Consumer Electronics Association, Others Advise Court To Reject Broadcaster Auction Challenge

The Consumer Electronics Association, CTIA: The Wireless Association, Competitive Carriers Association, and the Expanding Opportunities for Broadcasters Coalition have weighed in with a federal district court on the National Association of Broadcasters and Sinclair challenges to the Federal Communication Commission's incentive auction framework.

In an FCC filing Dec. 23, the associations, which back the FCC in the suit, told the court that broadcasters' criticisms of the FCC's methodology for calculating interference are unpersuasive and irrelevant and that holding an effective incentive auction would be "impossible" using the "antiquated software the broadcasters want." CEA et al. told the court that Sinclair lacks standing to challenge the repacking deadline, and in any event such challenge is meritless. "The FCC’s repacking deadline exceeds the deadlines several broadcasters (including NAB) proposed, reasonably accounts for the challenges the repacking process entails, and accommodates 'delays or unexpected challenges' by providing for temporary facilities and extensions in appropriate cases," the groups argue.