Let me ask a serious question here. Would it be feasible for the FCC or a good attorney to put together a bullet point booklet or website that would be "Key Points to Know About Your License" or something. Maybe hit "Upgrades", "Death", Outages", etc. Just simple explanations of what to do if A, B or C occurs, do D, E or F. Unexpected events do happen and it affects those left behind. Maybe something like this already exists. I don't know. I do know in a lot of cases the station owner does everything, and their spouse or children are not involved day-to-day or at all.
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KAMZ Tahoka TX - What?????
- Thread starter exdjted
- Start date
Everyone handles things differently depending on the individual or family situation. Most stations have FCC lawyers, at least on retainer. There could be what's called "informal communications" between an FCC attorney and the Commission that isn't in the public filing. Such a filing could include notification that there was a death in the family, and that they plan on filing appropriate forms by a certain date-range.
I've seen examples of what this could be, but is just speculation in this case:
Dad owns a radio station for years and unexpectedly dies. Besides all the personal assets, the radio station, and all the assets contained therein are considered part of the estate. Depending on the corporate structure, there may or may not be verbiage in the articles of incorporation that address who besides Dad is in charge as a successor. The radio station assets, personal assets, and structure of how they are distributed may take time to resolve. Then there's always the challenge of trying to reach consensus of what the new corporate structure will be so the form 316 can be filed.
In my role as a station broker, I lean heavily on good FCC attorneys as my go-tos for all of those details. I insist that my clients keep one of the good ones on retainer. It's not always cheap but the alternative is always more expensive in the end, as is likely to happen in this particular case.
There are a few "how-to" guides out there, but I don't like to see people rely on them - or on messageboard advice - as a substitute for the individual attention of a good attorney, because there's so much that can go wrong. I've been in the business for 30-plus years and I'm always amazed by how much I don't know (and grateful when someone who knows more sets me straight! You never learn anything if you're always right about everything.)
That said, I don't react as viscerally as some here are doing when topics like this come up on the boards. Everything the FCC does is public record unless there's a good reason for redactions (employee salaries and contractual information), and I've learned a lot over many decades of reading all of those filings and decisions. Nobody here is interfering with whatever's happening in Texas, just observing and commenting (and hopefully learning) from a respectful distance. If one person reading this gets involved in a similar situation down the road and says "hey, this requires FCC notification. Let's engage a lawyer and make sure it's done" and saves a fine as a result, this discussion will have served a purpose.
There are a few "how-to" guides out there, but I don't like to see people rely on them - or on messageboard advice - as a substitute for the individual attention of a good attorney, because there's so much that can go wrong. I've been in the business for 30-plus years and I'm always amazed by how much I don't know (and grateful when someone who knows more sets me straight! You never learn anything if you're always right about everything.)
That said, I don't react as viscerally as some here are doing when topics like this come up on the boards. Everything the FCC does is public record unless there's a good reason for redactions (employee salaries and contractual information), and I've learned a lot over many decades of reading all of those filings and decisions. Nobody here is interfering with whatever's happening in Texas, just observing and commenting (and hopefully learning) from a respectful distance. If one person reading this gets involved in a similar situation down the road and says "hey, this requires FCC notification. Let's engage a lawyer and make sure it's done" and saves a fine as a result, this discussion will have served a purpose.
I know that we, as people in the business, know what to do. I just wonder if there isn't a simple checklist that could be created to help.
Say Dad owns a station in Kansas, and does sales, p-b-p, mornings, everything. His wife shows up to Chamber of Commerce banquets but doesn't do day-to-day or care, and daughter lives in Virginia and has been in the station twice in the last 10 years. If Dad dies suddenly, I just think it would be helpful to have something written down to help guide someone. Certainly we've all been overwhelmed at times, and if Dad never mentioned the FCC attorney, Mom and Daughter may not even have a clue who to look for.
I don't think about my own demise daily, but I know I could die today, and I hope my wife remembers that I have written down what to do just in case, other than "Chuck him on the woodpile and light him up!" I know some people who have taken years to work through a death, and never really get on with their own lives, much less being able to take care of business matters on top of it.
