FCC Decision To Exclude Latina Was Arbitrary, Broadcaster Says
The FCC decision to exclude Latina Broadcasters' Class A WDYB Daytona Beach from the incentive auction was “not a reasonable exercise of discretion, but an arbitrary act of outcome-driven decision making,” said Latina in a reply brief filed with the…
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U.S.Court of Appeals for the D.C. Circuit Monday. The FCC ”purposefully redrew the line defining Auction eligibility without reasoned basis, and with scant time for Latina to seek judicial review,” said Latina. CEO Nora Soto said in a news release she's “crushed, disappointed, and deeply saddened” by FCC actions. Soto praised Commissioner Ajit Pai for standing “in support” of her cause in his opposition to the FCC order that disqualified Latina from the auction. Latina has asked the court to either include it in the auction or stay the auction process. The D.C. Circuit scheduled oral argument on Class A's Fifth Street, Video House and WMTM’s challenge of the auction for May 9, more than a month after the auction’s planned March 29 start date. Video House has also requested a stay. Latina has asked the court to rule by Friday.