FCC Record, Volume 27, No. 2, Pages 937 to 1877, February 6 - February 17, 2012 Page: 946
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summarily TVCN's appeal of the Installment Payment Order for lack of jurisdiction. Moreover, the
Court of Appeals has upheld the Commission's strict enforcement of its automatic cancellation rule in
several cases, including a case in which the court denied an appeal of the Installment Payment Order
against a challenge by a former licensee that had defaulted on its installment payment obligations.22
TVCN has not provided any facts or arguments that would suggest that the court would reach a different
result if it were to adjudicate TVCN's appeal. TVCN also is unlikely to convince the Court of Appeals to
overturn the Order on Reconsideration. As described in that order, the Commission has no discretion to
extend the statutory filing deadline in the absence of "extraordinary circumstances[,]" as narrowly defined
by the courts.23 The Commission properly dismissed TVCN's Petition for Reconsideration which had
been filed two weeks after the statutory deadline because TVCN had not shown the "extraordinary
circumstances" needed to justify an extension of the section 405 deadline.
9. Second, TVCN does not allege, let alone show, that it will suffer irreparable injury in the
absence of a stay. Therefore, TVCN has failed to plead, much less satisfy, the second criteria for granting
10. Third, TVCN does not claim that third parties will not be harmed if the stay is granted, let
alone demonstrate an absence of such injury. Thus, TVCN does not satisfy the third criteria for granting a
11II. Fourth, TVCN has failed to show that the public interest would be furthered by the grant of a
stay. The automatic cancellation rule safeguards the integrity of the auction and licensing process by
ensuring that entities that have won licenses at auction on the promise of full payment of the winning bid
remain willing and able to fulfill their payment obligations.26 Strict application of the automatic
cancellation rule advances the public interest, especially when, as in this case, doubts have been raised
regarding a defaulter's ability and willingness to satisfy its outstanding payment obligations.7 Thus, even
if a stay of the Installment Payment Order could reverse the automatic cancellation of TVCN's licenses,
such action would not be in the public interest.28 Granting a stay of the Commission's decision to dismiss
(Continued from previous page)
(D.C. Cir., filed Nov. 14, 2011). The Commission has filed a motion to dismiss TVCN's appeal which is pending
before the court. See TV Communications Network, Inc. v. FCC, Motion of the Federal Communications
Commission for Dismissal in Part and for Summary Affinnance in Part, No. 11-1443 (D.C. Cir., filed Dec. 22,
22 Alpine PCS, Inc. v'. FCC, 404 Fed. Appx. 508 (D.C. Cir. 2010), reh. denied, No. 10-1020 (D.C. Cir. Feb. 10,
2011). See Morris Communications v. FCC. 566 F.3d 184, 186 (D.C. Cir. 2009).
23 See 47 U.S.C. 405(a); 47 C.F.R. 1.106(f). See also Order on Reconsideration, 26 FCC Red at 14893 1 6
(citing Gardner v. FCC, 530 F.2d 1086, 1091-92 & n.24 (D.C. Cir. 1976) and Virgin Islands Telephone Corp. v.
FCC, 989 F.3d 1231, 1237 (D.C. Cir. 1993)).
:4 The Commission and courts have consistently found no irreparable harm where petitioners have sought to stay
auctions and post-auction licensing proceedings based on matters pending before the Commission regarding
petitioners' claims to the licenses offered at auction. See. e.g., Alpine, 23 FCC Red 10485, 10490 18 (2008)
(citing FCC v. Radiophone, Inc., 516 U.S. 1301, 116 S.Ct. 283 (1995)).
'5 TVCN fails to address even the possible harm to entities that won licenses in Auction 86 for spectrum formerly
associated with licenses held by TVCN.
26 See Installment Payment Order. 25 FCC Red at 481 19.
27 Id. at 486-88 28-29.
28 TVCN's licenses were cancelled automatically by operation of the Commission's rules. Therefore, the stay
TVCN requests would not reinstate the licenses because reinstatement would require reversal of the Commission's
orders, rather than a stay of them.
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 2, Pages 937 to 1877, February 6 - February 17, 2012, book, February 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc94251/m1/24/: accessed November 21, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.