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Whoops. Sometimes you outsmart yourself.
The deal will be restructured, so,this is just a delay. And at the very worst, Cumulus can just put it up for bid and wash their hands of it. Despite the limited signal, there are certainly plenty of potential new owners out there.
The deal will be restructured, so,this is just a delay. And at the very worst, Cumulus can just put it up for bid and wash their hands of it. Despite the limited signal, there are certainly plenty of potential new owners out there.
Here's a link to the FCC's rejection of the sale: http://licensing.fcc.gov/cgi-bin/prod/cdbs/forms/prod/getimportletter_exh.cgi?import_letter_id=43711
It's rather lengthy so if you want to cut directly to the chase, here's what the FCC letter to Cumulus said in their summation:
The APA [Asset Puchase Agreement], by providing for Whitley to be reimbursed out of the sale proceeds for any losses and expenses he incurs in operating the Station, makes it clear that all of the economic risk of operating the Station would remain with Cumulus. Likewise, because Whitley is required to remit to Cumulus all of the proceeds from the sale of the Station, less his expenses and his brokerage fee, Cumulus would retain all of the risk of loss and potential for profit from the sale of the Station to a third party. Whitley will receive his brokerage fee and no more, whether the Station is sold for $1 million or $10 million. Given these "economic realities," we conclude that the agreement between Cumulus and Whitley cannot be reasonably characterized as a proposed $100 sale of the Station to Whitley and that Cumulus would remain the owner of the Station.
Conclusion/Actions. Based on the above, we find that the Assignment Application is patently defective and must be dismissed as inadvertently accepted for filing. Accordingly, IT IS ORDERED, That the application for approval to assign the license for Station KTDK(FM), Sanger, Texas (File No. BALH-20130701ADA) IS DISMISSED as inadvertently accepted for filing, pursuant to 47 C.F.R. § 73 .3566(a).
It's rather lengthy so if you want to cut directly to the chase, here's what the FCC letter to Cumulus said in their summation:
The APA [Asset Puchase Agreement], by providing for Whitley to be reimbursed out of the sale proceeds for any losses and expenses he incurs in operating the Station, makes it clear that all of the economic risk of operating the Station would remain with Cumulus. Likewise, because Whitley is required to remit to Cumulus all of the proceeds from the sale of the Station, less his expenses and his brokerage fee, Cumulus would retain all of the risk of loss and potential for profit from the sale of the Station to a third party. Whitley will receive his brokerage fee and no more, whether the Station is sold for $1 million or $10 million. Given these "economic realities," we conclude that the agreement between Cumulus and Whitley cannot be reasonably characterized as a proposed $100 sale of the Station to Whitley and that Cumulus would remain the owner of the Station.
Conclusion/Actions. Based on the above, we find that the Assignment Application is patently defective and must be dismissed as inadvertently accepted for filing. Accordingly, IT IS ORDERED, That the application for approval to assign the license for Station KTDK(FM), Sanger, Texas (File No. BALH-20130701ADA) IS DISMISSED as inadvertently accepted for filing, pursuant to 47 C.F.R. § 73 .3566(a).
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Heck even I could afford the $100 :-0
I was shocked they even tried to get that through the FCC,,it clearly wasn't a 'sale'
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Anonymouse
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LOL if I saw a radio station being sold for $100 and I knew how to run it I'd buy it and make a huge profit. Now it looks like the license will be trashed.
even with its limited coverage it will still be worth a few million to someone
If Cumulus surrenders its license, the bidding war over the 104.1 frequency will be fearsome. It's certainly more prime than 99.9.
104.1 KTDK Turns In Its License
http://radioinsight.com/blog/headlines/84092/cumulus-sells-dfw-rimshot/
http://radioinsight.com/blog/headlines/84092/cumulus-sells-dfw-rimshot/
KKUS can only upgrade so much, if at all. The FCC's frequency allocation table still shows a class C3 FM at 104.1 in Sanger, and KKUS still has to respect that vacant allocation if it were to try to upgrade. If 104.1 C3 Sanger is deleted either through petition or through failing to get bids in multiple auctions, KKUS would be able to upgrade without regards to it. However, there's almost no chance that'll happen. That's going to be a valuable frequency when the FCC gets it to auction. I suppose it's also possible they could try to downgrade 104.1 Sanger from a C3 to an A or try to get another operator to license one of its stations to Sanger (KDXX would be a prime candidate for that) and move 104.1 out to the middle of nowhere. I don't know what the odds of either of those happening would be, though.
I initially thought KHKS might be a possibility to be moved to Sanger if Clear Channel consented, but it doesn't look like you could quite citygrade Sanger from Cedar Hill. So, it would have to be a northern rimshot. Most of those, like KFZO, are their COL's only service, though I suppose someone could also shift KFZO to Sanger and someone else to Lewisville.