Maybe just a list to fill out.
FCC Attorney__________
Tower Lights___________
Chief Engineer__________
Format Provider_________
Just things we take for granted that someone else may have no clue about.
I have a friend whose Mom just passed away in her 60s (her Dad, sadly passed away a few years before), apparently left no will or instructions, and it's been a nightmare and she's finding nothing happens quickly. Now imagine a radio station.
The thread may have started as a "gotcha", but we stumbled into a good topic.
Indeed, that is done regularly with noncommercial educational stations as board members change.
Dave B.
I hope the FCC is more forgiving that the IRS. I am coexecutor of my parents estate. We made the mistake of selling a piece of property that we had transferred the title to ourselves then sold. We ended up paying capitol gains tax on the increased value from Mom's death. Had the estate sold it, it would have been responsible for the taxes but it was at a lower tax rate due to some uncollectible debts and stock sales that were negative. I should have caught it but I really haven't got over their deaths.
BTW We have a new attorney.
If the Heirs of KAMZ get their act together, they will be able to claim the station's value at 2011 minus it's value now when they transfer it to themselves. Could be totally tax free.
BTW We have a new attorney.
If the Heirs of KAMZ get their act together, they will be able to claim the station's value at 2011 minus it's value now when they transfer it to themselves. Could be totally tax free.
What Scott said. That list would be endless, and by its very nature cannot be totally inclusive. In fact any responsible station owner would do well to read through the entirety of parts 73 and 74, including the references to other parts - especially EAS in part 11. Not so much to memorize it, but just to be aware that something in there pertains to their particular situation. When that thing comes up - that's when you enlist the help of an attorney. Now that I think about it, that list does exist. It's all in parts 73 and 74.
Dave B.
This hits very close to home, as I'm sitting in my dad's hospice room with him awaiting the end.
I've spent a bunch of time with lawyers and financial planners making sure everything is accounted for and in order, and I'm sure there are still pieces we've overlooked.
He ran a sole proprietorship and wound everything down when he retired 15 years ago, so there's no business to deal with, at least, but it's absolutely something that any active business owner, broadcasting or otherwise, should have plans in place for.
I've spent a bunch of time with lawyers and financial planners making sure everything is accounted for and in order, and I'm sure there are still pieces we've overlooked.
He ran a sole proprietorship and wound everything down when he retired 15 years ago, so there's no business to deal with, at least, but it's absolutely something that any active business owner, broadcasting or otherwise, should have plans in place for.
My thoughts are with you.
Sorry to hear that Scott. I went through the same two years ago. The best to you and yours in such a tough time.
They should, but many thinks it can't happen to them. If you asked my wife, she'd probably say I suffer from the same. Fortunately, I don't have any ownership stake in broadcasting going forward.
H
Harvey_Dogg
Guest
My sister's husband was a radio station owner who died suddenly from Covid19. Sis called the FCC's Audio Division and told them what had happened. They were very helpful and walked her through the transfer step by step.
Fortunately her husband left a list of passwords for everything. He wore maybe 10 hats, everything from GM, to sales, to DJ, to Chief Engineer.
Fortunately her husband left a list of passwords for everything. He wore maybe 10 hats, everything from GM, to sales, to DJ, to Chief Engineer.
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On the positive side, I found we had paid fees we didn't need to pay due to our non-profit status, and we were able to get a
I'm very sorry to hear that. Grace and peace.
There is never a good time for passing; the only solace is that love and respect are immortal. The Irish in me says to celebrate the life rather than lamenting the passing. My deepest thoughts and prayers for you and your family.
People slam the FCC all the time, but my overwhelming experience with the staff there has been that they want to help responsible broadcasters do things the right way. I have several trusted contacts at the Audio Division who have gotten me out of several binds over the years and helped me overcome any number of bureaucratic obstacles to get things done.
H
Harvey_Dogg
Guest
The FCC has helped me through the years too. Scott, I'm so sorry about your dad. Peace!
I've had exactly one phone call with an FCC employee, she was very helpful.
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