FAB Files Initial Brief in Court Challenge of Auction Rules
The FCC’s contention that low-power TV isn't protected by the Spectrum Act is false, said Free Access Broadcast and Telemedia in a brief filed Tuesday in the U.S. Court of Appeals for the D.C. Circuit. “The FCC’s policy contradicts the…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Spectrum Act’s explicit, unambiguous language ensuring LPTV licensees’ spectrum usage rights, statutory terms whose meaning is reinforced by the Act’s structure and legislative history,” it said. The commission also disregarded the regulatory flexibility act by not assessing the auction’s impact on LPTV, FAB said. The agency didn't quantify the adverse economic impact on LPTV owners and hasn't described the steps it has taken to minimize those harms, FAB said. The auction also violates administrative procedure rules, FAB said. "The FCC exceeded its administrative discretion by proposing to wipe out LPTV service in many major markets in order to achieve policy goals rooted not in Congress’s enabling legislation but, rather, in the agency’s own National Broadband Plan proposals,” FAB said.