Federal Communications Commission
Washington, D.C. 20554
April 6, 2010
DA 10-599
In Reply Refer To:
 1800B3-KAD
Released April 6, 2010
Mr. Jonathan E. Hardis
356 Chestertown Street
Gaithersburg, MD 20878-5724
In re: Digital Audio Broadcasting Systems 
And Their Impact on the Terrestrial 
Radio Broadcast Service, MM Docket 
No. 99-325
Application for Review
Dear Mr. Hardis:
We have before us an Application for Review filed by Jonathan E. Hardis on March 17, 2010 (the 
“Application for Review”).  The Application for Review was filed in response to an Order (“Digital 
Audio Order”) adopted by the Media Bureau under delegated authority in the referenced proceeding.1  
The Digital Audio Order was released by the Bureau on January 29, 2010, but has not yet been published 
in the Federal Register.
Applications for Review are governed by Section 1.115(d) of the Commission’s Rules (“Rules”).  
Pursuant to this Rule, an application for review must be filed within 30 days of public notice of a final 
action.  Under Section 1.4(b)(1), “public notice” occurs on the date a rulemaking order is published in the 
Federal Register.
Because the Digital Audio Order has not yet been published in the Federal Register, the pleading 
cycle for the reconsideration or review of the Digital Audio Order has not yet been established. The 
Application for Review was therefore prematurely filed and will be dismissed without prejudice.  
Dismissal will permit interested parties to respond to initial filings in an efficient and coordinated manner 
while eliminating unnecessary burdens that could arise from the seriatim and piecemeal consideration of 
issues raised in pleadings submitted in response to the release of the Digital Audio Order.  In dismissing 
the Application for Review, however, we do not intend to prejudice Mr. Hardis’s right to re-file within 30 
days of the publication of the Digital Audio Order in the Federal Register.
  
1 Digital Audio Broadcasting Systems and Their Impact on the Terrestrial Radio Broadcast Service, Order, 25 FCC 
Rcd 1182 (2010).
2
Accordingly, the Application for Review, filed by Jonathan E. Hardis on March 17, 2010, IS 
HEREBY DISMISSED WITHOUT PREJUDICE.
Sincerely,
Peter H. Doyle
Chief, Audio Division
Media Bureau
cc: Steven Lerman, Esq., Lerman Senter, PLLC
Gregory A. Lewis, National Public Radio, Inc.
Albert Shuldiner, iBiquity Digital Corporation
Robert A. Mazer, Esq. Vinson & Elkins, LLP
Jane E. Mago, Esq., National Association of Broadcasters
Angela Campbell, Esq., Georgetown University Law Center
Marvin Ammori, Free Press
Parul Desai, Esq., Media Access Project