FCC Again Nixes Appeal Of KTDK Sale Denial, License Cancellation
November 19, 2015 at 11:45 AM (PT)
The FCC has rejected another appeal by WHITLEY MEDIA and NORTH TEXAS RADIO GROUP over the surrender of the license by CUMULUS' SUSQUEHANNA RADIO CORP. of KTDK/SANGER, TX (DALLAS-FT. WORTH).
After an attempted transfer of the station, a spinoff from CUMULUS' DALLAS cluster, to WHITLEY, headed by MEDIA SERVICES GROUP broker BILL WHITLEY, was rejected by the Commission as a brokerage agreement rather than a transfer of control, CUMULUS, after an attempt to amend the deal and an appeal, chose to LMA crosstown Sports KESN (ESPN DALLAS 103.3 FM) from ESPN and turn in the KTDK license for cancellation. WHITLEY and NORTH TEXAS, who had a deal to acquire the station once the WHITLEY transfer was approved, appealed, but were rejected due to lack of standing, both by the Media Bureau and the full Commission. In the Commission's decision, it was reasoned that the WHITLEY-NORTH TEXAS contract expired before the appeal filings, prompting the present appeal, but the Commission reiterated that the petitioners "cite no precedent to support the theory that a third party with no contractual right to acquire a station’s license could have standing to seek reinstatement of the license after the licensee had surrendered the license for cancellation."
Public File Violation Fine Upheld
The FCC has also affirmed its $25,000 fine against PACIFIC EMPIRE RADIO CORPORATION for public file violations at five stations in OREGON, News-Talk KLBM-A (SUPERTALK 1450) and Rock KUBQ (THE ROCK 98.7)/LA GRANDE, News-Talk KBKR-A (SUPERTALK 1490) and Oldies KKBC-F (BOOMER RADIO 95.3)/BAKER, and Oldies KRJT (BOOMER RADIO 105.9)/ELGIN.
The company appealed its fine for missing issues/programs lists for third quarter 2008 through second quarter 2011, claiming that the Commission did not comply with the Small Business Regulatory Enforcement Fairness Act of 1996 in assessing the fine. The Enforcement Bureau, reviewing its own actions, decided that it had complied, and its review was upheld upon appeal.
New Jersey Translator Permit Denied
PRESS COMMUNICATIONS' construction permit for FM translator W288BM/ATLANTIC HIGHLANDS, NJ has been dismissed after an appeal of the grant by GREATER MEDIA's SENTINEL PUBLISHING CO., which asserted that the translator on 105.5 FM would interfere with its Rock WDHA/DOVER, NJ outside its protected contours but where the station can demonstrate listenership. (The 2003 grant was also appealed by the NEW JERSEY BROADCASTERS ASSOCIATION, which claimed interference to TOWNSQUARE MEDIA Classic Rock WCHR-F (105.7 THE HAWK)/MANAHAWKIN, NJ, but the Commission dismissed that appeal; PRESS asked for a decision to be deferred until the Commission rules on a 2004 NJBA proposal for increased protection for NEW JERSEY stations, but that request was denied.)