LPTV Threatens to Sue to Block Spectrum Auction

Low Power Television (LPTV) operator Latina Broadcasters of Daytona Beach has asked the Federal Communications Commission to either stay its Feb 12 decision not to let the broadcaster participate in the incentive auction, or alternately delay the incentive auction, scheduled to launch March 29. It has given the FCC until Feb 24 to make a decision, after which it says it will go to court to try and get reinstated or block the auction. Latina was eligible to upgrade to Class A status (which would have made eligible for a potential multimillion dollar payout or channel protection in the repack if it did not win), but missed the deadline for upgrading according to the FCC, which declined its request that it be allowed to participate--the FCC had made an exception in at least one other case, but the commission said that was based on a a different set of facts.

In an emergency motion for a stay filed Feb. 22 with the FCC, Latina said the FCC was wrong to exclude it; that it would suffer irreparable harm without a stay; and that the FCC had discriminated against it by excluding its WDYB but making an exception for another station. Latina said that given the short period between the FCC's Feb. 12 order denying its participation and the start of the auction, it would consider the petition denied if the FCC did not take any action by Feb. 24 and would then go to court to try and get into the auction. The broadcaster said the FCC had indicated WDYB was eligible for the auction up until the Feb. 12 decision that it was not.