WILL WE STAY OR WILL WE START?
BUCKLE UP YOUR SEAT BELTS FOLKS. WITHIN A FEW HOURS WE WILL KNOW IF THE AUCTION STARTS AS DESIGNED ON MARCH 29TH, OR WILL THE CLASS-A AND LPTV COURT OF APPEALS CASES GAIN THEIR STAYS TO SLOW DOWN OR STOP THE INCENTIVE AUCTION DEAD IN ITS TRACKS. STAY TUNED.
Since most of you have not read through all of the court briefs filed by LPTV interests, Class A licensees, the FCC Office of General Counsel, Consumer Technology Association, and others...you will probably not know that the FCC has made a series of legal misjudgements and timing issues which have really upset the judges. Just look at what the Court did earlier this week in staying the prison telephone rate case the FCC has ruled on. Staying an FCC decision just got a little easier, although the prison telephone case is not a $100 billion incentive auction. But blood is in the water, and the FCC does not have a sustainable legal strategy, or do they? In just a few hours we might know. Here are a few articles from yesterday to catch you up...
In an unrelated, but sort of related matter, NAB's top legal dog Rick Kaplan himself penned this filing against T-Mobile's claim that the repacking plan can be done in 39 months or less. What all of these parties forget is that with all of the LPTV interests and legal fundraising activities, our industry is now going to challenge at numerous legal points in the process, any repacking plan, which does not assist LPTV and translators. All we got to do is slow down the repacking process for another year and the pain to the wireless industry and their financial partners will be HUGE.
If our industry prevails against the auction, well cool. But odds are high that will not happen, but the judges are upset at the FCC, so who knows. But the repack? Good odds we can screw with the timing in each PEA. Imagine a legal strategy which in each PEA challenges to the deployment of the wireless services. Heck, I bet we can slow down the repack and mess with everyone real good. Why? Because for 4 years now y'all have messed with us, wiped out our retirement plans and family businesses, forced marched us into business stagnation, and generally fraked us at will, called us second class businesses, and have thrown millions of dollars of legal filings and lobbying funds against us. Oh yeah, sounds good slow down the repack in any way we can, mess up the biz plans of those that messed with us. REVENGE!
Wake up CTIA and CCA...your members are now our enemies and we are pivoting to offense and vow to mess up with your repack, big time. 3 months here, 6 months there...it will add up to billions in lost economic activity of your members. And do not try to say your mobile services are in the national interests. Bunk! Since it is estimated that 75% of broadband video traffic is porn, well, we are doing the country a favor. Don't think we can do it? How about all of those newly minted millionaire Class A's which still have LPTV stations and permits after the auction? You think they are just going to sit on the sideline? Imagine a court challenge to each PEA clearing? Different states, different parties, lot's of damages, and it just takes one court to see our viewpoint.
Let's see how well the current LPTV legal challenges go. No matter what, they are a roadmap to making CTIA and CCA members suffer financial harm. What is good for goose, is good for the gander. The sleeping giant is awake and wants a big breakfast. PEA clearing legal challenges, love it.