FCC Report 11/19: Roy Henderson Goes 0 For 2

FCC Actions
The FCC has rejected Roy Henderson’s Petition For Reconsideration for the deletion of 99.7 KROY Palacios TX. Henderson had previously admitted to operating KROY from March 1 through 9, 2013 and December 23, 2013 through January 2, 2014 at sites without a license or STA while mostly being silent from the dismantling of its tower in November of 2007 and March 15, 2014 when it began Program Test Authority from its replacement site. Henderson argued that the agency overlooked the station’s service to Palacios TX since 2000, his application in 2016 to sell KROY to New Wavo Communications for $550,000 and his efforts to restore broadcast operation, while claiming that the FCC ignored statements from local listeners that KROY did broadcast during the relevant time period although it was a site without a CP or license to do so. He also argued against the agency’s “conclusion that operating without an STA extension constitutes unauthorized operation”.

Henderson and his N Content Marketing also lost their proposed rule making for revisions to the Table of Allotments in Michigan. N Content Marketing (100% owned by Henderson) originally proposed to add a new Class C2 on 97.1 in Gaylord MI before Henderson through his Great Northern Broadcasting System filed for a counterproposal as did Smile TV. The first counterproposal which would have seen five stations be modified with four new allocations created was found as technically acceptable as would not result in a preferential arrangement of allotments and two of the new allocations would be shortspaced to existing stations. Smile’s proposal to add a noncommercial Class A on 97.1 in Gerrish MI was not filed as a reply to the docket and the FCC is giving it the option to refile it in a separate petition.

The agency also stated that Henderson did not file comments expressing its
continuing interest in pursuing the Gaylord proposal on its own while going against existing policy as to requiring an explanation why the original petitioner did not just file his counterproposal originally to avoid nnecessary expenditure of staff resources, without any offsetting public interest benefit, that results when a party proposes two
conflicting proposals in a single rule making proceeding and the potential for abuse where the same party files a petition for rule making and then files its own conflicting counterproposal to cut-off competing petitions or counterproposals from another party.

The FCC has reinstated the license of Cortaro Broadcasting Company’s 1150 KCKY Coolidge/Phoenix AZ. The license had been deleted in June for a red light delinquency of unpaid debts owed to the commission. While restoring the license the agency has kept the station’s license renewal in a pending state while issuing an Order to Pay or to Show Cause whereupon Cortaro must pay the $68,407.26 in unpaid regulatory and late fees owed to the agency for 2008 and 2011 through 2015 or show cause for why the payment is inapplicable or should be waived or deferred within 60 days or the license will be revoked.

Deletions
Valleydale Broadcasting’s 106.3 WZNN Maplesville AL (which held an application to relocate to the Montgomery market on 106.5 Holtville) has been deleted after the FCC was given proof from Frontdoor Broadcasting that the station had not been operating since November 2015. WZNN filed a Silent STA in February 2016 that it went silent on 11/25/2015 because it had been “forced to dismantle its transmitter location due to a disagreement with the property owner”. WZNN then filed a Resumption of Operations on 11/22/2016 stating it had resumed operations from its licensed facility and then filed for the move to Holtville in June 2017. In a petition to deny that application, Frontdoor gave a letter from the tower site owner that the WZNN tower was removed in 11/2015 when they stopped paying rent and that electrical service had been stopped at that time. The site owner also alleged that a nearby site was being used to operate a radio station. Valleydale then applied for an STA on October 25 claiming that it did resume operations from an alternate site and had been operating there since 11/22/16. As it had not operated from its licensed facility for more than 12 months the agency considers WZNN’s license to have expired and due to operating in bad faith in regards to lying to the agency about its operation orders Valleydale and any of its principles R3 Partners LLC, Paul H. Reynolds, Joan K. Reynolds., Lee S. Reynolds, and Lyle S. Reynolds to include a copy of that order in any facility applications it files for the next five years.

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