EXCLUSIVE: FCC Asked To Review LPTV ‘Hop’ Stop Condition

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Should a low-power TV station Construction Permit be able to relocate without any restrictions, making them as lucrative as ever to potential buyers?


One licensee says yes, and has filed a Petition for Reconsideration with the Commission with the intent of undoing a special condition given to his LPTV’s CP that must keep it in place for at least one year before any possible move can be made.

The petition was filed by Digital Networks-Southeast LLC of Chattanooga’s legal representative, Aaron Shainis of Shainis & Peltzman in Washington, D.C.

It was made on December 14 by Shainis. In it, he argues on behalf of his client that the Media Bureau reconsider its November 22 delegated authority action “placing improper and unlawful conditions” on the grant of an application for license to cover Construction Permit for low-power TV station WRUG-LD in Baton Rouge.

Two years earlier, the Bureau granted the application, but under a special condition.

Grant of this license application is conditioned on continuous operations of the licensed facility for the twelve month period following grant. The failure to so operate will result in the rescission of this grant, dismissal of the license application and the forfeiture of the associated construction permit persuant to 47 C.F.R. @ 73.3598(e) unless the licensee rebuts the presumption that the authorized facilities were temporarily constructed.

As Shainis sees it, imposing these conditions on his client is “improper and unlawful on multiple grounds.”

First, he says new regulatory provisions have been adopted by the Media Bureau since the covering license and underlying CP applications were filed. As such, he argues, “The Bureau made no effort to comply with the mandatory notice and comment rulemaking provisions of the Administrative Procedure Act.” Further, Shainis claims the Bureau lacks the requisite delegated authority to promulgate or amend rules, apart from APA considerations.

In short, Shainis says the conditions are akin to retroactive rulemaking.

WRUG-LD has a March 4, 2024 construction deadline.


Digital Networks-Southeast LLC is associated with Get After It Media, formerly Luken Communications and Reach High Media Group.