Fireside/Jet Fuel Files Document Request In Battle With FCC
January 10, 2011 at 5:32 AM (PT)
DAVE GAREY's FIRESIDE MEDIA and JET FUEL BROADCASTING have filed a Freedom of Information Act request for FCC documents about FM Auction 37 in support of its appeal of the FCC's cancellation of the construction permits for new stations at ANCHORAGE; LARGA VISTA, TX; PASS CHRISTIAN, MS; and WINOOSKI, VT.
The Commission previously rejected GAREY's contention that financial difficulties caused by FCC penalties for withdrawing bids in the auction justified tolling the permit; "the documents within this FOIA request are vital and urgently needed by the requesters to ensure fair hearing in two final reconsideration appeals currently before the Commission," GAREY said in the FOIA letter. filed FRIDAY (1/7).
GAREY tells ALL ACCESS that the documents, kept sealed for six years, include complaints of illegal activities and misconduct in the auction and the FCC's disposition of those complaints. "Given that Fireside and Jet Fuel stand to lose all (4) of their AM radio assets as continued punishment for innocently withdrawing from FM Auction 37 when the pricing levels became excessive, it is unconscionable and inconsistent for the FCC to be covering up complaints of illegal conduct from the very same auction," said GAREY.
FIRESIDE was fined $17,300 for pulling out of the 2004 auction before its conclusion when prices got too high, and the commission hit FIRESIDE with federal debtor status for over two-and-a-half years before considering the company's appeal, and GAREY contends that the delay, which prevented his companies from building the stations while the debtor status blocked credit availability, should have tolled the permits.