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Fake entities with LPFM Stations

C

ChiefEngineer

When a fake entity gets a license by apparently misleading the FCC, what do they do when they find out? An LPFM in Mount Carmel Illinois (WPDQ) got a License using a non existent Corporation, Mount Carmel Public Broadcasting.

Apprently this would allow someone with a full power AM to get an FM severla years ago.

What happenhs now?
 
Then the station is licensed to an unincorporated association. It's of no legal effect as long as the membership interests were accurately disclosed at the time of the application. The commission does not give a whit whether you chose to organize as a partnership, LLC, or corporation, so long as in the case of an LPFM, it is not an sole proprietor/individual.
 
DudeFan said:
Then the station is licensed to an unincorporated association. It's of no legal effect as long as the membership interests were accurately disclosed at the time of the application. The commission does not give a whit whether you chose to organize as a partnership, LLC, or corporation, so long as in the case of an LPFM, it is not an sole proprietor/individual.
Click to expand...

Chief Engineer:

How do you know it is a "non existing corporation"? Yes, I went through the Illinois website of corporations and could not locate it. That could mean the database has errors.

It more likely means that the workload of the LPFM has overwhelmed the licensee and they have failed to file some annual report and the State of Illinois may have deleted their record.

I looked through the FCC Applications database. They included the phrase "Inc." as part of their legal organization name so they probably were a corporation at the time they originally filed. So that leaves us with the question: Did they file a "false" application in claiming they were a corporation when they were not? Is it possible they have chosen to convert from a not-for-profit corporation to a an unincorporated association to reduced paperwork and fees?

Have you called them to see if they answer the phone? Are they still in business? Have you asked them if they are a fake?
 
Chief engineer, you are taking the wrong angle with this one. The name of the applicant is simply that. What form they are conducting business has no legal bearing in terms of the Application validity. The ownership interests, however, could get them in trouble if that is not true. How you raise that issue in good faith is another matter.
 
They weren't a corporation when they filed although claimed to be one. Guy who owned AM and TV in the same town used a housekeeper at his hotel as the filer, with the non existing entity, then made his daughter president.

Station has been off over a year. They have no phone number.
 
ChiefEngineer:

I'm aware of an LPFM in a neighboring community that has been off the air since March of 2006.
The corporation holding the license is dissolved and there's no sign of a station at the address.

I went there intending to volunteer originally and discoved a house buried in woods. No sign of a station, nor did anyone know anything about it.

It's still licensed in the FCC database. (WHTR-LP)

I'm getting bored being off the air locally..and we have these LPFM clowns..sigh..
 
Gatekeeper:

We occasionally pass through near you. I'll let you know next time we're in the area.
 
I'd check non-profits registered with the state. From my understanding, if you qualify and file as a non-profit in your state, you're good in the FCC eyes.

Changes are like the weather with these little organizations. I know one group that had to completely reorganize after the application was filed and prior to the CP years later. The board figured it would never happen, lost interest and moved on. Another applicant for a LPFM was headed by a guy who died. A few years later, a CP came in the mail.

The broadcast division of the non-profit may carry a different name as well. I know two LPFMs that are under the umbrellas of organizations with no interest in broadcasting. In these cases, separate groups approached the non-profit to ask to be a part of their organization (albeit independent) for the purpose of filing for a LPFM. These LPFMs donate a small percentage of their revenue to the 'related on paper' host organization. In such cases, these LPFMs operate from homes.

While there are a bunch of 100% satellite-fed and personal jukebox LPFMs out there, there are a number who would make a real radio person proud as they are really serving their communities with all the elements of programming we radio people consider almost sacred. These few LPFMs really have an emotional bond with their audience, developing a true local identity with their mass appeal formats. In fact, one station has a big bulletin board by its studios. They record the acceptable announcement they glean from this community bulletin board for their community announcements, using local voices whenever possible. For these few, just listening to them makes you feel like you live in their town because you learn so much about the rown just listening to the station.
 
bturner:

Good points.

I keep my registered Florida nonprofit corporation alive..just in case an opportunity comes along. I founded it in 2001, but was with a licensed commercial broadcaster at that time. I was looking at an AM, and had a bit more $ then. Didn't like what the due diligence was showing and passed on dealing with that particular company.

I have also heard some very community-oriented LPFMs. I've listened to Gatekeeper's WLRE in the past, via the stream, and enjoyed it. There are some other gems out there.

That community bulletin board idea is great. Folks always want to have events announced, and using local voices is a great way to do this.

There is one LPFM on the air in my area. It is owned by a church, and to their credit, they do have some local elements. They don't have a production room, and came out to my studios a couple of months ago to record some station promos and announcements. They don't have on-air underwriter announcements, as apparently some members of the church are basically paying for it.

They're not using volunteers, though.
 
We've got one of those "personal jukebox" LPFMs out here. And he has several translators, all with more power than the LPFM, creating primary signal coverage over 60 miles. There's nobody home, his stated purpose was "educational", but simply plays oldies from a computer 24/7. The person actually running it by remote control does not show up on the license.
 
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