The FCC is holding firm to an earlier decision not to allow two Class A-eligible low power television stations to take part in the incentive auction or protect them in the subsequent repack.
Only those that can upgrade to Class A or had filed for a CP by Feb. 22, 2012 can take part, ruled the commission.
Abacus and Videohouse and Latina Broadcasters of Daytona Beach had “in-core” status but had not filed for Class A status by the date and had challenged the agency’s original decision to exclude them and then appealed.
The commission originally made the cut-off so as to ensure there’s enough spectrum for the repack. The three argued they were the same as eligible Class As and should be included; the commission disagreed again, and stuck to its original decision.