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KTNR Kenedy tries again

J

jd

As expected another application has been filed to change the station's license to specify non-commercial operation. This would have a bearing on their network of translators, including K296FD Luling, as discussed here recently. Here's the narrative from the application:

EDUCATIONAL PURPOSE

THE ASSIGNEE IS A NON-PROFIT ORGANIZATION. THE EDUCATIONAL PURPOSE OF THAT ORGANIZATION IS TO PROVIDING (sic) SPIRITUAL AND BIBLICAL TEACHINGS. PROGRAMMING UPON THE STATION WILL INCLUDE PROGRAMMING PROVIDED BY THE AMISTAD CRISTIANA CHURCH AND WILL INCLUDE EDUCATIONAL PROGRAMMING THAT INCLUDES CLASSES DEVOTED TO LESSONS FOCUSED ON SPIRITUAL LIVING, VALUES APPLICABLE TO DAILY LIFE, AND BIBLICAL TEXTS.
 
The assignee is NOT a non-profit organization. The assignee's are individuals. Plus the fact that the stations sell commercial spots voids them of a non-profit status. I hope the FCC doesn't fall for that and denies them again.

Even if they change KTNR to a non commercial station, they still won't be able to feed the translators they own via satellite or internet feed based on the fact that the translators are in the commercial band. So the whole point in changing KTNR to a non comm is useless. (unless they plan on purchasing some other translators in the non comm band but even then the translators here in San Antonio would be operating illegally)
 
fredcantu said:
Maybe they're just making the move to non-comm for tax purposes.
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Whatever the reason they'll need to prove their eligibility under USC Section 501 (c)(3). Although the "not-for-profit" box was checked on the application there apparently was no exhibit to qualify that.

Incidentally, the original application concerning the change to non-commercial status was filed by Issac Ruiz Mora, Samuel Ruiz Mora, et al, as partners. Contingent with that change is a transfer of the license to Multimedios Radio Ola (based in San Antonio), whose officers and directors are Issac Ruiz Mora, Samuel Ruiz Mora, Felix Fernando Ruiz and Ofelia Mora de Ruiz. This move to transfer the license from these individuals to the supposed not-for-profit company as described is, shall we say, questionable at best. Here's the pertinent statement: THERE IS NO WRITTEN AGREEMENT. THE PROPOSED TRANSACTION IS AN INTERNAL ENTITY REORGANIZATION FROM A PARTNERSHIP TO A NON-PROFIT CORPORATION. THERE WILL BE NO CONSIDERATION EXCHANGED.

THE ASSIGNEE IS SIMULTANEOUSLY FILING AN APPLICATION ON FCC FORM 302-FM TO CONVERT KTNR TO NON-COMMERCIAL STATUS AND ASKS THAT THAT APPLICATION BE PROCESSED IN TANDEM WITH THE INSTANT APPLICATION.
 
Marcel A. Yanez said:
The assignee is NOT a non-profit organization. The assignee's are individuals. Plus the fact that the stations sell commercial spots voids them of a non-profit status. I hope the FCC doesn't fall for that and denies them again.
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UPDATE: The FCC approved the transfer March 9th. But there are still a lot of unanswered questions. As noted previously there was nothing in writing to execute the transfer to Multimedios, just a verbal agreement, and from what I can gather there is no proof of their supposed "non-profit" status, unless it appears in exhibits in the application that aren't being made public. A search of IRS data shows nothing about Multimedios at this point. Now if the FCC based its decision on a statement from the individuals that they had applied for non-profit status and were awaiting certification, that would be clearly wrong. But without seeing those missing exhibits, of course, there may be no way to find out what really happened. For what it's worth, it should be noted that while the FCC decision of March 9th approved the transfer of the station, it apparently hasn't approved the contingent application for modification of KTNR's license to specify non-commercial operation, at least not yet.
 
