NAB Drops Court Challenge of White Spaces

WASHINGTON: The National Association of Broadcasters is dropping its request that a federal court review the Federal Communications Commission’s white spaces order. The organization filed a motion to dismiss its petition for review with the U.S. Court of Appeals for the D.C. Circuit.

The NAB requested the review on the FCC’s 2008 Second Report and Order regarding the governance of white-space TV band devices. The FCC subsequently asked the court to hold the NAB’s petition until it could review those filed for reconsideration of the Second R&O. Objections were made based on certain technical parameters, including the height above average terrain limit for unlicensed devices; out-of-band emission limits; protection of wireless services on Ch. 52; establishment of a new category for fixed indoor unlicensed devices; and confidentiality if certain information in the white space databases.

A Third R&O issued April 5, 2012 addressed these concerns, the NAB said.

“NAB has reviewed the FCC’s Third Opinion and Order and determined that it is no longer necessary
for it to pursue this petition for review,” its motion reads.