Trade Law Daily is a service of Warren Communications News.

NAB and Nexstar Defend Repacking Challenge

The repacking plan should be made more flexible so broadcasters can adjust their repacking timeline to their individual circumstances, NAB and Nexstar said in FCC replies to opposition filings against NAB’s petition for reconsideration of the post-incentive auction transition plan.…

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

“To ensure a successful and efficient repacking process that serves the interests of broadcasters and the public interest,” the FCC “must afford broadcasters greater flexibility,” Nexstar said in docket 12-268. NAB rejected arguments that its petition was procedurally flawed and late, with the 39-month repacking deadline determined in 2014. Such arguments are “misguided” NAB said, since the FCC’s transition plan is the focus of the recon petition. “There is nothing remotely improper about linking reconsideration of the scheduling plan to the pending petition for reconsideration of the 39-month deadline,” NAB said: The FCC should allow the Media Bureau to adjust the prepacking schedule to reflect broadcaster circumstances. The agency “must build into its repacking plan additional flexibility to allow stations to continue to operate on their pre-auction channels if those stations, despite diligent efforts, are unable to complete their transition by their assigned deadline,” NAB said. The FCC also should “clarify international coordination requirements,” the group said. “The Public Notice is ambiguous regarding the need for stations in border regions to coordinate their channel assignments with Canada or Mexico.” Broadcasters are “not only hard pressed to complete all the basic tasks necessary to meet the filing deadline, but also have insufficient time to study less costly alternatives for implementing their required channel changes,” said Nexstar.