Kahn Complaint About Digital Radio Denied in CC Decision

Filed in March of 2007, it alleged that certain Clear Channel “antitrust violations” must be considered.
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In casting its decision about Clear Channel, the FCC also denied a complaint by Leonard Kahn.

Filed in March of 2007, it alleged that certain Clear Channel “antitrust violations” must be considered.

“Kahn claims that CCC is violating the Sherman Antitrust Act by ‘boycotting’ a digital radio transmission system he developed to compete with the Ibiquity system approved by the commission,” the FCC wrote. “Kahn claims that CCC’s ‘boycott’ has prevented broadcasters from utilizing his system ‘in the five biggest markets,’ and he asks that the commission consider this matter in connection with the Merger Applications.”

The commission said informal objections must contain adequate and specific factual allegations, but that Kahn had not “provided any information beyond bare allegations that CCC has in some unspecified way violated federal antitrust law by ‘boycotting’ his digital transmission system. No factual support for these allegations or details concerning this alleged ‘boycott’ are provided.”

“Kahn’s unsupported allegations provide no basis for denying or designating for evidentiary hearing the Merger Applications,” the commission stated. “Accordingly, his Informal Complaint is denied.”

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