DC Circuit Rejects OTARD Rules Challenge
A three-judge panel has rejected a California business's challenge related to the FCC's rules on over-the-air reception devices (OTARD). In a judgment Tuesday (docket 24-1108), the U.S. Court of Appeals for the D.C. Circuit denied Indian Peak Properties' petition for review. The judges said that while Indian Peak's briefing revolved substantially around the human presence requirement in the OTARD rules, it should have filed a petition for reconsideration challenging how the human-presence requirement was adopted before seeking judicial review.
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The judges also rejected Indian Peak's argument that the FCC erred in dismissing its application for review of various petitions it had filed with the commission. Indian Peak never exhausted its procedural arguments before the FCC, the panel added. Deciding were Chief Judge Sri Srinivasan and Judges Patricia Millett and Florence Pan. Oral argument was in February (see 2502110011).