FCC Nixes Appeal Of KTDK Sale Denial, License Cancellation
February 24, 2014 at 4:59 PM (PT)
The FCC has dismissed a Petition for Reconsideration of the denial of the transfer by CUMULUS' SUSQUEHANNA RADIO CORP. of Sports KTDK (simulcast of KTCK-A (THE TICKET)/DALLAS)/SANGER, TX filed by WHITLEY MEDIA, LLC and NORTH TEXAS RADIO GROUP, L.P. and the cancellation of the license at CUMULUS' request.
The attempted transfer to WHITLEY, headed by MEDIA SERVICES GROUP broker BILL WHITLEY, was rejected by the Commission as, essentially, a brokerage agreement rather than a transfer of control, with the sale passing through the proceeds to CUMULUS less a $50,000 flat fee to WHITLEY. After amending the contract and appealing the decision, CUMULUS did a deal to LMA crosstown Sports KESN (ESPN DALLAS 103.3 FM) from ESPN and turned in the KTDK license for cancellation. WHITLEY and NORTH TEXAS said that they had a deal for NORTH TEXAS to buy the station once the transfer to WHITLEY was approved, acknowledging that the KESN deal would temporarily put CUMULUS over the ownership cap until the transfer to WHITLEY was approved but saying that a waiver would be in the public interest.
But the Commission ruled that WHITLEY and NORTH TEXAS have no standing to petition for reconsideration, because they "have no rights with regard to the Station’s license and therefore no interest which could be adversely affected by the surrender and cancellation of the Station license." And the FCC also noted that it has "no authority to require any party to hold or, as is the case here, to reacquire a license and to accept the corresponding duties and responsibilities of a licensee."