LPTVs to FCC: See You In Court

Mike Gravino, director of the LPTV Spectrum Rights Coalition, said that taking the Federal Communications Commission to court over the incentive auction is now a "given." That comes after the FCC denied more than two dozen LPTV decisions to reconsider various aspects of the upcoming incentive auction.

Except for class A LPTVs, low power stations and translators, the latter of which help extend the reach of full-power stations to hard-to access populations, don't get to participate in the auction, or get protection from interference of displacement in the station repack after the auction. Gravino said that representatives of his industry, the National Association of Broadcasters and noncommercial TV executives are meeting with FCC Chairman Tom Wheeler to talk about the FCC's Auction Procedures public notice, which will deal with other issues with the FCC's denial of those petitions, but signaled the die is cast for further legal action. The US Court of Appeals for the DC Circuit recently rejected the National Association of Broadcasters and Sinclair's legal challenges to the auction, but it looks like it will be getting some more action. "Taking the FCC to court is a given for the LPTV industry, but which group does it, and when, is still being analyzed." There were over 25 denials of LPTV petitions, essentially all of the ones which were submitted. Unlike the NAB and Sinclair legal challenges, which accepted a speedy process by the court, LPTV will probably not be so accommodating, he said.