Indian Peak: Overturn FCC's OTARD Decision
Indian Peak Properties believes the FCC erred when it denied its petitions for declaratory ruling in an order on the agency’s over-the-air reception device (OTARD) rules, the company said in a brief this week filed at the U.S. Court of…
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Appeals for the D.C. Circuit (see 2405060035). The FCC told the court its rules require a regular human presence at an antenna's location, and the agency had plenty of evidence that Indian Peak failed to argue its antenna fell within the rule's scope (see 2410210001). In a reply brief, the company said, “This case could have turned out differently had the Commission given notice of its secret procedure and new ‘human presence’ standard.” The FCC claims it “reasonably dismissed Indian’s petitions without starting a proceeding,” Indian Peak said: “Even if the Commission’s actions were reasonable as claimed by the FCC Brief … the agency’s failure to give fair notice of its interpretation of the Rule prejudiced Indian and warrants reversal of the Order.” The D.C. Circuit has not scheduled oral argument in the case (docket 24-1108).