Zach said:
w9wi said:
* not counting two channels an obsolete law required them to make available in specific states, not Florida.
??? What law is that?
47 USC § 331:
http://www.law.cornell.edu/uscode/text/47/331
It was enacted in 1982 and requires the FCC to assign at least one VHF commercial channel to each state if technically feasible. Basically the purpose of the law was to save the license of WWOR channel 9 in New York, which was in trouble for non-engineering violations. The law required the FCC to renew the station's license if it agreed to move to New Jersey.
Technically, the law also required the FCC to renew the license of any station willing & able to move to Delaware -- but Philadelphia stations were the only ones for which such a move would be technically feasible, and none of them were in trouble. They were all better off staying in Philly.
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Fast forward 30 years, through the digital transition. Nobody ever did volunteer to move a VHF station to Delaware. You still punch in "09" to watch WWOR on an antenna -- but the station is actually broadcasting on a UHF frequency.
And... since nobody wanted to use low-band VHF channels 2-6, it was technically feasible to assign as many as four VHF channels to these two states. (channel 6 is in use in Philadelphia)
Someone bought VHF digital stations in Wyoming & Nevada; offered to move them to New Jersey (transmitting from Manhattan) and Delaware (transmitting from Philadelphia); and noted that they believed Section 331 required the FCC to take them up on their offer.
The FCC argued that the law only anticipated moves where the station could not operate from its old location and New Jersey at the same time. At the same time, they agreed that the law required them to assign a VHF channel to each of these states. They assigned channel 4 to Atlantic City, New Jersey and channel 5 to Seaford, Delaware.
They then auctioned the two channels. Same firm bought both, and the Atlantic City station is on the air.
Meanwhile... the firm that bought the Western stations appealed, not seeing anything in the law that prevented a long-distance move. The court agreed & ordered the FCC to approve the channel reassignments -- which happened late last week.
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The law only required the FCC to assign VHFs to states that didn't already have one. At the end of the digital transition the only two such states were New Jersey and Delaware. (and since the FCC has now assigned VHF channels to both those states, the law is now moot)
(and this is of course all way off topic as Florida had plenty of VHF analog channels and still has plenty of VHF digital channels!)