Today I received a very informative e-mail from Ernie Sanchez, a DC Communications attorney, who was General Counsel of NPR from 1974 to 1981. Ernie had heard about my complaint to the FCC and offered these thoughts:
I appreciate that you are trying to stimulate some debate on the broader public interest issues associated with this apparent debacle. I think your filing could stimulate such a discussion, although I don't see any of the main players taking any responsibility for what has happened--or not happened.
• The FCC did not license Ibiquity but they have blessed the technology as being appropriate for the purpose for which it was intended. Use of the technology is of course optional for the stations that choose to utilize it.
[KEN’S NOTE: I highlighted blessed because that term describes the apparent “nod and wink” agreement between iBiquity and the FCC.]
• Here is how I see the parties defending themselves:
The FCC will say they approved the technology for optional use but did not force anyone to use it. I'm sure they will say they cannot be faulted for their role in approving a technology that the marketplace has been unwilling to adopt. I'm sure they would say that if someone else has a better technology, they should bring it to the FCC's attention and get it approved for similar potential use.
[KEN’S NOTE: I highlighted the phrase a technology that the marketplace has been unwilling to adopt because it is the core of my argument to review HD Radio for top to bottom.]
Ibiquity will blame the stations and the hardware makers. They will probably fault the FCC for not making the implementation of the technology mandatory.
The stations will blame Ibquity, the FCC, and the public – everyone but themselves and their programming.
I look forward to hearing what happens to your comments and what discussion is stimulated. You should offer to do a panel at the NAB.
THE SANCHEZ LAW FIRM P.C., 1155 F STREET N.W., SUITE 1050, WASHINGTON, D.C. 20004; PHONE: 202-237-2814; FAX: 202-540-9311; E-MAIL ADDRESS: Ernestsanchez2348@gmail.com