RickF said:
WWCD's run is over. 102.5 will be in Salem's hands by December 1st. What a year, Radio One is running a rock station in town and now no CD101 or 10whatever. Maybe CC can move it to CD101 @ 102.5 @ 106.7.
I think the December 1st date is probably wishful thinking, This is going to come down to a bunch of lawyers, and frankly, if I were doing this case (no, I am not a lawyer), I can think of a lot of ways to stall this action. I think I can hear the phrase irreparable harm bantering about.
the second hand story is that CD101 has a 5 year LMA agreement, they are in the first year. assuming that the obligations of the contract are being observed, on both sides, both sides would likely be expected to honor the contract.
Salem probably came in, and offered to buy the station, as they seem to do, many towns and markets, they have made other purchases here, and have offered to buy others. SALEM ALSO TRADES PROPERTIES, so that is another area to look at. I am sure they already expect to have to pay off CD101, and depending on the LMA agreement, they Southwestern may well have that right, since they probably would not be doing this if they don't.
That's where the reasonable expectation, and the irreparable harm comes in. Did CD101, when they sold their [poorer] signal, have a reasonable expectation that they would continue to remain in business. How could they be harmed, if their status changes. Granted, they made a questionable decision selling 101, but, in someones thinking, they compensated for that. If they must stop broadcasting, could they ever recover? If this went to a public trial who knows, but my guess would be that the public would be sympathetic to CD101, vs Salem, for some of the other reasons previously posted.
On the FCC level, and question or complaint causes delays, and we are nearing license renewal...not a great time to pick a fight!