FCC Rejects Challenge To KMLY Move From Carmel Valley To Gonzales, CA, But License Renewal Cut To 2 Years
June 19, 2015 at 1:55 PM (PT)
The FCC has rejected a challenge by MOUNT WILSON FM BROADCASTERS, INC. to a frequency and community of license change for LAZER LICENSES, LLC's KMLY/CARMEL VALLEY, CA from 105.9 FM at CARMEL VALLEY-SALINAS to 95.1 FM at GONZALES, CA as well as the renewal of the station's license. However, KMLY's license has been given a short-term renewal of just two years due to a long period of silence -- 10 months -- during the previous license term.
MOUNT WILSON's argument contended that LAZER either failed to construct its facility in accordance with its construction permit, or built temporary facilities just so it could file its license application; in either case, MOUNT WILSON claimed that the construction permit expired JULY 13th, 2012, which the Commission considered an indirect challenge of the original grant and rejected now because the time to challenge that initial grant had passed before the petition was filed. The Commission also rejected MOUNT WILSON's challenge to LAZER's candor and fitness to hold the license.
The Commission also granted OPTIMA COMMUNICATIONS' application for a new noncommercial FM at CHRISTIANSTED, ST. CROIX, VI over a Petition to Deny by competing applicant VIEQUES YOUTH LEADERSHIP INITIATIVE, INC. at VIEQUES, PR. The issue was the VIEQUES application's dismissal over failure to include one additional non-commercial station in its analysis of fair distribution.