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We have not read through this 65-page legal brief, and will report on it fully over the long winter snowy weekend we are having here in DC. But here are the key points the FCC is making in these legal cases:
FCC's Arguments
I. MAKO'S PETITION SHOULD BE DISMISSED FOR
LACK OF JURISDICTION BECAUSE IT HAS ONLY
PETITIONED FOR REVIEW OF THE
RECONSIDERATION ORDER
II. THE COMMISSION DID NOT ALTER THE RIGHTS OF
LPTV STATIONS
A. Petitioners Ignore The Exclusion Of LPTV Stations From
The Spectrum Act's Preservation Mandate
B. The Commission's Interpretation Of 47 U.S.C. ยง
1452(b)(5) Is Consistent With The Statutory Language
And With LPTV Stations' Well-Established Secondary
Status Under Commission Rules And Regulations
C. Protecting LPTV Stations From Displacement In The
Incentive Auction Would Undermine The Goals Of The
Spectrum Act
III. THE ORDERS DO NOT REVOKE LPTV LICENSES
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