A federal court says no to Free Access & Broadcast Telemedia’s attempt to hold up the start of the incentive auction until its case for LPTV participation is resolved.
Court Turns Down Auction Stay Request
The U.S. Court of Appeals on Wednesday denied a request by LPTV advocate group Free Access & Broadcast Telemedia (FAB) for an emergency stay of the March 29 start date for the FCC’s spectrum incentive auction. Earlier in the day, FAB filed a reply brief supporting its right to participate in the auction and urging a delay until the court reaches a decision.
FAB told the court: “The existential rights of low-power television stakeholders nationwide must not be cast aside by the FCC’s race to lower the auction gavel, in direct conflict with the ironclad rights of those seeking orderly judicial review.”
The court was not persuaded. It denied the motion to delay the auction, saying simply: “Petitioners have not satisfied the stringent requirements for a stay pending court review.”
Oral arguments in the ongoing appeal seeking to allow LPTV stations’ participation in the auction are scheduled for May 5.