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 free 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 "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.
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