Latina May Be Forced to Close Down Her Azteca America Affiliate
By Bel Hernandez
When Nora Soto crossed the Mexican border at the age of six, alone and guided by a coyote, she never could have imagined that one day she’d be in a battle with one of the most powerful government agencies in the U.S., the Federal Communications Commission (FCC), just to hold on to her American Dream. But that’s exactly where the owner of Azteca America-affiliated WDYB television—a station Nora purchased, improved and sustained with her own hard-earned dollars—finds herself today. She is one of four Hispanic women in the United States who are majority owners of a television station.
“The FCC flip flopped on a decision that will force me to close the doors of the station I spent my entire life-savings to build,” said Nora Crosby Soto, the owner of Latina Broadcasters, LLC which holds the license to WDYB. Nora worked for thirty years in the broadcasting industry to build her American Dream starting at the age of 18, with a GED in hand, as a clerk at a Televisa station in Los Angeles.
She attended night school for ten years to earn her bachelors and masters degrees from Pepperdine University. “I was determined to make it in this country and I have worked hard to overcome any obstacles placed before me. That’s why it’s so disappointing to have the FCC, a giant, at the last minute, turn its back on me,” continued Ms. Soto. “I was forced to take the FCC to court.”
Nora is referring to the FCC’s sudden reversal of their judgment in February and now exclude her Latina Broadcasters, LLC (Latina) from the FCC’s Broadcast Spectrum Incentive Auction (Auction), which is scheduled to start on March 29, 2016. In order to avoid a delay of the Auction, Nora has asked that the Court “stay” the effectiveness of the FCC’s Order removing WDYB from the Auction, allowing her to participate provisionally while the case proceeds. Ironically, Latina was assured by the FCC again and again that WDYB was eligible. .
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.
There was a three to two vote by the FCC commissioners to exclude Latina Broadcasters from the Auction. Commissioner Ajit Pai said in support of Latina Broadcasters and criticizing the FCC’s decision, “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.”
George Washington University administrative law professor, Richard Pierce, was quoted in the Communications Daily today with regards to the FCC’s not providing enough notice of a change in its policy, the U.S. Court of Appeals for the D.C. Circuit may feel the radical shift on Latina Broadcasters “doesn’t pass the smell test.” He continued, “The FCC repeatedly telling Latina it’s included in the auction and then excluding it with so little time before the March 29 start is likely to look bad for the commission and increase D.C. Circuit scrutiny of the FCC’s actions.”
The D.C. Circuit Court of Appeals is expected to rule tomorrow, Friday on Latinas request to be reinstated in the Auction or for the Auction to be stayed. “I am not a quitter.” said Nora, “Perhaps the FCC did not expect me to fight back but there’s no way I can turn my back on my American Dream, especially since I’ve done everything to contribute and be an asset to this country. I’m so humbled and overwhelmed by the support I’m receiving from the League of United Latina American Citizens (LULAC )and others. Yes, I am crushed by the FCC’s actions but I feel confident they will do the right thing.”
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