FCC Vacant Channel Proposal Could Run Afoul of Third Circuit Ruling, Says MMTC

The FCC’s proposal to preserve a vacant channel in each market for unlicensed use after the incentive auction would have a “negative and disproportionately devastating impact” on multicultural programming and minority station ownership, said the Multicultural Media, Telecom and Internet Council in a letter to the FCC Sunday. Low-power TV has been a very successful venue for minority TV station ownership and multicultural programming, and the vacant channel proposal will “potentially extinguish” it, MMTC said. The FCC has “downplayed” the impact of this proposal by claiming most markets will have two vacant channels after the repack, MMTC said. The FCC should consider the vacant channel proposal’s impact on minority programming and ownership, and the mandate from the 3rd U.S. Circuit Court of Appeals that the FCC assess the impact on minority ownership of changes to its rules, MMTC said. “The public interest” requires the FCC to abandon the vacant channel proposal, MMTC said.