jd said:
As noted previously there was nothing in writing to execute the transfer to Multimedios, just a verbal agreement, and from what I can gather there is no proof of their supposed "non-profit" status, unless it appears in exhibits in the application that aren't being made public. A search of IRS data shows nothing about Multimedios at this point. Now if the FCC based its decision on a statement from the individuals that they had applied for non-profit status and were awaiting certification, that would be clearly wrong. But without seeing those missing exhibits, of course, there may be no way to find out what really happened. For what it's worth, it should be noted that while the FCC decision of March 9th approved the transfer of the station, it apparently hasn't approved the contingent application for modification of KTNR's license to specify non-commercial operation, at least not yet.
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When I worked in state government, part of my job was finding out if businesses were actually 501(c)(3) exempt. It can take more than 6 months to receive your official notice of being 501(c)(3), and verifying employers' claims was practically impossible. We usually had little choice but to take them at their word.
 
There is no way they are translating KTNR 92.1 FM to those two San Antonio translators off an actual on air feed. You can't even pick up KTNR in Poteet much less all the way up North in Hollywood Park. I've heard their translators in San Antonio and there isn't one bit of hash or static as you'd expect to find on translators trying to pull in a signal from a long distance away. The fact that KNBT in New Braunfels is another 92.1 FM that is much closer and a lot more powerful makes it almost impossible for that to actually occur with no interference. How did the FCC even grant this in the first place? K222BS in Lackland City was originally licensed as K221EX and they claimed on the license to be translating KTNR. Both of those stations are on 92.1 FM!?!? Wow! I want to see how that would have worked out. Now that translator has a CP to move to 105.9 (again...how did that happen? how can 92.3 move all the way to 105.9? are they paying someone off at the FCC?? lol) I was in San Antonio about 3 months ago and I heard 105.9 actually on the air. Even their website is listing it as on the air but yet I don't see anywhere on the FCC's database where they ever filed a license to cover for that CP. I was in the Universal City area while listening to 105.9 but their CP shows the transmitter location to be way West of San Antonio near San Geronimo Airpark. 99 watts and 98 feet in the air is not even going to make it to downtown San Antonio much less in Universal City. They are either transmitting from another site or have a 1KW transmitter that's blowing some smoke to get that signal all the way over there. All of the translators owned by Issac Ruiz Mora, Samuel Ruiz Mora Et Al. are in the commercial band. They have to be fed with the actual over the air signal of KTNR even if KTNR does get it's non commercial status granted and well that's never going to happen. Why they haven't been busted and shut down is beyond me. They must think that switching KTNR to a non commercial station will allow them to operate those translators legally if they continue to feed them over an internet audio feed. They will only be allowed to do that with translators that are located in the non-comm band and those translators will have to be licensed under the same non profit entity that operates the main non commercial station. I'm surprised no other broadcaster in San Antonio has raised a red flag about what they are doing. It doesn't take a genius to quickly determine they are operating illegally.
 
I drove through Kenedy and Karnes City today and KTNR was back on the air but it sounds horrible!! It sounds like they are feeding it from their studios (which isn't legal) in San Antonio via an internet feed or internet stl of some sorts. The audio is totally over driven and distorted. All the highs are cranked up to the point where my ears were pierced with the audio and the low end is so low that the speakers in my car sounded like they were going to blow. Everything was almost inaudible because of the distortion. It's that bad! They're also not putting out 6000 watts because I didn't pick them up until I was a few miles into Karnes City and as soon as I drove a couple of miles past their transmitter going towards Beeville, the signal was gone. They must have stuck a 100-300 watt transmitter in there just to get back on the air.
 
We should have known it was only a matter of time before the FCC approved the license modification for KTNR, "To Specify Operation as a Non-Commercial Educational FM Station." That authorization was given on March 23rd.

It's clear that the FCC doesn't care whether the individuals listed in the transfer documents actually qualify as a non-profit entity. They apparently don't care if KTNR is operating at greatly reduced power, or in fact, whether it's on the air at all, nor do they care about all the translators. So now KTNR and its network of translators is free to conduct business as usual. The agency charged with the regulation of the airwaves has once again proven that they would rather allow shenanigans like this one instead of stopping the weasels who are behind them.

