Roy Henderson’s S Content Marketing 94.9 KHTZ Ganado TX may return from the grave.
KHTZ’s license was cancelled in September 2019 over a dispute from Henderson failing to reimburse Victoria Radio Works’ KVIC Victoria for its move from 95.1 to 104.7.
We order Henderson to remit to Victoria within 30 days of the date of this letter the sum of $96,566.58. We will hold in abeyance further action on the Application pending notification by Henderson that full payment of $96,566.58 to Victoria has been made.
In 2006, then 104.7 KZAM filed to relocate to 94.9 while upgrading from a Class C2 to Class C, which was granted in January 2010. The move required KVIC’s Class C3 signal to relocate from 95.1 to 104.7 with Henderson pledging to reimburse Victoria for its reasonable and prudent out-of-pocket expenses incurred in making the requested channel change and both moves were completed in 2013. However Henderson never compensated Victoria Radio Works for the move as he argued against the purchasing of a new transmitter for the station. Victoria Radio Works sought a total of $40,791.25 for the frequency change, while Henderson told the FCC in 2014 he would only reimburse $30,126.52 for the costs of the new antenna, installation and removal of the old, and logo replacement as well as up to $3750 to re-tune KVIC’s old transmitter. The amount Victoria sought rose to $98,179.08 as they added legal costs.
In December 2017, the FCC directed the parties to engage in good faith negotiations and deferred action on KHTZ’s license renewal pending resolution. In June 2019, Henderson was notified that the license would be cancelled unless it received confirmation that Victoria Radio Works was paid in full after which he claimed in lieu of payment he would transfer 94.1 KJAZ Port Comfort TX to Victoria to resolve the dispute, something that Victoria said was not acceptable and again sought the total $98,179.08 plus interest. That led to KHTZ’s license being cancelled in September 2019.
Following a Petition for Reconsideration filed by Henderson and a teleconference in December 2020 to discuss the reimbursement dispute the parties were given until February 2021 to come to terms or the FCC would determine what it felt was the proper reimbursement amount. Victoria Radio Works was required to submit its total list of expenses for which it claimed reimbursement as well as documentation, which it did bringing its total amount up to $114,501.83.
The FCC has reactivated KHTZ’s license but will not act upon its renewal application until Victoria Radio Works is paid the FCC’s determined amount of $96,566.58 within 30 days acknowledging that they should not have dismissed the application prior to adjudicating the reimbursement dispute. The agency determined that Henderson did not engage in good faith negotiations as he only offered to pay the $98,179.08 amount in 2020 if Victoria Radio Works agreed to withhold a mutual release allowing him to take the matter up in court.
The FCC determined that KVIC’s request to be compensated $31,311.31 for a new transmitter was acceptable as its previous transmitter was manufactured in the 1970s and engineers for both parties concurred that due to the unavailability of original replacement components. However, Henderson argued that using substitute parts to retune the transmitter would suffice, while the FCC agreed with Victoria’s assessment that requiring KVIC to retrofit its 50-year old 2/2.5kW transmitter with substitute replacement parts would not guarantee that its operation would be equivalent to the new 5kW transmitter.
The agency did drop the amount of legal compensation owed from Victoria’s request of $52,474 to $34,538.75 as they found that some of the expenses were due to prohibited ex parte communications or incurred before the release of the frequency change order.
The FCC has ordered Mount Rushmore Broadcasting’s 96.7 KZMX-FM Hot Springs SD to complete its move to 96.3 by June 11.
Alex Media won an allotment for 94.3 Lead SD in the 2012 FCC Auction 93. In its long-form application it requested a move to 96.7 in order to upgrade from a Class C2 to C with a show-cause order proposing KZMX-FM to move from 96.7 to 96.3. The proposal was granted in December 2014 with KZMX-FM being given 30 days to file an application to modify its facilities for the new frequency. Alex Media’s CP was subsequently given the KRCF call letters with a special operating condition that prevented it from commencing operations until KZMX-FM and as such the CP has been tolled until KZMX-FM does so.
