Appeals Court Denies Broadcaster Auction Challenge

Says arguments do not have merits June 12, 2015

WASHINGTON - The U.S. Court of Appeals for the D.C. Circuit has denied a broadcaster challenge to the FCC's incentive auction framework.

In August 2014, the National Association of Broadcasterschallenged the FCC's broadcast incentive auction, saying that its framework "violates the Spectrum Act; (2) is arbitrary, capricious, and an abuse of discretion under the Administrative Procedure Act." Sinclair also sued over the auction. The court rejected both challenges.

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"Petitioners press a series of arguments challenging the Commission’s implementation of the Spectrum Act’s mandate to expend 'all reasonable efforts' to preserve 'the coverage area and population served' of broadcasters reassigned to new channels in the repacking process. We reject petitioners’ arguments," said the court.

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