FCC Report 10/28: More Stoltz Complaints Against Entercom Dismissed

Entercom New Corporate LogoEd Stolz’ decades long one-sided war against Entercom has been deal two more defeats as the FCC has denied his Petitions for Reconsideration on the Entercom/CBS Radio merger and license renewals of the company’s Sacramento market stations.

Stoltz has been battling Entercom since agreeing to sell 106.5 KWOD (now KUDL) Sacramento to Entercom in February 1996. After multiple lawsuits on both ends Stolz was ordered to transfer the license to Entercom in 2003. Since then Stolz has been unrelenting in constantly filing objections with the FCC and legally to attempt to get the decision overturned and to hurt Entercom Sacramento any way he can to no avail. The closest Stolz came to a win was when Entercom turned in the license of 107.9 KDND Sacramento rather than take it to a license revocation hearing. Even there Stolz’ request to have his case added to that hearing was denied as meritless.

In the most recent petitions, Stolz and Deborah J. Naiman claimed that the Entercom/CBS Radio merger should be reconsidered due to the subsequent review of the failed Sinclair/Tribune merger and studies alleging “intentional news distortion” by CBS Television. The FCC restated that there were numerous differences in the deals to no warrant a review of Entercom’s, while providing “no evidence or other basis to support a finding that conduct occurring at CBS TV stations is relevant to CBS’s qualifications to assign or transfer control of its radio station licenses.”

The license renewal petition by Stolz, the same Sinclair/Tribune argument was used. The FCC found that is was dismissible on both procedural and merit based grounds. Procedurally Stolz was not a party whose interests are adversely affected but rather an informal objector as “Stolz failed to show any direct causal connection between the Commission’s grant of the applications and his alleged injury, which concerns his attempt to regain the license for station KUDL. The Petition does not challenge that conclusion or assert that Stolz is aggrieved or adversely affected. As a result, he is not entitled to seek reconsideration.” On merit, the FCC finds that those station licenses “concern conduct at an unrelated station (KDND), which we have concluded is outside the scope of the statutory license renewal inquiry. Thus, Stolz has failed to identify any substantial and material questions of fact warranting further inquiry in a hearing with respect to his claim that a contest at station KDND calls into question Entercom’s qualifications to hold broadcast licenses for the stations at issue in this proceeding.”

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