Court Turns Down Auction Stay Request

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.

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.

Comments (6)

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Ellen Samrock says:

March 17, 2016 at 7:51 pm

However the court did rule that Latina should provisionally be allowed into the auction. So win some, lose some.

    Wagner Pereira says:

    March 17, 2016 at 8:14 pm

    Immaterial. The court only let Lativa was only let back in PROVIONALLY because it was included in error originally. No other facility meets this criteria.

    Ellen Samrock says:

    March 17, 2016 at 8:52 pm

    It’s not immaterial. The court could have rejected Latina’s claim which is what the FCC wanted it to do. It’s a win for Latina.

    Wagner Pereira says:

    March 17, 2016 at 10:06 pm

    Immaterial as it does nothing for any other LPTV Station, including yours.

    Ellen Samrock says:

    March 17, 2016 at 10:14 pm

    This particular case never did. But it does show that the FCC’s rulings are not infallible. They can be successfully challenged in court. This will prove a useful precedent in future cases, including any that involve LPTV.

    Wagner Pereira says:

    March 18, 2016 at 2:24 am

    The ruling is Provisional. The FCC admits they were let in on an error that it corrected. They will not win the case. This means nothing.