FCC Rejects Challenge To KXLG Move

Several Rulings

The FCC has rejected THREE EAGLES OF JOLIET, INC.'s objection to the grant of a modification to DAKOTA COMMUNICATIONS Classic Hits KXLG/MILBANK-WATERTOWN, SD.  DAKOTA moved KXLG from HURON, SD to MILBANK and into the WATERTOWN market; THREE EAGLES argued that the proposed facility would not provide a city grade signal to the requisite portion of the new city of license and that a newspaper article demonstrated that former SOUTH DAKOTA state legislator ROBERT FAEHN was actually controlling the station.  The Commission ruled that while a time brokerage agreement with option to buy had been signed with FAEHN before the company stated to the Commission that FAEHN had had nothing to do with the station, the TBA had not yet been in effect at that time and therefore no willfulness can be inferred.

The Commission also dismissed SPANISH PEAKS BROADCASTING's petition to upgrade the FM station it won in Auction 91 at CHARLO, MT.  SPANISH PEAKS filed an amendment to upgrade from Class C3 to Class C and move to WOODS BAY, MT on a new frequency, then filed to upgrade to Class C on a third frequency at CHARLO and to dismiss the move to WOODS BAY.  The Commission said that the auction rules do not permit an upgrade in channel class on a non-adjacent channel as a minor amendment.

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