Beach TV Properties, Inc. v. FCC.

• Author: Gorelik, Alexander
• Position: Television station licenses

BEACH TV PROPERTIES, INC. V. FCC

617 F. App'x 10 (D.C. Cir. 2015)

In Beach TV Properties, Inc. v. FCC, (1) the United States Court of Appeals for the District of Columbia Circuit affirmed the FCC's rejection of the broadcaster's certification for eligibility. The D.C. Circuit affirmed the FCC's action based on the broadcaster's initial deficient certification and its untimely amended submission. (2)

1. BACKGROUND

   The Community Broadcasters Protection Act of 1999 authorized the FCC to provide certain licenses to ensure that low-power television stations, which provide "programming tailored to the interests of viewers in small localized areas," could survive the transition to the digital television format. (3) Class A licensees are protected from interference from newer broadcast facilities in the area so long as the licensee continues to meet certain requirements. (4)

   To convert from a regular low power television license to a Class A license, the FCC required the submission of a completed certification of eligibility form prior to January, 28, 2000, (5) in accordance with the Community Broadcasters Protection Act of 1999. (6) Beach TV Properties, Inc. is a broadcaster that provides television programming aimed at tourists in various American vacation cities. (7) On December 29, 1999, following the FCC's release of regulations to establish a Class A television license, Beach TV Properties, Inc. submitted its certification of eligibility form for such a license. (8)

   After a review of Beach TV's certification of eligibility submission, the FCC deemed the company's submission noncompliant because the applicant did not mark any of the blocks specifying its qualifications for a Class A license. (9) Beach TV asked for a reevaluation of the dismissal and submitted an amended form, which was promptly denied because the FCC received the submission after the statutory deadline. (10) In response, the broadcaster asked for review of the denial by the full Commission, which was denied in a 2012 Order. (11) Beach TV filed for a reconsideration of the FCC's decision, but the Media Bureau rejected the submitted challenges. (12) Beach TV filed suit to overturn the denial of a reconsideration. (13)

2. ANALYSIS

   In its review, the D.C. Circuit Court of Appeals affirmed the FCC's decisions. (14) The Court found that of the seven challenges brought by Beach TV, three were jurisdictionally barred, two were procedurally barred, and two were meritless. (15)

   Beach TV...