FCC Grants LPFM Assignment Over Objections
November 2, 2010 at 10:46 AM (PT)
The FCC has granted the assignment of low-power FM WCRS-LP/GROVEPORT-COLUMBUS, OH from SIMPLY LIVING to THE NEIGHBORHOOD NETWORK, over the objections of BEXLEY PUBLIC RADIO FOUNDATION (owner of WCRX-LP/COLUMBUS, which has a time-sharing agreement with WCRS) and JOHN ANDERSON. Both objections claimed the assignment would violate the time-sharing agreement.
The Commission ruled that SIMPLY LIVING was not required to get BEXLEY's prior consent to assign the license; "An LPFM share-time license may assign its license to a qualified licensee," the Commission said, and added that a "Prior Consent Term" in the time-share agreement was an unenforceable restriction on SIMPLY LIVING's right to assign the license. Also dismissed was a claim by ANDERSON that the assignee prematurely asserted control over the station.