Latina Broadcasters—the licensee of low power television (LPTV) station WDYB in Daytona Beach, Florida—celebrated a legal victory yesterday, as the D.C. Circuit Court of Appeals ordered the FCC to allow Latina to participate provisionally in the March 29 incentive auction. Filed on February 26, Latina’s emergency motion sought a stay of the auction start date or Latina’s provisional reinstatement as an auction participant, pending court action on Latina’s related appeal of the FCC’s February 12 decision to deny reconsideration of the company’s auction eligibility. Despite having included WDYB on its initial list of auction eligible stations, the FCC declared last month that Latina was not entitled to repacking protection and was therefore ineligible to participate in the incentive auction.
