The National Association of Broadcasters is calling foul. It says it is highly irregular, if not illegal, for the FCC to issue a complex engineering report and indicate it may be ready to take action based on those findings without allowing interested parties to weigh in. That is especially true in the case of Chairman Kevin Martin’s endorsement of opening up white spaces to unlicensed devices, since there is much to question in the FCC policy makers’ interpretation of the engineers’ findings.
"Simply put, until two days ago, it has been the Commission’s practice to adopt rules based on complex data only after allowing the public an opportunity to comment on that data," the broadcasters stated. "Failure to provide adequate opportunity for public comment on information so central to the outcome of this proceeding raises serious questions about compliance with the Administrative Procedures Act."
NAB was joined in the request for a comment period by the Association for Maximum Service Television (MSTV), ABC, CBS, NBC, FOX and the Open Mobile Video Coalition (OMVC).