FAB Files in 2nd Incentive Auction Challenge
Free Access & Broadcast Telemedia filed the opening brief in its second court challenge of the FCC incentive auction rules, according to documents filed in the U.S. Court of Appeals for the D.C Circuit. FAB’s previous challenge of the auction…
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rules was dismissed for a lack of standing (see 1608010060), because the company owned no low-power TV stations. For this challenge, FAB has co-filers that hold LPTV licenses and participated in the debate over the auction order: Signal Above, Grace Worship Center and Excellence in Christian Broadcasting. FAB’s previous case challenged the incentive auction as an unconstitutional taking of LPTV property. Its latest case argues the auction is an illegal punishment of broadcasters, and allowing wireless carriers to evict LPTV stations from their spectrum is “an unconstitutional delegation of Congressional authority to a private entity,” FAB said in a news release.