FCC Rejects Challenge To Q101/Chicago License Renewal

Renewed

The FCC has denied DAVID EDWARD SMITH's Petition to Deny the license renewal of EMMIS for Alternative WKQX (Q101)/CHICAGO.  In a letter dated FRIDAY (10/22), the Commission denied SMITH's 2004 objection, which arose from his widely-publicized battle against the station's then-morning show, "MANCOW'S MORNING MADHOUSE," over alleged indecency.  

SMITH alleged that EMMIS had "engaged in a pattern of willfully broadcasting indecent language" and had supported MANCOW MULLER's lawsuit against SMITH, which SMITH characterized as a "SLAPP" suit.  The Commission noted that SMITH's arguments had been already rejected twice in the renewal of five EMMIS stations in INDIANA and that the alleged "SLAPP" suit was outside the purview of the FCC.

In other Commission actions, RODGSON, INC. has been fined $5,500 by the FCC for failure to maintain EAS equipment, failure to enclose the base of its antenna, and failure to maintain and make available a public file at Country daytimer WSDQ-A/DUNLAP, TN.  The file was reduced from $25,000 for inability to pay.

STOME/COLLINS COMMUNICATIONS, INC. has received a $3,500 fine for failure to enclose the base of its antenna and failure to maintain and make available a public file at Classic Country WEPG-A (THE RIVER)/SOUTH PITTSBURG, TN.  The fine was reduced from $17,000 for inability to pay.

The Commission has also proposed a $10,000 fine for missing issues/programs lists at PAMAL's 6 JOHNSON ROAD LICENSES, INC. Triple A WXPK (107.1 THE PEAK)/BRIARCLIFF MANOR (WESTCHESTER), NY.  The file, when inspected in 2009, contained no lists for the current license term.

ALLIED COMMUNICATIONS NETWORK's Petition to Deny the grant of a new noncommercial FM to EDINBORO EARLY SCHOOL at OCEAN CITY, MD was granted by the Commission.  ALLIED alleged that EDINBORO was not a nonprofit corporation, failed to disclose its ownership of low-power FM WEES-LP, improperly got points in the comparative hearing for ownership diversity, failed to fully disclose pending noncommercial FM applications, and improperly claimed points as an established local applicant.  The Commission only ruled on the first point and determined that EDINBORO is a for-profit corporation and is therefore ineligible for the permit.

In addition, the FCC has granted construction permits for new low-power FMs to MT. ZION EDUCATION ASSOCIATION at BARABOO, WI and HEART TO HEART EDUCATIONAL ASSOCIATION at BEAVER DAM, WI over objections by NATIONAL LAWYERS GUILD CENTER ON DEMOCRATIC COMMUNICATIONS, THE MICRORADIO IMPLEMENTATION PROJECT, and the UNITED CHURCH OF CHRIST.  The objectors claimed that ETERNAL WORD TELEVISION NETWORK and/or STARBOARD BROADCASTING had filed 23 LPFM applications using "sham organizations."  

The applicants admit that STARBOARD recruited them to apply and handled most of the application process free of charge but said that they are legitimate separate incorporated companies and that the use of EWTN networked programming complies with LPFM rules.  The FCC rejected the allegations that the applicants were shams.

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