DC Circuit Rejects Walker Appeal
The FCC properly rejected Walker Broadcasting's petition to enter the incentive auction, said the U.S. Court of Appeals for the D.C. Circuit in an opinion. The FCC issued a construction permit to Walker in 2009, but the broadcaster took no…
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action on the permit until the incentive auction was announced in 2014 (see 1607220028). In May 2015, it submitted an interference study related to the permit five years late and petitioned to enter the auction. After the FCC denied both requests, Walker appealed the decision to the D.C. Circuit. The court said Walker had forfeited its permit and its right to participate in the auction. “The Commission reasonably found that granting the application six years after the deadline would be 'inappropriate and inconsistent with the Commission’s goals of prompt initiation of service and spectrum efficiency,'” Monday's opinion said.