FCC Denies Clear Channel Objection To WAXY-F Miami Move-In
March 27, 2013 at 4:08 AM (PT)
The FCC has denied CLEAR CHANNEL's informal objection to the move of LINCOLN FINANCIAL MEDIA Sports WAXY-F (THE TICKET)/WEST PALM BEACH, the former CBS-owned WEAT-F, into the MIAMI market with a channel change for a new FM under permit to ALEX MEDIA, INC. at ISLAMORADA, FL.
CLEAR CHANNEL objected to the move on several grounds, including that the option agreement reached by CBS and PALM BEACH BROADCASTERS (which spun the option to LFM) was an unauthorized transfer of control and the move therefore "fruit of the poisoned tree"; that the move was an invalid contingent application and that "the Commission does not permit contingent filings unless expressly authorized"; and other procedural objections. CBS and LFM responded that CBS properly retained control under the option agreement and that processing the contingent application would be consistent with the Commission's procedures using the precedent of how the MEDIA BUREAU handles the issue in FM auctions and how CLEAR CHANNEL itself has used contingent applications for its own transactions. The Commission agreed and waived its prohibition on contingent applications as in the public interest.
The FCC has also denied MOUNT WILSON FM BROADCASTERS, INC.'s Application for Review of the denial of its request for a waiver of the deadline to submit a Section 307(b) showing for its application for a new AM in WHITNEY, NV. The Commission wrote that MOUNT WILSON "made a decision not to submit a timely Section 307(b) showing, and thus not to participate further in the auction process, and seeks waiver of the filing deadline only because its sole competitor subsequently requested dismissal of its application. An applicant’s calculated business decision to forego further participation in the auction process does not constitute unusual or special circumstances sufficient to justify waiver of a filing deadline."
And the Commission proposed a $10,000 fine on CSSI NON-PROFIT EDUCATIONAL BROADCASTING CORP. for public file violations at KYQX and KMQX/WEATHERFORD, TX; KEQX and KQXS/STEPHENVILLE, TX; KSQX/SPRINGTOWN, TX; and KQXE/EASTLAND, TX. An employee of the crosstown GRAHAM NEWSPAPERS, INC. stations filed a complaint when he was initially denied access to the station public files because the GM was absent, then monitored and quizzed when he eventually reviewed the files, which he reported were incomplete. The licensee said that the delay was because the visitor requested to see the GM and not directly to see the file, and that the files were complete, but the FCC said that once the visitor spoke to the GM on the phone and requested access, the files should have been immediately accessible.