Nexstar, Mission Challenge Proposed $150,000 Retrans Fine

The proposed $150,000 fine for Mission Broadcasting's alleged retransmission consent negotiation violations (see 2401120069) is unreasonably large, and the violation finding is wrong, Mission said Tuesday. In a docket 22-443 response to the FCC Media Bureau's notice of apparent liability, Mission said the NAL focuses on Nexstar-proposed language for inclusion in an agreement to settle litigation with Comcast, not for a retrans consent agreement. It said the proposed forfeiture is in excess of the bureau's delegated authority and should be $7,500 at most. In addition, Nexstar said the NAL "is procedurally improper, prejudicial, and unsupported by the facts or the law." It added that the NAL claims it doesn't address allegations against Nexstar, but Comcast's allegations concerned Nexstar's conduct as Mission's negotiating representative for WPIX New York. Nexstar said the bureau "impermissibly prejudges" allegations against it that supposedly remain under investigation. Treating the settlement proposal that was quickly rejected as a continuing violation over a period of days is unreasonable and not factually supported, Nexstar said.