Las Vegas LPFM Sues CPB, FCC After Losing Out On Grant

Plaintiff

LAS VEGAS PUBLIC RADIO, INC., licensee of low power FM KIOF-LP/LAS VEGAS, has filed suit against the CORPORATION FOR PUBLIC BROADCASTING and the FCC after being rejected for a Community Service Grant from the CPB.

In the complaint, filed without an attorney in U.S. District Court for the DISTRICT OF COLUMBIA, LVPR says it applied as a Minority Audience Service station for a waiver of the Non Federal Financial Support requirement and an audience service requirement.  The CPB did not grant a waiver and rejected the application.  The suit alleges that CPB "impermissibly erected a barrier" to its grant program and is "extremely bias (sic) towards LVPR because LVPR challenged CPB's policies of discriminatory, exclusionary and confiscatory behavior."  LVPR also claims that the CPB had a duty under the First Amendment to "make appropriate correction in LVPR's application," alleges that "there is no creditable proven scientific evidence or data to support NIELSEN claims," and projects damages at $180,782 based on "lost revenue" and expenses.  The suit adds an equal protection clause claim with $100,000 in compensatory damages, and a due process clause claim, also with $100,000 in damages.  

A fourth count, alleging conspiracy, says that "LVPR recognizes that one of two possibilities exists: The CPB and FCC boards are full of weak-kneed yes-men who won't rock the taxpayer funded gravy train that everyone on the inside benefits from.  Or board members act in concert, individualluy (sic), privately and outside of LVPR's public application process, both CPB and FCC discussed killing LVPR's applications before the carefully orchestrated show and denial of CSG benefits by CPB and power increases by the FCC... because moving forward it will open doors for other LPFM applicants to enter the CSG program."  The complaint seeks another $100,000 for the conspiracy count.  A fifth count, also seeking $100,000, alleges "deprication (sic) of rights" by the CPB, and a sixth count , again with a $100,000 damage claim, calls the addition of the letters "LP" to the station's call sign is "discriminatory, exclusionary and confiscatory," because it is a "turn off" to underwriters.  

An additional "deprication (sic) of rights" claim is levied against the FCC for a seventh count. alleging that the FCC denied the station "rights to verify if there were any interference issues."  LVPR wants treble damages ot bring the total to $1.742,346 in punitive damages and $56,000 from CPB's Radio Program Fund, wants the court to order the FCC to give LVPR a power increase, and wants the FCC to stop making the station use "-LP" call letters, allow it to sell advertising, and to reassign one of the other stations in the market among those in multiple-station clusters to LVPR.

« see more Net News