FCC Rejects Objection, OKs Return Of Pembrook Pines Stations To Pfuntner
March 21, 2013 at 4:15 AM (PT)
GREAT RADIO, LLC's informal objection to the filing of a transfer of PEMBROOK PINES MASS MEDIA N.A. CORP., licensee of Sports WABH-A (ESPN RADIO 1380) and AC WVIN (V98.3)/BATH, NY and Rhythmic AC WQRW (THE Q 93.5)/WELLSVILLE, NY, back to owner ROBERT J. PFUNTNER has been denied by the FCC and the transfer back to PFUNTNER approved.
RICHARD FOREMAN was appointed receiver by the U.S. District Court for the Western District of NEW YORK in a case brought against the company by lender CITIZENS AND NORTHERN BANK, but PFUNTNER paid off the loan and got court approval to re-assume control of the stations. GREAT RADIO won the bidding to buy WABH and WVIN from FOREMAN in AUGUST but, having seen the former owner regain control, contended that the application for transfer was incorrectly filed as a Form 316 (involuntary transfer) and should have been characterized as voluntary because PFUNTNER paid off the amounts owed on a voluntary basis. The Commission disagreed, citing the previous CANTON 67, LTD. case as precedent for treating the present sale as a "corporate reorganization which involves no substantial change in the beneficial ownership of the corporation."
The Commission also issued notice that the licenses of one full-power FM, one low-power FM, and three FM translators are set to expire on APRIL 1st and the licensees have yet to file renewal applications which were due on DECEMBER 1st, 2012. The stations include SAIDNEWSFOUNDATION's noncommercial KYCO/LIMON, CO; ALIANZA MINISTERIAL VISION MILENIAL's KAMV-LP/BRIGHTON, CO; LAKE COUNTY TV-FM's K280DZ/LEADVILLE, CO; CHAFFEE COUNTY TV TRANSLATOR ASSOCIATION's K276AA/SALIDA-BUENA VISTA, CO; and PAULINO BERNAL EVANGELISM's K216FK/BISMARCK, ND.
And the Commission also upheld its approval of the 2007 sale of Spanish Tropical WHAT-A (EL ZOL 1340)/PHILADELPHIA from URBAN RADIO I, LC to MARCONI BROADCASTING CO. over the objection of LEON A. WILLIAMS, who alleged that the parties failed to offer public notice of the sale. The station has since been resold to AZTEC CAPITAL PARTNERS.