[BC] IBOC "secrets" and my opinions.

[Jonathan E. Hardis]

>With all due respect, the communications act of 1934 as amended 
>still requires the FCC to work in the public interest rather than 
>the special interest.  At some point I thoroughly expect injunctive 
>action (hey Idea Bank members)  to prevent this from lasting for 
>long.  The courts will be compelled to side with a congressional act 
>over a ruling from a commission.
>
>Denny Crane..  uh  Craig Bowman
>
>Durand, MI


Actually, the courts are compelled to defer to the Commission in its 
determinations of what the public interest is.  That is, if the only 
question at issue is deciding what is in the public interest, that's 
up to the FCC to decide.  (Other questions, such as whether or not 
the Commission correctly followed the Administrative Procedures Act, 
are reviewable by the court.)

So, if you have a theory as to what is or is not in the public 
interest, you should be kicking yourself for not arguing that theory 
before the Commission while you had a chance.

Actually, you still have a chance.  If you have any new information 
that they have not previously considered, you can file a Petition for 
Reconsideration.

   - Jonathan