The U.S. Court of Appeals for the D.C....
The U.S. Court of Appeals for the D.C. Circuit granted NAB’s emergency motion asking that its challenge of the commission’s incentive auction order (CD Aug 19 p1) be expedited, a Friday court order said. The FCC supported the NAB motion,…
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saying it was in the public’s interest to resolve the NAB’s petition for review “as promptly as possible” (CD Aug 29 p1). Per the FCC’s request, the court order allows the timing of the case to change if additional challenges to the auction order are filed. The current briefing schedule for the case would be completed in December, after which a date for oral argument would be scheduled, the order said. The D.C. Circuit’s timeline “closely tracks” with the NAB request, said NAB Executive Vice President-Strategic Planning Rick Kaplan. “The great thing is that all of our goals align here; everyone, especially NAB, wants to see these issues resolved expeditiously.” The schedule for the court proceeding makes it “crystal clear” that the legal issues can be resolved “well before the mid-2015 start of the auction,” emailed Expanding Opportunities for Broadcasters Coalition Executive Director Preston Padden. The FCC declined to comment.