PMCM Mandamus Request Denied
PMCM’s request for a writ of mandamus for its years-long effort to transmit a signal on virtual channel 3.10 was denied by the U.S. Court of Appeals for the D.C. Circuit Tuesday, in a court order. The FCC ruled PMCM…
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can’t use virtual channel 3.10 for WJLP Middletown Township, New Jersey, because Channel 3 already is assigned to another station in the area (see 1607260059). PMCM “filed applications for review with the Commission seeking the same relief it requests in its mandamus petition and has failed to show” that the FCC process isn’t “an adequate remedy,” the D.C. Circuit said. “To the extent petitioner asserts the Commission has unreasonably delayed in acting on the applications for review, it has not demonstrated the agency’s delay is so egregious as to warrant mandamus.” The court didn't reject the petition on the merits, said Fletcher Heald broadcast attorney Donald Evans, who represents PMCM. The order also says the D.C. Circuit would take the matter up again if there's "further significant delay," Evans noted.