November 12, 2025 — Washington, D.C. The U.S. Supreme Court has denied a petition from Radio Communications Corporation (RCC), ending the company’s legal challenge to the FCC’s implementation of the 2023 Low Power Protection Act (LPPA).
The petition sought to expand Class A eligibility beyond what Congress authorized – an upgrade limited by statute to markets of up to 95,000 households. RCC argued that Congress intended the LPPA to allow broader upgrades nationwide. Both the FCC and the D.C. Circuit disagreed, citing clear legislative limits.
In June, the D.C. Circuit ruled unanimously that “RCC’s convoluted reading of these statutory provisions is plainly incorrect.” The Supreme Court’s refusal to hear the case effectively upholds that decision.
Bottom line: The FCC’s current interpretation stands. Only stations meeting the statutory criteria will qualify for Class A protection under the LPPA.
ATBA Chair Kristina Bruni commented, “While this case garnered some attention, iit reflects an isolated situation rather than the broader interests of the LPTV community. ATBA continues to focus on forward-looking advocacy – ensuring that low power television remains part of America’s next-generation broadcast landscape.”
