Sinclair Challenges Incentive Auction in Court

Says it is Illegal and an Abuse of Discretion

Sinclair Broadcasting has challenged the FCC's broadcast incentive auction order in the U.S. Court of Appeals for the District of Columbia, essentially reading it the riot act.

Sinclair said that as a broadcaster it was “aggrieved and otherwise injured" by the decision.

Sinclair did not lay out an elaborate case for what it thought was wrong, or make any suggestions for how it could be fixed, as did the National Association of Broadcasters and noncommercial outlets in their respective petitions challenging portions of the order. Noncoms petitioned the FCC for the change, while NAB, like Sinclair, sought review by the D.C. court.

Sinclair took aim at it all.

Sinclair seeks review of the order on the grounds that it "was adopted in excess of the Commission's authority; violates the Middle Class Tax Relief and Job Creation Act of arbitrary, capricious, and an abuse of discretion under the Administrative Procedure Act and violates Section 5(c) of the Communications Act of 1934, as amended, 47 U.S.C. § 155(c); and is otherwise contrary to law."

Read more at B&C here.