NAB’s petition for review of the FCC incentive...
NAB’s petition for review of the FCC incentive auction order must be expedited to avoid placing “the entire broadcast industry at risk of committing to an expensive and legally flawed process that will be impossible to unwind fully,” said the…
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association in an emergency motion filed in the U.S. Court of Appeals for the D.C. Circuit Wednesday. “NAB does not believe that any court has ever vacated the results of a Commission auction after it has occurred.” That would leave broadcasters “forced to accept reductions in their coverage area and population served, with no practical remedy,” said NAB. Though low-power TV industry officials and others have told us other court challenges to the order are likely, NAB’s motion said the association isn’t aware of other likely challengers. It urged the court (CD Aug 18 p6) not to worry about future challengers in considering expediting the petition. The motion also revealed details of NAB’s objections to the order. Along with finding fault with the commission’s choice to use the updated TVStudy software to calculate interference, NAB also said the FCC violated the Administrative Procedure Act with the software. The FCC “did not make clear which version of TVStudy it intends to use in the incentive auction -- indeed, Commission staff continues to release updated versions of TVStudy -- thus precluding meaningful notice and comment by interested parties,” NAB said. It objected to the auction order only preserving populated coverage areas and not preserving broadcasters’ fill-in translator stations. Filed alongside the motion are declarations from Nexstar and Sinclair executives that the auction will reduce their stations’ coverage areas and cost them money. “If the auction occurs before this Court’s decision, and this Court sets aside the results because the Commission miscalculated coverage areas and populations served, the entire auction will have to be unwound,” said NAB. It requested a ruling on the motion by Sept. 5.