sample is found to be non compliant with the requirements of the Electromagnetic Compatibility Regulations 2006. And to take all practicable and necessary steps to prevent anyone placing non compliant PLT devices on the UK market now and in the future. The Department for Business Enterprise and Regulatory Reform and Ofcom are familiar with these devices they being widely distributed by a national communications supplier, various high street stores and on the Internet. These devices are used to transfer electronic data via domestic electrical household wiring and the techniques involved in typical use result in harmful interference to short wave radio reception.”
Details of Petition:
“The Government has confirmed in their response to the “Saveshortwave” petition that “Power Line Technology (PLT) equipment is required to meet the relevant regulations.” The relevant regulations are the Electromagnetic Compatibility Regulations 2006 (the Regulations) for which BERR is responsible. Independent testing to date has shown that PLT devices do not and cannot meet the requirements of the Regulations. Furthermore, continuing numbers of complaints of harmful radio interference from PLT devices amply illustrate that in practical applications they do not meet the “Essential Requirements” of the Regulations and prevent other equipment from functioning as intended. Irrespective of and notwithstanding the number of recorded complaints of interference, we call on BERR to comply with the law, namely the provisions of the Regulations which are based on a European Directive, and to expeditiously remove this menace from the market by the means as set out above.”
• Read the petition • Petitions homepage
Read the Government’s response
Thank you for the E-petition about testing Power Line Technology (PLT) equipment.
The Department for Business Innovation and Skills is responsible for the Electromagnetic Compatibility (EMC) Regulations 2006. Enforcement powers are delegated to local Trading Standards offices and to the Regulator, the Office of Communications (Ofcom), where there is a radio spectrum protection or management issue. Ofcom is the body responsible for the management of the civil radio spectrum in the UK.
In the last twelve months Ofcom have received 143 individual PLT interference complaints about inability to receive radio transmissions in the High Frequency (HF) band (3 to 30MHz). Of these, 121 have been investigated and referred to the apparatus supplier who has resolved 104. The solutions employed include replacing the apparatus, hard wiring and conventional wireless alternatives.
As a result of the Regulator’s investigations which found no breach of the EMC requirements, Ofcom decided against taking further enforcement action at this time. Ofcom is therefore working to reduce any negative effects in individual cases with BT, the largest supplier, and with Comtrend UK Ltd, which supplies the apparatus as part of the BT Vision package. Further information about PLT and Ofcom may be found on their website:
http://www.ofcom.org.uk/radiocomms/ifi/enforcement/plt/
On the available evidence, we do not believe an outright ban of all powerline equipment is justified.
Ofcom can provide advice and assistance to those who complain of interference with radio communications equipment. Any individuals who wish to report specific cases of interference that may be caused by PLT apparatus, or any other source, should contact Ofcom’s Advisory Team on 0300 123 3333 for further assistance.