Broadcasters fume as FCC moves forward on white spaces

FCC prejudice taints yet another rulemaking process: Read the story at http://www.arrl.org/news/features/2008/07/01/10135/?nc=1 for background on how FCC malfeasance in rulemaking matters--in this case, ignoring findings of fact in the impact on wireless communications of broadband over power lines--can be fought and beaten. A highlight:

"The Court of Appeals found that the FCC violated the Administrative Procedure Act by not disclosing in full the staff studies on which the Commission relied. Writing for the three-judge panel that heard American Radio Relay League, Incorporated v. FCC and USA, the ARRL's petition for review of the FCC's Orders in ET Docket No. 04-37, Circuit Judge Judith W. Rogers said: "It would appear to be a fairly obvious proposition that studies upon which an agency relies in promulgating a rule must be made available during the rulemaking in order to afford interested persons meaningful notice and an opportunity for comment...there is no APA precedent allowing an agency to 'cherry-pick' a study on which it has chosen to rely in part..."

Stick to your guns, broadcasters: There *is* precedent on catching FCC cherry-picking facts and successfully challenging them on it in court.; Posted by: dpnewkirk Posted on: 10/17/08 You are currently: a Guest | Members login | Terms of Use