ACA Connects Asks to Amend Lump Sum Stay Request

Gives FCC more time before its plan to seek court stay

ACA Connects has asked the FCC to give it a decision by Aug. 26 

on its request that the FCC stay its deadline for electing the lump-sum payment for moving to new C-band spectrum. 

The FCC is paying cable operators and other earth station operators to move off the lower portion of the band so it can auction it for 5G. 

ACA Connects has issues with what the FCC is and isn’t paying for, and asked it to stay the Aug. 31 deadline. It wanted a decision by Aug. 20. It also wants the FCC to review the decision to approve the cost catalog for the move, a catalog it says is lacking. 

ACAC plans to ask a federal appeals court to step in if the FCC decision is not to its liking. 


Related: Programmers Ask FCC to Deny ACAC Stay of Lump Sum Payments Decision 

But now that the FCC has extended the deadline by two weeks to Sept. 14, ACAC is asking for the decision by the 26th. 

“In view of the Bureau’s extension of the deadline to Sept. 14, and in the interest of conserving the resources of the Commission and the court of appeals, ACA Connects hereby amends its Stay Request and respectfully asks the Commission to resolve that request by August 26, 2020,” it told the FCC in a request to amend its original stay request. “Absent a decision by Aug. 26, ACA Connects will seek a stay of the Sept. 14 deadline from the United States Court of Appeals for the D.C. Circuit.” 

In the FCC stay petition. ACAC said that the cost catalog decision “is inconsistent with the Commission’s C-Band Order, rests on arbitrary and capricious reasoning, and was developed in violation of the Administrative Procedure Act’s public-notice and disclosure requirements.” 

In a move last month that ACAC had signaled could land the FCC in court, the Wireless Telecommunications Bureau released the final cost catalog for C-band relocation expenses and lump sum elections and it did not include compensating cable operators for integrated receiver/decoders (IRDS), as ACA Connects and other cable operators had pushed for.