Sunday, November 29, 2009

First volley fired ...


The first Petition To Deny the sale of KFUO-FM to Gateway Creative Broadcasting was made public this morning, with simultaneous postings both at STLToday.com and the STLMedia Message Board.

Here's a copy in PDF that might be a little easier to read.  The Petition is said to have been delivered to the Commission by email.

The only disappointments are that, first, it's unsigned by the filers, who resort to using only a group name (signed documents always carry more weight) and, second, the transgressions by Attorney Brashear, in his direction to KFUO employees to not provide information to contact the FCC and to allegedly deny access to the station's public files are not included.

Radio stations are required by law to provide both when asked.  To not comply with those requests is to risk FCC reprisal, including fines and other punishment.

There are at least two more coming and they will be published here as soon as they hit the appropriate FCC desks...yes, I respect embargoes.

In the meantime, KFUO listeners and supporters who would rather not see the station fall into the less-than-capable hands of the prospective new owners may file comments with the FCC.  Here's the response one person received when s/he filed:

From: FCCInfo@fcc.gov
Date: Fri, Nov 27, 2009 at 11:34 AM
Subject: CIMS0000xxxxxx - FCC Consumer Center response from representative TSRxxx
To: xxxxxx (at) gmail.com

You are receiving this email in response to your inquiry to the FCC.

Dear Consumer,

During the license renewal process, listeners of the stations whose licenses are up for renewal may participate in the process either by filing a petition to deny or informal objection against a renewal or by filing positive comments about a broadcaster's service.

You can submit a protest against a station's license renewal application by filing a formal petition to deny its application, or by sending us an informal objection to the application. Before its license expires, each station licensee must broadcast a series of announcements providing the date its license will expire, the filing date for the renewal application, the date by which formal petitions against it must be filed, and the location of the station's public inspection file that contains the application. Petitions to deny the application must be filed by the end of the first day of the last full calendar month of the expiring license term. (For example, if the license expires on December 31, we must receive any petition at our Washington, D.C. headquarters by the end of the day on December 1.)

Broadcast licenses generally expire on a staggered basis, by state, with most radio licenses next expiring between October 1, 2011 and August 1, 2014, and most television licenses expiring between October 1, 2012 and August 1, 2015, one year after the radio licenses in the same state.

You can also participate in the application process by filing a petition to deny when someone applies for a new station, and when a station is to be sold (technically called an "assignment" of the license), its licensee is to undergo a major transfer of stock or other ownership, or control (technically called a "transfer of control"), or the station proposes major facility changes. The applicant is required to publish a series of notices in the closest local newspaper, containing information similar to that noted above regarding renewal applications, when it files these types of applications. Upon receipt of the application, the FCC will issue a Public Notice and begin a 30-day period during which petitions to deny these applications may be filed. (All FCC Public Notices are included in the Commission's Daily Digest and are posted on our website at http://www.fcc.gov/Daily_Releases/Daily_Digest).

As with renewal applications, you can also file an informal objection to these types of applications, or any other applications, at any time before we either grant or deny the application. Again, if you have any specific questions about our processes or the status of a particular application involving a station, you may contact our Broadcast Information Specialist for radio or television, depending on the nature of your inquiry, by calling toll-free, by facsimile, or by sending an e-mail as noted below:

If your question relates to a radio station:
Toll-Free: (866) 267-7202 (Voice) or (877) 479-1433 (TTY)
Fax: (202) 418-1411
E-Mail: radioinfo@fcc.gov

If your question relates to a television station:
Toll-Free: (866) 918-5777 (Voice) or (866) 787-6222 (TTY)
Fax: (202) 418-2827
E-Mail: tvinfo@fcc.gov

Thank you.

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