FCC Rejects Class A's Appeal, Disqualifies Latina Broadcasters From Incentive Auction
The FCC blocked three Class A broadcasters from participating in or receiving repacking protection during the incentive auction and disqualified an additional Class A broadcaster as expected, in a recon order issued Friday (see 1602090060). The order was approved 3-2,…
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with Commissioner Ajit Pai dissenting and Commissioner Mike O’Rielly dissenting in part. The recon petition from Fifth Street Enterprises, Videohouse and WMTM was denied as being procedurally improper and because participation in the auction is up the FCC's discretion, said the recon order. Latina Broadcasters’ WDYB Daytona Beach, Florida, had been listed as included in the auction, but the FCC decided Latina missed the 2012 deadline to file for Class A status just as the other broadcasters did, the recon order said. The broadcasters behind the recon petition didn't file for Class A status in time for the 2012 deadline (see 1601250060) that was required for stations to be eligible for the incentive auction. Latina did file for Class A status in time but allowed the underlying construction permits to expire, and then filed a low-power TV application instead of a Class A one. That means Latina wasn't pursuing Class A status by the deadline, the recon order said. The decision to remove protection while maintaining it for a similarly situated Class A station which is included in the auction, is "utterly indefensible," said Pai in his dissent. "It is impossible to reconcile the Commission's ostensible support for promoting diversity with such shabby treatment of one of the few television stations owned by a Hispanic woman.”