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DOZEN STATIONS OPERATING HD RADIO, IBIQUITY SAYS

About dozen stations nationally were operating digital in- band, on-channel (IBOC) HD Radio as of mid-Feb. So said licensor iBiquity Digital in comments filed with FCC opposing petition by Amherst Alliance and others to reconsider Commission’s Oct. 2002 report and order approving HD Radio as IBOC digital AM and FM system (CED Oct 11 p1).

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Recounting Jan. announcements at Las Vegas CES, iBiquity said about 130 AM and FM stations owned by 46 groups and operating in 26 states had licensed HD Radio technology and planned to begin transmissions early this year. Remaining stations in 130-station pool are expected to begin HD Radio operations “in the next few months as equipment is delivered and station conversions are completed,” iBiquity told FCC. “This strong introduction of HD Radio technology among broadcasters is accompanied by a corresponding receiver rollout” in which many CE companies are participating, iBiquity said. It said 9 companies demonstrated HD Radio prototypes at CES.

Given FCC’s “compelling conclusions” endorsing IBOC last Oct., coupled with fact that Commission’s docket (99-325) on terrestrial digital radio was filled with at least 364 filings, iBiquity said there was “a large burden on any party seeking to change the Commission’s findings.” Opponents’ recent filings “have not met this burden and have not provided adequate justification for overturning” FCC’s Oct. decision, it said. As such, it said, critics’ comments “should not be used to stop or delay the commercial introduction of the HD Radio system.” In particular, iBiquity said, filings by Amherst Alliance suggest it “will use any possible procedural argument in an attempt to delay the introduction of IBOC services.”

For example, iBiquity said Amherst Alliance’s request that FCC prepare environmental impact statement (EIS) as precondition for approving IBOC should be rejected because no evidence had been presented that HD Radio “may result in a significant environmental impact as defined by the FCC’s rules.” Moreover, it said Commission’s report and order “adequately addressed” EIS request because it found that introduction of IBOC: (1) Wouldn’t require construction of new towers. (2) Would generate only “very small amount” of additional RF radiation that could be addressed later through existing FCC rules.

IBiquity gave more praise to petition for reconsideration filed by consulting firm Glen Clark & Assoc. (GCA) that had suggested Commission take interim step of authorizing subset of AM stations for IBOC nighttime operation. Commission last Oct. endorsed AM IBOC for daytime only on National Radio Systems Committee (NRSC) recommendation that there were insufficient data on potential interference of AM IBOC on nighttime analog service. IBiquity said it expected soon to complete report on results of field tests to measure impact of AM IBOC on nighttime “skywave” reception. Tests were done in Dec. at WOR in N.Y.C. and WLW in Cincinnati. Until report is available, it said, further Commission action on nighttime AM IBOC, including adoption of GCA recommendations, would be premature. IBiquity said it expected to submit nighttime AM IBOC report to NRSC by early March. But iBiquity spokesman told Consumer Electronics Daily report had been delayed for several weeks for completion of subjective listening tests.

NAB, in separate comments, agreed that adopting “piecemeal” approach recommended by GCA would be premature and urged that FCC “should await additional data,” including nighttime AM IBOC report being prepared by iBiquity. However, it praised GCA as “putting forth a possible solution” for fulltime AM IBOC operations. NAB wasn’t as kind to Amherst Alliance and other critics, which it blasted in separate filing as having raised “frivolous charges and makeweight issues, seemingly designed to delay and obstruct the long-awaited rollout of digital radio for America’s listening public and its radio broadcasters.”

IBiquity and NAB filings themselves drew sharp reply from John Anderson, of Madison, Wis., who said he was party to Amherst Alliance petition for reconsideration and repeated group’s charge that Commission had acted too hastily last fall in adopting IBOC without all of facts. Anderson said he found it “laughable” that iBiquity cited 1% station adoption rate as amounting to “strong introduction among broadcasters.” He said that in light of fact that iBiquity was backed by big investors from broadcast industry, “one would have to say that, in general, the radio industry is not happy with its investment. Strong resistance to the adoption of IBOC by forces within the industry that created it should be enough to give the FCC pause on this issue.”

Citing recent filings, including reply comments Feb. 11 by Ohio broadcast engineer Frederick Vobbe, Anderson said “that IBOC digital radio signals cause interference to adjacent-channel AM stations and beyond is no longer a theoretical concern, but a practical reality.” He said iBiquity had been aware of AM IBOC interference problems since at least March 2002, including finding by major iBiquity investor Clear Channel that AM IBOC couldn’t conform to FCC’s own frequency allocation and interference protection standards. As such, Anderson said, FCC should not have even considered authorizing IBOC until it had tested and evaluated alternative competing digital radio technologies or had completed “all relevant outstanding petitions and rulemakings” on IBOC issue.