Quoting from the authorization, "This license is issued on the licensee's representation that the statements contained in licensee's application are true and that the undertakings therein contained so far as they are consistent herewith, will be carried out in good faith." I feel compelled to say that in most cases lying to government agencies can still be considered a punishable offense.
 
jd said:
Quoting from the authorization, "This license is issued on the licensee's representation that the statements contained in licensee's application are true and that the undertakings therein contained so far as they are consistent herewith, will be carried out in good faith." I feel compelled to say that in most cases lying to government agencies can still be considered a punishable offense.
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This is exactly what I was talking about. The FCC doesn't have any real way to verify that the new ownership is a legitimate 501(c)(3). So, they're taking them at their word. Yes, it's illegal to lie to a government agency, but there's not likely to be much of anything the FCC can do. One of the biggest frustrations during my time as a liability deputy was that you knew people were lying to you, but you couldn't do anything about it. If they came back and said there was a problem getting their 501(c)(3) exemption, I usually had little choice but to, once again, just take them at their word that they were getting it fixed. So, I'd have to give them yet another 6 months or so before following up, when I'd often get the same story. If they told me it didn't work out and that they were going to go in a different direction, there was little I could do to penalize them. I could go back and assess them for back taxes, but that was about it. Maybe it works differently at the federal level. I suppose the FCC could try to take their license, but that doesn't look likely, if even possible, based off of this information. If they acted in good faith to get a 501(c)(3) and were just incompetent, I can't imagine there would be much of a penalty.
 
You would think that the FCC would require some sort of proof of a 501c. Even Paypal demands proof. They will limit an account that has been set up to receive donations as a non profit until you fax or upload proof that you are indeed registered with the IRS as a 501c.


As far as Kent's statement about there not being would be much of a penalty if they acted in good faith, I'll just say this...them having a 501c or not or KTNR operating as a non comm still doesn't do anything for them running two commercial band translators illegally by feeding them directly with programing from studios located there in San Antonio. The main station (KTNR) doesn't have studios in Kenedy or anywhere near the actual transmitter location. KTNR can't be the main station feeding the translators off the air because technically it's impossible. So unless the owners purchase a rim shot station outside of San Antonio (like KHHL) and feed those two translators with it's off air signal, I don't see any other way for them to run those translators legally. I see major penalties here. The FCC just needs to enforce their rules and crack down on these folks.
 
jd said:
The agency charged with the regulation of the airwaves has once again proven that they would rather allow shenanigans like this one instead of stopping the weasels who are behind them.
Click to expand...

Speaking of weasels just take a look at K272EK 102.3 FM here in San Antonio. This is a translator owned by Gerald Benavides. He claims K272EK is translating KJMA but it isn't. Just turn your radio on and listen for yourself. He is running this translator as a regular FM radio station. It's called La Zeta De San Antonio. (The Z of San Antonio) I guess he couldn't call it "La Ley" like all his other stations since BMP already had a La Ley station here in San Antonio. He has been running this translator illegally since January 2009 and the FCC hasn't done anything. Gerald Benavides is another broadcaster who should be deemed unfit to hold any FCC license. He runs all of his stations illegally. He doesn't even try to hide the fact that he runs them illegally. He has a translator in Victoria, TX K290BC 105.9 FM that he is translating his Yorktown station KGGB 96.3 FM (which is also illegal since they are both owned by him) but up until a couple of weeks ago, KGGB was off the air for almost 2 months and yet, K290BC 105.9 was still up and broadcasting programming? Sounds like it's being fed directly. He does have studios in Victoria so my guess would be he is doing some sort of STL link to the translator. (Again, highly illegal) But back to the K272EK situation here in San Antonio. They give out a local number to call so I'm guessing they have studios here in town for that translator. He has a drop that airs a few times an hour that says La Zeta 87.7 and 102.3 FM but 87.7 (also owned by him) is broadcasting a Spanish Christian format called "Radio de Alabanza" and has been for a while now. But nonetheless even if 87.7 was broadcasting his La Zeta format that is STILL illegal to translate on 102.3 since 87.7 is an audio subcarrier on analog channel 6 tv.

All I know is that if the FCC spent a few days here they would have a field day with all the fines they would hand out.
 
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