C-Band Earth Stations Make Pitch to
Handfuls of broadcasters and cable operators whose C-band earth stations antennas aren't on the FCC's incumbents list are petitioning the agency to rethink . We're told the commission has indicated it might provide some relief. The FCC didn't comment. Unclear is whether the recon petitions, if denied, will be followed with a court challenge.
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But an outside counsel active in the C-band proceeding told us litigation seems unlikely given the challenge of it and the costs that woudl be involved.
Cabler MCTV in its recon petition Thursday in docket 20-205 said not letting the addition of unregistered antennas to the incumbents list is the fault of the FCC International Bureau not making clear an update of those registrations was needed instead of burying that information in a footnote of the 147-page C-band clearing order. It said if changing C-band satellite operators' licenses isn't an unconstitutional taking because the operators are being made whole for transition costs, not compensating the earth station operators for excluded antennas is a taking. MCTV also asked for a stay or waiver of the Sept. 14 lump sum election deadline pending consideration of its recon petition.
Multiple petitioners also argued that the FCC, when urging registration, had billed it as for interference protection purposes, and only brought reimbursement long after the registration window had closed. FCC rules never before have required that registrations be updated when antennas are added to maintain the interference protection for the registered site, said KDNL Licensee.