Not putting a cap on the amount of...

Not putting a cap on the amount of population served that a broadcaster can lose as a result of the incentive auction repacking “would be a plain violation of the Spectrum Act,” said NAB in a meeting with FCC Commissioner Mignon Clyburn Oct. 7, according to an ex parte filing posted online Friday in docket 12-268 (http://bit.ly/1yWXSgi). FCC predictions that TV stations after the auction will receive no more than 2 percent interference are “underestimates” NAB said. “For some reason, the staff elected not to take into account that more than half of all stations will move, and thus arrived at a smaller per station percentage,” said NAB. If the commission stands by that figure, it should institute a 2 percent cap, NAB said, though NAB has previously asked for a 1 percent cap, the ex parte filing said. The FCC should “foster confidence” among broadcasters by “providing them the certainty they need through capping the amount of new losses in population served they can receive,” NAB said.