FCC Violated Spectrum Act, FAB Says
The FCC failed to comply with the Spectrum Act in creating the incentive auction, Free Access Broadcast & Telemedia said in a statement of issues filed Monday with the U.S. Court of Appeals for the D.C. Circuit. The document is…
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part of FAB’s second challenge of aspects of the incentive auction. Though both cases challenge similar aspects of the auction rules, they are filed in dispute of different FCC orders on the auction rules (see 1603280052). Along with the Spectrum Act’s command that the agency not alter the spectrum rights of low-power TV, the FCC also violated the regulatory Flexibility Act and the Constitution's Fifth Amendment, the filing said. “The FCC's interpretation of the Spectrum Act and challenged orders affecting LPTV raise serious takings and due process Fifth Amendment issues.” Oral argument in FAB’s other case, the one in which its request for an injunction against the auction was rejected, will be heard May 5.