[BC] BUREAU ADOPTS ORDER TO MODIFY FM DIGITAL AUDIO BROADCASTING TECHNICAL RULES TO EXPAND DIGITAL COVERAGE.

[Rich Wood]

------ At 08:57 AM 1/31/2010, Mike McCarthy wrote: -------

>I suspect some agrieved licensee might go this route asking for an
>injunctive stay against the new power rules.  There are a few out there...
>
>I agree at this point the best recourse to stop this TERRIBLE ruling is
>Congress.

On what basis would a station expect to win an injunction? Fear of 
interference is a far cry from being destroyed by it. As usual, those 
who object hear interference and the cheerleaders don't. We have to 
destroy the village to save it.

I think it's a done deal. I recall the Commission saying interference 
would be dealt with on a case-by-case basis. Has any interfering 
station been ordered to shut it down? If two stations owned by the 
same company trash each other (WJR. WABC) the company will do it to 
protect themselves.

The guys with the big lawyers will win. It's my understanding that 
increased power adds noise to one's own signal. We don't seem to mind 
trashing other signals but are reluctant to excrete in our own nests.

On another list people seem content with a "decent" quality signal 
rather than a spectacular sounding one. The theory is that receivers 
are so bad today that hardly anyone will notice.

Rich

>MM
>
> >>Appears the FCC order leaves non-IBOC stations with little Federal
> >> recourse.
> >
> > That depends on what type of recourse you are looking for.
> >
> > The Order was adopted by Media Bureau, not the Commission itself, on
> > delegated authority.  "Any person aggrieved by any action taken
> > pursuant to delegated authority may file an application requesting
> > review of that action by the Commission."  47 C.F.R. 1.115  However,
> > there are a number of conditions -- the chief ones being that you had
> > to have opposed the action earlier during the comment period, and
> > that you cannot bring up new "questions of fact or law upon which the
> > designated authority [Media Bureau] has been afforded no opportunity
> > to pass."
> >
> > Should the full Commission uphold the action, one could then take it to
> > court.
> >
> > Or, in the case of the New Jersey Broadcaster's Association, to their
> > Congressman.
> >
> >      - Jonathan
>
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