NAB: Forced Spectrum March Would Be Illegal

The National Association of Broadcasters continued to press the Federal Communications Commission not to set a hard 39-month deadline for all stations to move to new channels after the post-incentive auction repack, saying it would be illegal to force them off due to circumstances beyond their control. That came as the FCC circulated an order denying various proposals to reconsider that framework, including one by the Big Four broadcast network affiliate associations (they took the lead on the issue at the FCC while NAB sued parts of the auction in federal court) challenging the deadline and saying it "cannot be squared with the Spectrum Act’s mandate to make all reasonable efforts to protect stations’ coverage areas and populations served."

In a meeting with top FCC officials, NAB executive VP and general counsel Rick Kaplan and other NAB executives also pressed their other main point, which is that treating the statutory $1.75 billion in moving expenses as a hard cap rather than a budget will have "a significant effect on broadcasters’ ability to relocate to their new channel assignments." According to an FCC filing outlining the meeting, NAB is arguing that the FCC should plan to clear no more spectrum than it can clear while fully compensating broadcasters for the move.