Supreme Court Denies Ed Stolz' Appeal Of FCC's Ruling In KWOD/Sacramento Sale Case

Appeal Denied

ED STOLZ' petition for a writ of certiorari to have the U.S. Supreme Court hear his appeal of his lawsuit against the FEDERAL COMMUNICATIONS COMMISSION has been denied.  The nation's highest court denied STOLZ' attempt to appeal the initial loss in his years-long challenges to ENTERCOM licenses after being ordered in 1996 to go through with the sale of then-KWOD/SACRAMENTO (now KUDL) to ENTERCOM after trying to rescind the deal.

The case denied by the Supreme Court involved STOLZ' attempt to reverse the KWOD deal; STOLZ contended that a change in the definition of the SACRAMENTO market in 2002, just after the Commission's Media Bureau approved the assignment of the station to ENTERCOM, put ENTERCOM over the ownership limits.  Two years later, the Media Bureau denied STOLZ' challenge, and that decision was affirmed 10 years later, after which STOLZ sued the Commission.  

The appeals court ruled that ENTERCOM's surrender of the license for KDND/SACRAMENTO after its renewal was designated for hearing in light of the fatal "Hold Your Wee For A Wii" contest put ENTERCOM under the market cap and rendered STOLZ' argument moot.  STOLZ' Supreme Court appeal contended that the FCC violated STOLZ' due process rights, could not dismiss the case as moot when the basis for that would be a question of fact, and that the D.C. Circuit was wrong in ruling that an interlocutory judgment is not a reversionary interest.

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