KZMX-FM has still yet to file its application to change frequencies and as such the FCC has decided to remove the special operating condition and restarting the construction clock on Alex Media’s KRCF. Alex Media will have until July 30, 2022 to complete construction of its facility and commence operations. KZMX-FM will lose its implied STA allowing it to continue operating on 96.7 on June 11 with the agency stating that Mount Rushmore has not taken a single action to implement the mandated channel change in over seven years, accepted the construction and licensing obligations arising from the FCC’s letter order, and has thwarted Alex Media’s efforts to construct their new station in the face of competing demand contrary to the public interest. Should KZMX-FM not complete its move by June 11, they will be ordered to cease operations until they do.
The FCC has rejected Northeast Broadcasting’s Beanpot License Corp’s informal objection. WGBH had applied to move 96.3 W242AA Beacon Hill MA to 97.3 in June 2020, but following an objection filed by 97.3 WJFD New Bedford due to predicted interference, the application was withdrawn on August 18, 2020. In between, Beanpot applied and was granted a CP to increase power on their 96.5 W243DC Needham with a condition that in could not be licensed at its modified facilities until after W242AA completed its move. Beanpot argued that once the CP to 97.3 was granted, the translator was operating under an implied STA on 96.3 and could not return to the frequency citing examples from full-powered stations.
The FCC ruled against Beanpot’s argument stating, “when the Commission issues a construction permit for a translator channel change, the station’s license is not modified until the permittee voluntarily constructs the proposed facility and applies for a license to cover. In this situation, the consequence of a failure to construct by the authorized deadline is merely the expiration of the construction permit, without an impact on the underlying license. In contrast, if a translator permittee determines prior to permit expiration that it will not construct as authorized, the Commission will routinely cancel its construction permit upon request, thus enabling the same or another applicant to file an otherwise mutually exclusive application. As is the case with a failure to construct, a voluntary cancellation of a construction permit does not impact the station’s previously existing license. Therefore, in this case, we find that WGBH is not required to construct the facilities authorized in the WGBH Construction Permit and may surrender it at will.” The decision allows W242AA to now make its move to a new antenna site on 96.3, which will enable WGBH to complete its sale to Costa Eagle Radio Ventures.
ScarboroughRadio, LLC has been fined $1000 for failing to timely file its long-form application after the auction for its new allocation in Hugo CO. The full application was due by September 13, 2021, but ScarboroughRadio did not file theirs until September 30.
Lemoore Union High School District has been issued a Notice of Apparent Liability of Forfeiture proposing a $1500 fine for failing to timely file their license renewal. KGAR-LP Lemoore was due to file their license renewal application by August 2, 2021, but did not do so until October 1.
The FCC has entered into Consent Decrees with Opus Broadcasting Systems, Inc.’s KRTA Medford and KROG Grants Pass OR for failing to maintain their online public files.
The FCC has updated the FM Table of Allotments to convert the following unused non-commercial allocations in the commercial part of the band back to potential commercial use:
- Pima AZ – 107.1 – Class A
- Olathe CO – 101.9 – C2
- Olathe CO – 106.5 – C
- Otter Creek FL – 95.9 – A
- Weiser ID – 97.3 – C1
- Cedarville IL – 99.5 – A
- Greenup IL – 93.9 – A
- Pinckneyville IL – 104.3 – A
- Columbus IN – 93.5 – A
- Fowler IN – 106.1 – A
- Madison IN – 100.9 – A
- Asbury IA – 98.7 – A
- Keosauqua IA – 102.1 – C3
- Moville IA – 96.1 – A
- Rudd IA – 101.5 – A
- Council Grove KS – 104.1 – C3
- Golden Meadow LA – 105.7 – C2
- West Tisbury MA – 104.3 – A
- Cordell OK – 93.7 – A
- Weatherford OK – 105.1 – A
- Liberty PA – 107.5 – A
- Denver City TX – 97.5 – C2
- Van Alstyne TX – 99.9 – A
- Charlotte Amalie VI – 102.9 – A
- Oak Harbor WA – 94.5 – A
- Ashland WI – 102.9 – A
- Hayward WI – 94.3 – C2
- Jackson WY – 106.7 – C2
Deletions
After acquiring the station late last year, Family Life Ministries has turned in the license of 88.9 WITC Cazenovia NY.