The company argues that the FCC’s current stance starkly contradicts its own rules and previous authorities, violates the Communications Act and the Administrative Procedure Act, and infringes on Nexstar’s constitutional rights on several fronts.
Nexstar Calls FCC’s Floated $1.2M Fine Over WPIX ‘Unlawful’: Nexstar’s Plea for Regulatory Consistency
Nexstar accuses the FCC of attempting to amend its regulations and reinterpret existing rules without adequate notice or a reasoned explanation, behaviors it claims are unsupported by precedent. The broadcaster insists that if the FCC wishes to revise its policies, it should engage in notice-and-comment rulemaking rather than pursuing what Nexstar views as an inequitable enforcement action that penalizes the company for adhering to established regulations and legal norms.
Potential Outcomes and Nexstar’s Stance
The FCC’s notice from March 20 stated that Nexstar and Mission appeared to have “willfully and repeatedly violated several of the commission’s rules” through transactions that led to Mission’s acquisition of WPIX and ultimately placed Nexstar in control of operations. The FCC’s proposed solutions include either selling WPIX or requiring Nexstar to divest sufficient assets to comply with the 39% national audience cap.
