Fla Broadcaster Seeks Injunction Against Auction 109
A Florida broadcaster asked a federal court to prevent the FCC from auctioning his FM construction permit in the ongoing Auction 109, arguing it owed him extra time to complete his construction permit in 2014 after it reinstated a previous…
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definition of an eligible entity in 2016. “The plaintiff’s construction permit will be wrongfully auctioned off to a third party bidder,” said the complaint (docket 1:21-CV-02050) filed in U.S. District Court In Washington Thursday by William Johnson, managing member of Florida-based Urban One Broadcasting Network. The company doesn’t appear to be connected to Maryland-based broadcaster Urban One, but neither company nor Johnson responded to requests for comment. Johnson’s filing lists him as representing himself. The complaint repeatedly warns the auction will start imminently and is dated July 24, but Pacer records it as having been filed Thursday. Auction 109 started Tuesday (see 2106030078). Johnson argued his company qualifies as an eligible entity under the revenue-based eligible entity definition, and he should have had additional time to complete construction on an FM station in 2013. Instead, the agency ruled the permit expired in 2014, the complaint said. Johnson filed petitions for stay in 2016 and a petition for declaratory ruling in June, after the Supreme Court’s Prometheus reinstated the eligible entity definition. Auctioning his permit will do “irreparable injury,” the filing said. Johnson wants the court to issue an injunction against the auction, order the FCC to withdraw the permit from the auction, and to act on Johnson’s pending filings. The agency didn't comment.