[BC] Dealing with IBOC hash problems

[Mike McCarthy]

I know of a station which is being hammered by FM IBOC IX. The previous 
owner called the FCC to check them out and I can say this much is 
certain.  This previous owner would have filed any lawsuit possible in any 
competent venue to seek elimination of the IX if they thought they could 
force the offending station's emissions off the air.  The FCC ruled that 
anything IX'd outside the station's protected contour is NOT protected by 
FCC rule.  It's bonus coverage. In this case, the lost area is outside the 
protected contour and the rim-shot first adjacent lost about 250K listeners 
in a heartbeat. So filing suit would have been in order IF they felt they 
could win the case.   Some very smart lawyers were involved in the decision 
too.

The two stations are properly spaced by contour protection....so no 
technical short space exists.

As for if the IX would be within their protected contour, then it's up to 
the station to seek FCC injunctive relief first, then go to the courts with 
a VERY well armed group of seasoned counsel in both communications law and 
engineering.

MM

At 12:56 PM 7/12/2006 -0400, Paul Christensen wrote
>>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
>
>
>
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