NAB Ready To Go To Court Over Repacking

The National Association of Broadcasters obliquely threatened to take the Federal Communications Commission to court if it insists on using its "different and novel methodology" for calculating the over-the-air coverage of TV stations when it repacks the TV band in conjunction with the planned incentive auction.

In comments filed with the FCC, the NAB said that the FCC should stick to the traditional OET-69 methodology. Using its novel approach "contradicts the plain language of the Spectrum Act," which authorizes the FCC to conduct the incentive auction and requires the agency to make "all reasonable efforts" to preserve stations' current coverage in the repack.

Nothing in the incentive auction rulemaking, and no construction of the FCC's delegated authority, authorizes the commission to rewrite the OET-69 interference analysis methodology, the NAB said. In addition, it said, the FCC's procedures for releasing and publicizing new versions of its methodology violate the Administrative Procedure Act and deny the public adequate notice to provide meaningful comment.