The National Association of Broadcasters filed a petition for review with the US Court of Appeals for the District of Columbia challenging elements of the Federal Communications Commission's proposed broadcast spectrum incentive auction. The lobby group is questioning the FCC's methodology used to predict local television coverage areas and population served. According to the NAB, this could result in a significant loss of viewership at some TV stations after the FCC "repacks" them into a shrunken TV band. The suit accuses the FCC of failure to take steps to preserve licensees' coverage areas in repacking. Furthermore, the FCC erred in failing to ensure proper protections for broadcast translators, the transmitters that help boost coverage for rural viewers.
The NAB said the FCC auction, which will see broadcasters compensated for voluntarily surrendering spectrum to mobile operators, "oversteps [the FCC's] congressional mandate and is likely to cause significant harm to broadcast television". The group said it was not looking to delay the auction, which is scheduled for mid-2015.
The CTIA, the main lobby group for the mobile industry, said it would have preferred "to work together collaboratively to address NAB’s concerns rather than resort to litigation". It called for the court to address the case quickly and for the NAB to adhere to its commitment for an expedited process without unnecessary delays.
