FCC NOV For 92.5 K223CW

[BamaTX]

There are other stations that appear to also be in control of people other than the licensee name. Maybe it is time for all stations to have to file ownership reports.

Which station?

But that's besides point. As long as no financial considerations are being exchanged, it's practically kosher for LPFMs to air whatever programming they want as long as they can make the case that it furthers their educational and/or religious purposes. If the City of Conroe believes that working with Lone Star furthers their objective, then what's the issue?

 

[davideduardo]

I'm going to have to stop you right there. Wikipedia is not the official mouthpiece of the City of Conroe.

It's not the official mouthpiece of anything or anyone.

A while back, I compared actual facts about individual station histories with the Wikipedia listings for each station and found that about 75% were incomplete or factually inaccurate.

 

[davideduardo]

In Conroe's case, they appear to be licensed to the City of Conroe, therefore it is licensed to the Citizens of Conroe.

Legally, that is not true. "the citizens of Conroe" is not an incorporated entity nor can they hold a license. A non-profit organization that meets FCC requirements can be the licensee, but it is that group and its officers who "report" to the FCC, not Joe and Josephine and non-Binary Jo Citizen.

 

[Engineering]

Legally, that is not true. "the citizens of Conroe" is not an incorporated entity nor can they hold a license. A non-profit organization that meets FCC requirements can be the licensee, but it is that group and its officers who "report" to the FCC, not Joe and Josephine and non-Binary Jo Citizen.

This is true. However, if the City of Conroe levies a tax against the Citizens of Conroe, and the Citizens of Conroe vote for the Mayor and City Council of Conroe, then they are acting on their behalf as their representatives.

Therefore, the LPFM licenses held by the City of Conroe are owned by a representative of the people who live there.

 

[WellDone1]

"...stations that appear to also be in control of people other than the licensee name..."

More interesting legal questions here connected to your statement.

FCC rules state that it is a violation to transfer control of a station to someone else without authorization. However, if the licensee -- whether an individual or corporation -- hires employees or contractors to maintain, operate, and program the station, is that an invalid transfer of control? If so interpreted, then only the iHeart and RadioOne board of directors would be allowed to operate the transmitters and get on the air, not their employees and contractors.

When you have a nonprofit station such an an NCE or LPFM, the licensee almost never has employees or contractors. They have volunteers. They actually depend on these volunteers for programming, to solicit donations, and generally keep the station on the air. KPFT is the best example. Pacifica, the licensee, is based in Los Angeles. KPFT has its own volunteer board in Houston that votes on who to hire to be the station manager. Programming is either syndicated or produced by local volunteers. While Pacifica is technically the licensee, the California-based nonprofit has almost ZERO control over the Houston station.

A "transfer of control" violation occurs only when a licensee -- or his representatives, employees, contractors, and/or volunteers -- relinquish total control of the transmitter to the extent the licensee no longer has access to shut it off if requested by the FCC.

 

[Engineering]

More interesting legal questions here connected to your statement.

FCC rules state that it is a violation to transfer control of a station to someone else without authorization. However, if the licensee -- whether an individual or corporation -- hires employees or contractors to maintain, operate, and program the station, is that an invalid transfer of control? If so interpreted, then only the iHeart and RadioOne board of directors would be allowed to operate the transmitters and get on the air, not their employees and contractors.

I think you would first have to define what “transfer control” means. The licensee delegates authority to employees or contractors to operate, repair or maintain a broadcast facility. These individuals are clearly not the licensee, but they are performing under the supervision and authority of the licensee. If they are not doing their job properly, they can be suspended or terminated. This is exercising control.

When you have a nonprofit station such an an NCE or LPFM, the licensee almost never has employees or contractors. They have volunteers. They actually depend on these volunteers for programming, to solicit donations, and generally keep the station on the air. KPFT is the best example. Pacifica, the licensee, is based in Los Angeles. KPFT has its own volunteer board in Houston that votes on who to hire to be the station manager. Programming is either syndicated or produced by local volunteers. While Pacifica is technically the licensee, the California-based nonprofit has almost ZERO control over the Houston station.

In the case of KPFT, even though they have a local volunteer board, they are clearly under the control of the parent organization, Pacifica Foundation. Don’t believe me? Just follow the money. When their real estate on Lovett was sold, who received the proceeds of the sale?

KACC is another example of control. While it seems that the students are running the station, they are under the influence of the instructors, who are under the control of Alvin Community College, who is the licensee.

Ditto for KTRU. Or, should I say, what was formerly KTRU. While it appeared, and was often promoted, as a student-run radio station, the students actually didn’t have authority or control. Once again, follow the money. Rice University (the licensee) sold the station to University of Houston, which in turn sold it to KSBJ Educational Foundation. Of course, tge Rice University students put up a valiant protest, but in the end the Administration showed them who was really in control.

 

[Deleted member 108832]

Of course, tge Rice University students put up a valiant protest, but in the end the Administration showed them who was really in control.

Ha! The student body knew exactly who was in control of KTRU when the station hired a real General Manager, and was then required to air most Owl sporting events, right around the turn of the century. Of course, a couple members of the rebellious airstaff got peeved when a scheduling conflict caused the cancelation of their weekly show, and then took it upon themselves to concurrently play unedited punk rock music during the game broadcast. The next day, KTRU was running World Radio Network off of the bird, the students and station manager locked out of the studio, and University administrators threatening to leave KTRU that way if the students who volunteered at the station didn't fully comply with all requirements set forth from then on out.

The students who worked at the station were well aware that they weren't calling any shots long before the divestiture to U of H.

 

[Engineering]

Ha! The student body knew exactly who was in control of KTRU when the station hired a real General Manager, and was then required to air most Owl sporting events, right around the turn of the century. Of course, a couple members of the rebellious airstaff got peeved when a scheduling conflict caused the cancelation of their weekly show, and then took it upon themselves to concurrently play unedited punk rock music during the game broadcast. The next day, KTRU was running World Radio Network off of the bird, the students and station manager locked out of the studio, and University administrators threatening to leave KTRU that way if the students who volunteered at the station didn't fully comply with all requirements set forth from then on out.

The students who worked at the station were well aware that they weren't calling any shots long before the divestiture to U of H.

As I said, follow the money.