ACA, Saying It Might Sue, Asks FCC to Change Lump Sum C-Band Decision
ACA Connects, saying it might sue, asked the FCC to change staff's lump sum C-band payment determination. The commission’s C-band order requires the payout to include the estimated expense of “necessary changes that will allow the earth stations to receive…
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C-Band services on new frequencies or from new satellites” after relocation, ACA noted. The Wireless Bureau determination "violated that directive by excluding the cost of integrated receivers/decoders" that earth stations "undisputedly" require to continue getting such service, said an application for review of staff's July 30 public notice (see 2007300053). "The Bureau’s lump-sum determination was also arbitrary and capricious and involved prejudicial procedural error," said the AFR posted in docket 18-122 Friday. ACA wants the agency to stay the Aug. 31 lump-sum election deadline. That would "give earth station owners adequate time to demonstrate -- in court, if necessary -- that the" bureau finding was inconsistent with the order, "was developed in violation of the Administrative Procedure Act’s public-notice and disclosure requirements," and had other shortcomings, said an ACA release Friday. Commission spokespeople didn't comment.