[BC] Dealing with IBOC hash problems

[Paul Christensen]

> Are the victim stations being interfered with within their protected 
> contour? If they are, does a state court have the authority to usurp the 
> authority of the FCC?

Unlike the FCC's punitive damages, civil money damages can be heard in a 
court of competent jurisdiction.  It would be an interesting exercise to 
research a case of first impression and any subsequent case law regarding 
similar interference issues in allied services.  When a rule is codified by 
the FCC, it becomes an affirmative defense in litigation, assuming the 
alleged station causing interference is in compliance - but that's an 
evidentiary issue

It's a tricky, procedural area of the law, but I'll leave you with this 
thought -- in what part of the FCC rules are IBOC transmissions currently 
codified?  Take a look at the FCC's MB web page, specifically information on 
the "IBOC Digital Radio Page" for the answers.

Paul


====================================
Paul Christensen, CPBE, CBNT
LAW OFFICE OF PAUL B. CHRISTENSEN, P.A.
3749 Southern Hills,  Jacksonville, Florida 32225
Office: (904) 379-7802    Facsimile: (904) 212-0050
pchristensen at ieee.org