FAB Telemedia to Court: FCC Exclusive Spectrum Explanation Is Barred

From Broadcasting & Cable

The FCC offered up a definition of exclusive access to spectrum in oral argument that it had not used in the relevant orders or briefs to the court, and thus should be barred from relying on it to make its legal case.

That was the message from the attorney for Free Access and Broadcast (FAB) Telemedia to the U.S. Court of Appeals, which heard that oral argument last month.

FAB is challenging how the FCC is implementing the decision not to protect low-power TV (LPTV) stations from being displaced in the post-broadcast incentive auction repack of TV stations.

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