NAB, iBiquity Respond To HD Radio Power Boost Challenges
May 28, 2010 at 4:10 AM (PT)
The NAB and iBIQUITY have filed comments with the FCC responding to the petitions for reconsideration and applications for review challenging the HD RADIO power increase.
The comments from the NAB contend, "Rather than not adequately considering the objections of applicants and petitioners as they claim, the Bureau, based on the record before it, simply disagreed with the objectors' arguments." The NAB also said, "the Media Bureau was under no obligation to seek specific comment on the final NPR Study ... (and) the specific, limited action taken by the Bureau here was not dependent on resolution of other issues raised in earlier, pending petitions for reconsideration of the Second Report and Order that established certain service and operational rules for interim digital radio operations."
iBIQUITY said that the challengers "fail to demonstrate a procedural error, erroneous fact finding or conflict with past Commission precedent or case law that would warrant a reversal of the Order. Moreover, the filings do not provide a sufficient showing of good cause to justify the grant of a stay, as requested by some of the petitioners and applicants."
iBIQUITY's opposition was immediately met by a Motion to Strike by JONATHAN E. HARDIS, one of the challengers, who said that iBIQUITY "neither requested nor received leave to file a reply in this matter, and therefore this pleading is not authorized under Commission rules." HARDIS also called the comments by iBIQUITY, which he said devotes about five pages to his filing and three additional pages opposing other petitions for reconsideration, unacceptably premature, since "The time for filing oppositions to the petition runs from the date of public notice. Furthermore, 'oppositions to a petition for reconsideration shall be filed within 15 days after the date of public notice of the petition's filing.' With respect to the petitions for reconsideration, no Federal Register notices have yet been published, and iBIQUITY's opposition is incurably pre- mature. Recent precedent is to enforce this point strictly."