A jilted buyer tries to stall a station transfer in New York state. Great Radio claims the FCC should require former owner Robert Pfuntner to use Form 315 instead of Form 316, and there’s a big difference.
Back in March, control of Pembrook Pines Mass Media and its three stations was transferred from Pfuntner to receiver Richard Foreman. They used Form 316. That’s more commonly used for a reorganization among existing owners, but is also appropriate for the involuntary transfer of a controlling interest to a court-appointed trustee or receiver.
Then this Summer, Foreman held an auction for Bath-licensed sports WABH (1380) and AC WVIN (98.3). Great Radio was the winner. Pfuntner was the winning bidder for AC “Q93.5” WQRW, Wellsville.
Then things got messy. Pfuntner told the court in September that he’d voluntarily deposited enough money to satisfy one of his creditors, and he wanted the two Bath stations returned to him. The federal court agreed on November 6, and ordered the receiver and other parties to make the FCC filing.
Now Great Radio says the transaction is not “involuntary,” since Pfuntner voluntarily put money in the account – and since he’d be holding 100% of the votes and total assets, so there’s a real transfer of control, from 0%.
Yesterday’s FCC Daily Digest carried news of Great Radio’s objection.
It argues the public interest would be served by having deeper consideration by the FCC, and an opportunity for outside comment on matters like Pfuntner’s legal and financial qualifications.