PMCM, FCC Duel in DC Circuit Over Stay Request
PMCM is seeking just restoration of the channel originally assigned to its WJLP Middletown Township, New Jersey, it told the U.S. Court of Appeals for the D.C. Circuit in a Thursday filing (in Pacer) seeking an emergency stay of FCC…
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recent final orders rejecting the broadcaster's long battle to be assigned virtual channel 3 (see 1709220033). The company was replying to an FCC filing (in Pacer) Wednesday opposing the stay request (in Pacer). “In asking this Court to take the extreme step of altering WJLP’s current channel positioning, PMCM is seeking the same affirmative relief as in its four failed mandamus petitions -- relief that would upend, not preserve, the status quo,” the FCC said. “What PMCM is seeking here is a restoration of the channel it was originally assigned to, and operating on, in New Jersey before the FCC imposed the unlawful change,” PMCM said. Its previous mandamus tries didn't involve merits, and this latest challenge has a better chance, PMCM said. The standard of “’likely to succeed on the merits’ applicable to stay requests is obviously far lower than the ‘clear and indisputable’ standard which tied the Court's hands earlier,” it said.