SCOTUS Rejects Low-Power TV Petition
The U.S. Supreme Court won’t hear a Connecticut low-power TV broadcaster’s legal challenge of the FCC’s implementation of the 2023 Low Power Protection Act (see 2509290043). SCOTUS on Monday denied the petition for a writ of certiorari from Radio Communications…
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Corp. (RCC), which asked the high court in September to overturn a unanimous ruling from the U.S. Court of Appeals for the D.C. Circuit rejecting the company's arguments. RCC had argued that Congress intended the Low Power Protection Act to broadly allow many LPTV stations nationwide to upgrade to Class A status, though the text of the statute explicitly limited the upgrade to stations in markets of up to 95,000 households. The FCC order used nearly identical language to the statute, but RCC argued that the agency twisted Congress’ intent to protect full-power stations. “RCC’s convoluted reading of these statutory provisions is plainly incorrect,” said the D.C. Circuit in its June opinion.