United States Court of Appeals for the DC Circuit Rules in Favor of Latina Broadcasters
By Bel Hernandez
Daytona Beach — Nora Crosby Soto, owner of Azteca America affiliate WDYB in Daytona Beach is one step closer to saving her television station. Crosby Soto’s Latina Broadcasters was in jeopardy of losing her Azteca America affiliate television station because the FCC had reversed its decision to include her in the upcoming Television Incentive Auction to begin on March 29, 2016. As a result of Latina Broadcasters filed an Emergency Motion for Stay Pending Appeal in the U.S. Court of Appeals for the D.C. Circuit in February (The FCC Turns Its Back On Latina-Owned Television Station). Yesterday, the Court ruled in her favor making it possible for of Latina Broadcasters and WDYB to provisionally participate in the auction pending the outcome of the appeal.
“This is a major victory for us,” stated Crosby Soto when she learned of the Court’s decision, “The Court’s ruling in our favor reinforces that we are on the right side of the law. I am so grateful to the Court for its decision and especially grateful and humbled by the community’s support.”
National organizations have rallied in support of Latina Broadcasters, including the National Hispanic Media Coalition (NHMC) and the League of United Latin American Citizens (LULAC). “I am humbled and moved by how Latino leaders have stood with me and Latina Broadcaster’s mission to provide programming and resources to the underserved Latino community in the Orlando/Daytona Beach area,” continued Ms. Soto.
“We applaud the court’s decision to allow Latina Broadcasting to participate in the upcoming broadcast spectrum auction,” stated LULAC National President Roger Rocha. “Latina Broadcasting is one of the few diverse broadcasters in the country and to exclude them from this important auction is biased and unfair. LULAC urges the FCC to affirm its original determination that Latina was eligible to participate fully in the spectrum auction and avoid further litigating.”
Federal Communications Commissioner, Ajit Pai said in support of Latina Broadcasters and criticizing the FCC’s decision to exclude it form the Auction, “It is impossible to reconcile the Commission’s ostensible support for promoting diversity with such shabby treatment of one of the few television stations in the nation owned by a Hispanic woman.”
Nora Crosby Soto is one of only four Latinas in the United States who are majority owners of a television station. “I was forced to take the FCC to court and now the court sided with us.”
Background: On February 12, 2016, the FCC inexplicably stripped WDYB of the protections associated with participation in the auction just 31 business days before it is set to begin leaving Latina without sufficient time to seek meaningful judicial review.
Latina Broadcasters asked the FCC to “stay” its February 12th Order (meaning that WDYB would be eligible to participate in the auction, provisionally, while the court considered its appeal, but the FCC quickly denied the request which then resulted in Latina Broadcasters filing for the Motion for Stay. Given its issuance of a stay, it is clear that the Court found Latina Broadcaster’s arguments concerning the irreparable harm it would suffer should the auction proceed without WDYB persuasive.
Without auction eligibility, which guarantees spectrum to WDYB for continued operations post-auction, WDYB could be forced off the air, depriving the Orlando Daytona market of alternative television programming geared toward Hispanic viewers. In effect, the Court’s decision allows WDYB to participate provisionally in the auction, while the Court decides the merits of an appeal by Latina Broadcasting which argues that the FCC’s decision with respect to WDYB was unlawful.
Why is it important to participate in the FCC’s Broadcast Spectrum Incentive Auction? Certain television stations, full power and Class A low power television stations, are eligible to participate in the Auction and have a choice whether to accept money from the government to relinquish their spectrum or move to a less desirable part of the spectrum. If these stations voluntarily choose not to do so, they are guaranteed a home from which to continue broadcasting after the Auction, and the government will pay their expenses should it need to relocate the station to a new channel. Without this protection, Nora is denied the same options larger corporations with broadcast stations have, and WDYB will have no guarantee that there will be any spectrum available from which it can operate once the Auction concludes, forcing it to go off the air and close its doors.
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