FCC Nixes Licensee's Bid For Reimbursement After Aborted Channel Change
September 4, 2013 at 11:48 AM (PT)
The FCC has rejected WHITE PARK BROADCASTING, INC.'s petition for reconsideration of the grant of a new FM at DAYTON, WY to LOVCOM, INC. and the change of channel of WHITE PARK's Active Rock KROW (101.1 THE KROW)/CODY, WY.
LOVCOM got the grant for a community of license change from TEN SLEEP, WY and a channel change for the new station, necessitating KROW to change channels, and then applied for another channel change that would not necessitate KROW's move; WHITE PARK appealed and complained that LOVCOM should be ordered to fulfill its promise to cover the expenses of the original KROW channel change even though it was never consummated, because it had to spend money on legal fees to battle the change that would not have been necessary had LOVCOM just applied for the ultimate channel in the first place.
The Commission denied WHITE PARK's appeal, saying that the reimbursement obligation does not apply when the required change is not effectuated. "We are not aware of any instance where we have ordered reimbursement of legal fees where the proposed channel change did not occur and WHITE PARK has not provided any precedent in support of its position. We thus find no basis for granting WHITE PARK’s request for reimbursement," the Commission wrote.