MB Rejects Broadcaster Appeal; Johnson Vows to Press Case

The FCC Media Bureau rejected the latest appeal from Urban One Broadcasting Network managing member William Johnson seeking reinstatement of an FM construction permit for Cross City, Florida, that expired in 2014, said a letter posted Wednesday. The Florida company isn’t connected to large Maryland-based broadcaster Urban One, Johnson told us. Johnson had sought to block FCC Auction 109 (see 2107290070), which was held in July and included that unbuilt FM channel assignment. Winning bidders for the auction, including that permit, were announced in August. A court proceeding on Johnson’s request to block the auction is ongoing in U.S. District Court in Washington D.C. (docket 1:21-CV-02050), and Johnson previously filed a petition to stay in 2016. Johnson’s most recent petition argued his company qualifies as an eligible entity under the revenue-based definition reinstated after the U.S. Supreme Court’s 2021 Prometheus ruling. That policy wasn’t in effect “at any time between when Urban One obtained the Cross City construction permit and when that permit was forfeited,” the Media Bureau said. “Urban One offers no Commission precedent for applying the eligible entity policy retroactively over seven years after the Cross City construction permit was forfeited upon expiration as a matter of law.” Johnson said he plans to appeal the bureau decision to the full commission and the courts if necessary.