I initially thought KHKS might be a possibility to be moved to Sanger if Clear Channel consented, but it doesn't look like you could quite citygrade Sanger from Cedar Hill. So, it would have to be a northern rimshot. Most of those, like KFZO, are their COL's only service, though I suppose someone could also shift KFZO to Sanger and someone else to Lewisville.
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Have a feeling they won't
But wait, there's more. Gleaned from today's FCC Daily Digest comes this item, indicating that Whitley Media and another group apparently may be trying to resurrect 104.1: http://licensing.fcc.gov/cgi-bin/ws...ation_id=1562898&File_number=BALH-20130701ADA
Note the date of the last filing is 10/21, but things are often slow to appear in the daily listings, so we can probably safely assume that the petition is still being reviewed by the FCC. Yes, KTDK's license was surrendered earlier this month but the FCC's decision to cancel the license and delete the call letters actually could be reversed. Don't know about the over/under on this, but money (real money, not $100) still talks.
Note the date of the last filing is 10/21, but things are often slow to appear in the daily listings, so we can probably safely assume that the petition is still being reviewed by the FCC. Yes, KTDK's license was surrendered earlier this month but the FCC's decision to cancel the license and delete the call letters actually could be reversed. Don't know about the over/under on this, but money (real money, not $100) still talks.
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This mess is still going on! Here's a rundown of various filings:
TX BALH-20130701ADA DKTDK 26146 SUSQUEHANNA RADIO CORP. Voluntary Assignment of License, E 104.1 MHZ SANGER, TX as amended From: SUSQUEHANNA RADIO CORP. To: WHITLEY MEDIA LLC Form 314 Dismissed as inadvertently accepted for filing (DA 13-1938).
Petition for Reconsideration Filed 09/24/2013 by SUSQUEHANNA RADIO CORP. Petition for Reconsideration Dismissed 10/18/2013 per applicant's request - no letter sent Supplement Filed 09/27/2013 by SUSQUEHANNA RADIO CORP.
Motion to Withdraw Filed 10/17/2013 by SUSQUEHANNA RADIO CORP.
Petition for Reconsideration Filed 10/21/2013 by Whitley Media, LLC and North Texas Radio Group, L.P.
Motion to Dismiss Filed 10/31/2013 by First IV Media, Inc.
Supplement Filed 11/12/2013 by Whitley Media, LLC and North Texas Radio Group, L.P.
Opposition Filed 11/13/2013 by Whitley Media, LLC and North Texas Radio Group, L.P.
For such a pipsqueak little station that has coverage just a little better than some translators on tall towers, Whitley and North Texas Radio are sure putting a lot of effort into bringing it back from the dead.
TX BALH-20130701ADA DKTDK 26146 SUSQUEHANNA RADIO CORP. Voluntary Assignment of License, E 104.1 MHZ SANGER, TX as amended From: SUSQUEHANNA RADIO CORP. To: WHITLEY MEDIA LLC Form 314 Dismissed as inadvertently accepted for filing (DA 13-1938).
Petition for Reconsideration Filed 09/24/2013 by SUSQUEHANNA RADIO CORP. Petition for Reconsideration Dismissed 10/18/2013 per applicant's request - no letter sent Supplement Filed 09/27/2013 by SUSQUEHANNA RADIO CORP.
Motion to Withdraw Filed 10/17/2013 by SUSQUEHANNA RADIO CORP.
Petition for Reconsideration Filed 10/21/2013 by Whitley Media, LLC and North Texas Radio Group, L.P.
Motion to Dismiss Filed 10/31/2013 by First IV Media, Inc.
Supplement Filed 11/12/2013 by Whitley Media, LLC and North Texas Radio Group, L.P.
Opposition Filed 11/13/2013 by Whitley Media, LLC and North Texas Radio Group, L.P.
For such a pipsqueak little station that has coverage just a little better than some translators on tall towers, Whitley and North Texas Radio are sure putting a lot of effort into bringing it back from the dead.
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A Class C3 located in the growth pattern of a major radio market will have a long list of potential owners wanting to get their hands on the license and transmitter. This is not some Sad Sack operation in BFE. It's also not AM Radio.
104.1 will be back sooner or later. No idea what format, but someone will revive it.
Sure, it's in the growth pattern but has just 6.3kW at 192 meters, and it's a 73.215 contour protection station besides. Pardon me, it was. I don't know if you really checked out their coverage but it wasn't that great in some really important areas.
Remember that we're talking about a DELETED facility, and you know the FCC's stance on those situations. Also it was Whitley who tried to pull a fast one on the FCC, which they didn't appreciate. So why are you convinced it's coming back?
Remember that we're talking about a DELETED facility, and you know the FCC's stance on those situations. Also it was Whitley who tried to pull a fast one on the FCC, which they didn't appreciate. So why are you convinced it's coming back?
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