FCC Didn't Abuse Discretion in Excluding Class A's, FCC Pleading Says
The Class A challenge of the incentive auction “boils down” to a question of whether the FCC abused its discretion by excluding Fifth Street, Videohouse and WMTM from the incentive auction, the commission said in a respondent's brief filed in…
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the case. “The answer is no,” the FCC said. The commission had good reason to reject the Class A's, the brief said. “Petitioners neither requested Class A status, nor demonstrated that they were providing Class A service, until after passage of the Spectrum Act created the potential for Class A status to yield substantial financial rewards through auction participation,” the brief said. “Given petitioners’ lack of diligence in seeking Class A designation, the FCC was fully justified in concluding that the equities did not weigh in favor of granting discretionary protection,” the brief said.