The LPTV operator responds to the FCC’s filing to exclude it from the incentive auction, saying that the option Latina suggests, allowing it to participate in the auction on a provisional basis pending a final decision, is preferable to delaying the start of the auction, now scheduled for March 29
Latina Reiterates Its Case Against FCC
Nora Crosby Soto’s Latina Broadcasting of Daytona Beach, the owner of Azteca America affiliate WDYB-CD Daytona Beach, Fla. (DMA 19), today filed a reply brief with the U.S. Court of Appeals for the D.C. circuit continuing her fight against the FCC to be allowed to participate in the commission’s upcoming spectrum incentive auction.
Latina says the FCC ruled on Feb. 12 that WDYB was ineligible to participate in the auction that is scheduled to start on March 29, after being told by the FCC multiple times that WDYB was eligible.
According to Latina, “with the FCC’s decision coming just 31 business days prior to the auction’s start, the government effectively boxed Latina into a corner, leaving Latina insufficient time to pursue meaningful relief from the courts without asking for a delay of the auction.”
Given the timing of the FCC’s decision so close to the auction’s start, Latina asked the FCC to stay its Feb. 12 order (meaning that WDYB would be eligible to participate in the auction, provisionally, until the court has time to fully consider the merits of her case), but the FCC quickly denied the request.
As a result, Latina filed an Emergency Motion for Stay Pending Appeal on Feb. 26 asking the court for the same relief. Alternatively, it would have to delay the whole auction, or potentially, if the auction commences on March 29 and Latina wins its case at a later date, restart the auction. Latina said it believes that allowing WDYB to participate provisionally is the better course, as it would result in no harm to other parties or a delay or restart of the scheduled auction.
The FCC filed its opposition to that emergency motion last Friday and this morning Latina filed its reply brief. In it, Latina argues that “The FCC does not offer a valid basis to deny either of Latina’s options to preserve the status quo. The FCC’s unsubstantiated claim that “[a]llowing Latina to participate on a provisional basis would … delay the incentive auction,” is nonsensical. Staying the order would allow the auction to proceed on March 29, but with WDYB provisionally eligible pending review on the merits. This is the remedy the FCC proposed for similarly-situated stations that once were eligible and are actively challenging their changed status.”
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Comments (2)
Ellen Samrock says:
March 7, 2016 at 11:22 am
Videohouse, Inc. which owns a Class A station has also filed a motion for stay. Reading the brief one can really get a sense of how the FCC “games” the rules in order to achieve their objectives.
Ellen Samrock says:
March 7, 2016 at 5:08 pm
Yikes! Possible bad news for the FCC. The Court of Appeals has set the date for oral arguments in the Videohouse and Latina cases for May 9th, over 40 days after the auction is scheduled to start. And, of course, both broadcasters have filed motions to stay. Just one more auction-induced headache for Tom Wheeler to deal with.