The Consumer Electronics Association is taking the FCC's side in Sinclair's challenge to the broadcast incentive auction, saying Sinclair's court challenge could delay the auction and freeing up spectrum for all those wireleess devices its members make.
No big surprise since CEA members are eager to get their hands on spectrum and the challenge could potentially delay the auction if it goes broadcasters way.
Sinclair sued the FCC in federal court, saying the incentive auction "was adopted in excess of the Commission's authority; violates the Middle Class Tax Relief and Job Creation Act of 2012....is arbitrary, capricious, and an abuse of discretion under the Administrative Procedure Act and violates the Communications Act."
CEA sees it differently. "Petitioner’s theory, if accepted, may well prevent the FCC from making new wireless spectrum available for mobile broadband and other mobile uses," CEA said in its filing.
"The FCC is simply doing what the law requires to make available more spectrum for wireless broadband," the association said "Challenges to the Incentive Auction Order by broadcasters who have eight year broadcast licenses harm the FCC’s ability to ensure our wireless networks and innovations are keeping pace with our growing innovation environment. We remain optimistic that the D.C. Circuit Court of Appeals will resolve this matter in the FCC’s favor quickly and decisively.”