NAB Challenges FCC'S Auction Order

The group goes to court over the commission’s decision to change the methodology used to predict local television coverage areas and population served, saying it could result in significant loss of viewership of broadcast TV stations after the FCC "repacks" TV stations into a shrunken TV band.
By
TVNewsCheck,

NAB on Monday filed a petition for review with the U.S. Court of Appeals for the District of Columbia Circuit challenging certain elements of the FCC’s May 2014 broadcast spectrum incentive auction order.

The NAB challenged, among other things, the FCC decision to change the methodology used to predict local television coverage areas and population served, which could result in significant loss of viewership of broadcast TV stations after the FCC "repacks" TV stations into a shrunken TV band.

Story continues after the ad

"Under this new methodology, many broadcast licensees, including NAB's members, will lose coverage area and population served during the auction's repacking and reassignment process, or be forced to participated in the auction (and relinquish broadcast spectrum rights)," the NAB lawsuit stated.

The petition also states that the FCC failed to take steps to preserve licensees' coverage areas in repacking, and that the FCC erred in failing to ensure proper protections for broadcast translators, which are transmitters that help boost the coverage of broadcast TV programming to more rural and remove viewers.

Rick Kaplan, NAB EVP of strategic planning, said: "NAB has engaged with the FCC throughout the incentive auction rulemaking to implement a successful auction that adheres to congressional statute, is truly voluntary, and holds harmless the millions of viewers who are reliant on local TV. Unfortunately, the FCC order oversteps congressional mandate and is likely to cause significant harm to broadcast television.

“We are not looking to delay the auction. We merely hope that, if the FCC does not change course on its own, the Court will help put the auction back on the track Congress envisioned so that we can quickly achieve a balanced auction that benefits all stakeholders," Kaplan added.

Brand Connections

Kaplan also wrote a blog post explaining the petition and why NAB had no choice but to seek legal redress to protect broadcasters and our tens of millions of viewers.

In response to the NAB's action, Preston Padden, executive director of the Expanding Opportunities for Broadcasters Coalition, issued this statement: "Our coalition is pleased that the NAB acted promptly after the release of the Auction Report and Order so that any legal issues can be resolved well before the mid-2015 scheduled start of the auction."

Tags

Comments (2) -

Roger Thornhill Nickname posted over 2 years ago
As Rick Kaplan correctly said, the FCC is trying to "move the goal posts" to accommodate the auction by using a version of its TVStudy software that does not adhere to OET-69 as the methodology to be used in determining signal coverage in the repacking process. The Spectrum Act specifically cites OET-69 as a way of preventing this kind of behavior on the part of the Commission. The NAB will most likely win this case. Our concern, as LPTV broadcasters, is that the FCC will try something similar with our stations. Here again, the Spectrum Act specifically says that our rights as broadcasters does not change because of the auction. As broadcasters we have not spent millions of dollars and countless man-hours on our stations just to end up accommodating the wireless industry.
Chuck Nickname posted over 2 years ago
All the concern seems to be for the TV stations that will lose viewers after the repacking. Where is the concern for the viewers who will lose the signals of some local TV stations? We lost some programming when channels 52 to 69 were lost. This auction will do even more damage and should be abandoned altogether.
Marketshare Blog Playout Blog

Twitter

TVNewsCheck

Ratings

Overnights, adults 18-49 for September 22, 2016
  • 1.
    4.0/14
  • 2.
    1.7/6
  • 3.
    1.3/5
  • 4.
    0.9/3
  • 5.
    0.6/2
  • 6.
    0.3/1
Source: Nielsen

Reviews

  • Rob Owen

    Easily fall’s best broadcast network comedy pilot, NBC’s The Good Place offers a clever high-concept premise that’s complemented with intelligent, sometimes absurdist humor. Created by Michael Schur, co-creator of NBC’s Parks and Recreation, The Good Place is a highly serialized series that’s essentially set in heaven and stars Kristen Bell and Ted Danson. NBC made five episodes of The Good Place available for review, and the show not only holds up, but also it improves, deepening characters that initially feel one-note and frequently leaving viewers guessing with cliffhanger endings to many of the episodes. The combination of snappy dialogue and winning but flawed characters makes The Good Place a great bet for fans of smart TV comedy.

  • Maureen Ryan

    Pitch has swagger, for good reason. It gets the big things right; the Fox drama about the first female baseball player in the Major Leagues is one of the year’s most assured and exciting debuts. But part of what impresses about the pilot is also the way it confidently strings together so many small but telling details. Ginny (Kylie Bunbury) is the first woman to be called up from the minors to the big leagues, and no show since Friday Night Lights has done a better job of portraying the internal and external pressures that weigh heavily on young athletes asked to do much more than merely succeed on the field. Pitch will likely do a good job of getting viewers to root for it. The hope is that the show won’t be an impressive, short-lived curiosity, but rather a long-term phenomenon.

  • Kevin Fallon

    In a fall TV season that’s already making a splash for championing diverse, distinctive voices in an array of projects that they created, wrote, and starred in, Better Things on FX stands out. The show is created by, written by, and starsPamela Adlon. She plays Sam Fox, the single mother of three daughters modeled after her own reality-show-ready experience raising three girls in Los Angeles following a divorce. Sam is also, like Adlon, a working actress — on shows both raunchy, a la Californication, and animated for children, like her role on Recess. It’s a refreshingly blunt take on single motherhood without sacrificing the warmth of parental love, portraying the dance between selfishness and selflessness that’s at the heart of being a parent — especially one weathering the hormonal fireworks of a household of four women at different ages.

  • David Wiegand

    The fall TV season doesn’t count as much as it used to — we already know that. But no matter how many retreads the broadcast networks throw at viewers in the next few months, this fall will be memorable because of the premiere of Atlanta on Tuesday, Sept. 6, on FX. The half-hour comedy created by and starring Donald Glover (Community), simply and brilliantly recalibrates our expectations of what a TV comedy is and how black lives are portrayed on the medium.

  • Louisa Ada Seltzer

    The second reboot of the 1980s John Candy movie Uncle Buck, bumped by ABC from midseason, has the same tired jokes you'll find on any second-rate sitcom. Too bad, because Mike Epps is appealing and ABC would be wise to keep him around for future shows, but there’s just not enough to this show to suggest it will last past summer. It also airs against NBC’s America’s Got Talent, summer’s No. 1 program on broadcast, which may make it even harder to find an audience.

  • Neil Genzlinger

    Bryan Cranston brings his Tony Award-winning interpretation of President Lyndon B. Johnson to television in an adaptation of the Robert Schenkkan play All the Way, and it’s still quite a sight to behold, just as it was on Broadway in 2014. Nothing beats witnessing this kind of larger-than-life portrayal onstage, of course. But the television version, presented by HBO, offers plenty of rewards, allowing Cranston to work the close-ups and liberating him from the confines of a theater set. Cranston’s performance is a gem — in his hands, this accidental president comes across as an amazing bundle of contradictions, someone who seems at once too vulgar for the job and just right for it.

This advertisement will close automatically in  second(s). You will see this ad no more than once a day. Skip ad