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LPTV Broadcasters FAB, Word of God Challenge Auction Again

Several low-power TV broadcasters filed another appeal of aspects of the incentive auction in the U.S. Court of Appeals for the D.C. Circuit, according to court documents. Free Access & Broadcast Telemedia and Word of God Fellowship were recently denied…

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an emergency stay of the auction in their ongoing case challenging an FCC rejection of their appeal of the auction (see 1603170054). In a petition for review filed Monday, the two LPTV broadcasters were joined by Signal Above, Grace Worship Center and Excellence in Christian Broadcasting in a challenge of different aspects of the auction. The petition asks the court to vacate the FCC orders that included rules designed to mitigate the auction's effects on LPTV and an order on when LPTV broadcasters have to vacate their spectrum to make way for wireless users. The rules should be overturned because they violate the Administrative Procedure Act and violate the Spectrum Act provision preventing the FCC from altering LPTV spectrum rights, the petition said.