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FCC Shouldn't Restrict Incubator-Comparable Markets, NAB Says

The FCC shouldn’t restrict broadcasters incubating new entrants from receiving ownership waivers in “comparable markets,” said an NAB letter posted Tuesday in docket 17-289 responding to a push by members of the Advisory Committee on Diversity and Digital Empowerment. ACDDE…

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members including former Commissioner Henry Rivera and National Association of Black Owned Broadcasters President James Winston have been arguing that the incubator order’s definition of comparable markets is too broad and would undermine the incubator program. The order was approved in August, and challenged in court Tuesday (see 1809040065). “Limiting the exercise of a reward waiver to markets within five market sizes of the incubation market is unduly restrictive and would inhibit participation,” NAB said. “The incubator program already sets a very high bar for incubating broadcasters to receive waivers.” The ACDDE members’ argument that broadcasters would exploit the program only to secure waivers in large markets is an “unproven, somewhat cynical assumption,” NAB said.