ACA Ask for C-Band Lump Sum Stay Denied; Cost Catalog Appeal Sees Pushback
The Wireless Bureau denied ACA Connects' request for a stay on the C-band lump sum election deadline (see 2008140033). By saying the stay would give the FCC more time to revise the lump sum payments amount, ACA is assuming, without…
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proof, the agency or court will side with it on the amount issue, said Monday’s order. It rejected ACA arguments that integrated receivers/decoders should have been included. The cable association didn't immediately comment. ACA also saw wireless and satellite interests opposed to its ask that the FCC review its C-band final cost catalog (see 2008170003), in docket 18-122 postings Monday. ACA's disagreement "does not warrant a reversal of the lump sum determination," and changing the lump sum amounts now could delay the accelerated transition, Intelsat said. SES said the cost catalog reflects the Wireless Bureau "reasonably exercis[ing] its discretion," and the underlying methodology and assumptions were fully explained. AT&T said ACA's argument isn't about fair treatment but about trying to get C-band licensees to cover big costs of a technology transition for earth station operators, even though that doesn't promote the FCC goal of a fast, seamless move. Verizon agreed ACA is trying to turn the spectrum proceeding "into a fiber subsidy plan for its members, or at least maximize their opportunity to profit from the relocation." CTIA also commented. Discovery, Disney, Fox and ViacomCBS said the bureau sensibly excluded costs of integrated receiver/decoder equipment from lump sum payments by concluding that's an expense for transitioning satellite operators, but installing them is a cost for moving earth stations. CenturyLink backed ACA, saying staff "clearly erred" by excluding integrated receiver/decoder costs.