Videohouse, one of the LPTV station owners challenging the FCC's incentive auction in court, and the FCC have told the U.S. Court of Appeals for the District of Columbia that they are in "serious settlement talks."
Oral argument in the court is scheduled for May 9, and Videohouse said it would let the court know if it still needed to argue or if the case was being settled.
The Videohouse letter to the court came the same day that court was hearing two other legal challenges to the auction, the FAB Telemedia and Mako challenges to the way the FCC was repacking—FAB's attorney calls it a reorganization—stations post-auction.
Videohouse argues it should have been included in the incentive auction and wanted the FCC to reinstate it on a provisional basis, as it did with Latina Broadcasters while its underlying challenge worked its way through court.
It is unclear whether the settlement would include provisional auction participation. FCC spokespeople were unavailable for comment.