FCC Orders Licensee To Pay Another Station For Expenses From Involuntary Channel Change
March 25, 2013 at 4:22 PM (PT)
The FCC has ordered RADIO DALHART, licensee of Country KBEX (99.3 REAL COUNTRY, formerly KXIT-F)/DALHART, TX to pay $73,553.73 to PERRYTON RADIO, INC., licensee of AC KEYE-F (93.7 MY FM)/PERRYTON, TX, as reimbursement for expenses incurred in an involuntary channel change that enabled an upgrade for KBEX.
KEYE made the change and sent a request for reimbursement on JUNE 12th, 2012 under the terms of the FCC's authorization of the move, to which RADIO DALHART had agreed under the procedures established in a 1967 CIRCLEVILLE, OH case. RADIO DALHART refused to pay, however, saying that KEYE had moved to a different channel than has been specified in the original move (with FCC approval) and had submitted expenses greater than necessary, including a replacement antenna and legal costs of a second construction permit after its first CP tolled. PERRYTON RADIO contended that the change did not waive its right to reimbursement, and the Commission agreed.