The LPTV Spectrum Rights Coalition on Thursday formally requested an immediate extension of the LPTV special filing window for at least an additional two weeks.
It actually prefers a 30-day extension, and here’s why.
The first issue brought to the attention of Video Division Chief Barbara Kreisman and Media Bureau Chief Michelle Carey by coalition director Mike Gravino is “conflicting FCC guidance.”
He says that at his group’s Sunday rally held ahead of the 2018 NAB Show in Las Vegas, “A completely new guidance was given by participating FCC officials to the audience than was given back when the Public Notice and webinar was given two months ago.”
Gravino asserts, “The guidance given Sunday was that if you file, and your application is rejected, you may reapply for another channel assignment as long as the window is open. This can be characterized as, ‘file early, and often.’”
Further, Gravino says, “The previous guidance was to let the prioritized DRTs first file, and then do market coordination, and then file late so as to not file on top of any of another to avoid an MX situtation. This can be characterized as, ‘file late after coordination.’”
These are two different types of guidance, Gravino argues, and “dynamically change the type of coordination filers will have, if any at all. The impetuous to coordinate is much less with the new guidance, and it was given with less than 36 hrs from the opening of the window. All affected do not even know of this yet, only those which attended our event.”
In the days since the “new guidance” was given, Gravino has talked about an extension with a wide range of filers, communications counsel, consulting engineers, major station groups, and other associations. “All have been in agreement that an extension would be best for their own clients and members, as well as the process,” he says.
“Filiers need the exact steps and objective data necessary to make an objective-based filing, and we need more time to do this multiple times within the window so as to avoid an MX situation,” Gravino concludes. “Our request to extend the LPTV special filing window is advantageous to a more equitable and fair displacement process, and one which can avoid a flawed process and the legal ramifications of that.”
