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Roy Henderson and Public Information Files

9

93QClassic.com

Guest
I've got a question for all you radio experts. Today, I perused the FCC databases and the internet looking for the locations of Roy Henderson's radio stations KROY 99.7 Palacios and KEMA 94.5 Three Rivers. Of course, the FCC lists the physical tower location, but not the studio. When I called the number listed for the stations in the FCC database, I got connected to Michigan. I said I wanted to look at the public inspection files for KROY and KEMA and asked for the physical location of the records. The lady put me on hold for a few minutes, then hung up. I called back, and got put on hold again. When she finally returned, she instructed me to go to the public library in Three Rivers, and use their internet to access FCC records online.

I've been to numerous radio stations, even worked at a few. Its well known that our resident FCC agent likes to check the files for compliance, and one of the most important things a station manager does is maintain those files. At one station I worked, I recall a prominently posted memo that everyone had to initial. It instructed us that if anyone ever asked to see them, to (1st) give immediate access, and then (2nd) call the manager to let him know the files were under inspection.

And that brings me to my question: How does Roy Henderson manage to avoid FCC fines for not maintaining and/or making public inspection files available? For that matter, how does he hold on to -- even renew -- broadcasts licenses for stations that are dark for years without silent STAs. What makes this guy so special?
 
Have you ever thought to file a challenge? That might draw some attention.

The current FCC wants stations to post their public files online. See below:

“Common sense” update to harness broadband to increase transparency

Washington, D.C. - Broadcasters have kept what are now known as “public files” on paper since 1965 as
part of their longstanding obligation to disclose community-relevant information for public review. The
public has been able to exercise its right to this information only by visiting a broadcast station and asking
to see the public file. Today, without introducing any new substantive requirements, the Federal
Communications Commission (FCC) updated the existing disclosure procedures to move the public file
from paper to the Internet.
 
Last edited:
This info is from Palacios Beacon newpaper today:

On June 23, 2014, and Application was filed with the Federal Communications Commission seeking consent to the Assignment of Broadcast
License of Radio Station KROY(FM),Palacios, TX from Roy E. Henderson to KSBJ Educational Foundation. KROY operates on an assigned
frequency of 99.7 Megahertz, with an effective radiated power of 100kilowatts. The owner of KROY is Roy E. Henderson. The Officers and/or Directors of KSBJ Educational Foundation are: Tommy McDermott, Harvey Brown, Alex Suescun, Glen Gilchrist, Heather Puca, Kenneth Bolton, Cyndi Stewart, Michael Murphy, Guy Lipe, Rodrigo Jimenez, JosephParle, John Van Leeuwen, Tammie Head.
A copy of the Assignment Application is available for public inspection on-line at www.fcc.gov or during business hours at 1012 County Road 442, Blessing, Texas. (28-3tc)
 
Thank you The BigA and Sporty. I will do just that. This is being forwarded to the FCC today.

NEW BEGINNINGS HOUSTON
P.O. Box 310841
Houston, Texas 77231


24 July 2014

Peter H Doyle, Chief Audio Division
Federal Communications Commission
445 12th Street SW
Washington DC 20554

RE: KROY Palacios, TX

Dear Sir:

The purpose of this letter is to petition the FCC to deny the current application of Roy Henderson to transfer ownership of KROY Palacios, TX, and to suspend and/or revoke said license.

Roy Henderson is well-known as one of the most non compliant broadcasters in the industry. He’s not interested in actually operating radio stations, but rather in the profit to be made by grabbing up licenses and holding them until he finds a buyer. He currently holds about a dozen radio licenses, of which more than half are not being operated in the public interest, but rather sit dark and unused. The ones that do operate maintain an unpredictable on/off schedule, and seldom operate anywhere near the power needed to cover the licensed area.

In reference to the specific KROY license, this license for this station should have been cancelled many years ago. It was dark for years, only to be recently revived with a directional antenna focused at another licensee’s service area – an attempt to pressure that licensee into an unwanted transaction. See Informal Objection and Request For Immediate Suspension of Operation filed by New Wavo Communication Group In Re KROY #BLH-20140325AAE. https://www.facebook.com/ajax/messa...0835:d21113657c3f532564&hash=AQDgIIqc5g-dZxHg Roy Henderson, by and through his lawyers, has filed numerous silent STA requests for KROY – among many other stations -- with false affirmations that clearly constituted perjury. It would be time consuming to list here all the instances of perjury in other broadcast petitions; a simple search on Google of Roy Henderson’s name and the word “perjury” will produce these.

For these reasons, the undersigned opposes any transfer of this license, and requests that the license be in all things cancelled.

Sincerely,


Joe Donalson
 
What the heck? You're trying to stop KSBJ from acquiring KROY?

Think, man! KSBJ will be the best steward you could ask for. It will always be in compliance, and ON THE AIR!

I've given you encouragement on your other ventures, but not this one. For goodness sake, the best thing that has happened to the Palacios allocation in a long time, and you want to stop it?

I'm at a loss, Joe, and dead set against you accomplishing this. I know your miffed about what happened with KVDO, but go after one of his long suffering, long silent stations if you're blowing the whistle. Don't muck up KSBJ's ability to actually restore something beneficial and worthwhile to this signal.
 
Nothing against KSBJ. Great station. I even have a Facebook friend who works there. The bottom line is that KROY should have been cancelled because it was off the air longer than 12 months without a valid silent STA (e.g. one that wasn't obtain under false pretenses). Just like KEMA down in Three Rivers, where Roy filed for a silent STA claiming that he needed time to replace a vandalized coax. He needs two years to do that? Sorry folks, but Henderson is manipulating the system. He also messed me over, and until he makes it right I am going to continue shed light on all of his illicit activities, and oppose anything he does that is illegal, unethical, or gives him undeserved financial gain.
 
Here's another PROTEST to KROY that was just shared with me:

This letter shall serve as a formal protest to the Application for License BLH-20140325AAE and Assignment of License BALH-20140623ACE for KROY FM, Facility 77693. This station has forfeited its authorization by being silent for over a year and also filing of fraudulent applications for Special Temporary Authority, BSTA-20081021ADB and BSTA-20090622AAV.

I am a Contract Engineer who has been servicing the area around this station since 2005. I am personally aware that it has been silent since 2007 when it lost its tower site and the tower was dismantled. I have also secured statements from Palacios residents that there has never been a tower or other supporting structure anywhere near the coordinates designated in BSTA-20081021ADB and BSTA-20090622AAV.

By the timing of the STA’s issued, there have been significant gaps in alleged times of on-air operation vastly exceeding 365 days, thereby nullifying the license for failure to operate in excess of one year. There have also been violations of the time required to notify the Commission of operating with parameters at variance and the filing of an STA. The first STA, BLSTA-20071106ADC was applied for on November 6, 2007, with a silent date of October 24, 2007, and was a request for silent authority due to the tower owner dismantling the tower to which the station’s antenna was attached. This STA expired on May 6, 2008 and an extension was requested, BLESTA-20080505AEK, on May 5, 2008, which was dismissed on December 2, 2008. Prior to the dismissal, a reduced power STA, BSTA-20081021ADB, was filed on October 21, 2008, requesting six months of operation at reduced power at a temporary location of 28° 42’2”N, 96° 13’ 1”W, in a vacant lot at 5th and Commerce Streets in downtown Palacios, Texas. Eight months later, on June 22, 2009, another STA request, BSTA-20090622AAV, was filed, two months after the expiration of the previous STA (73.1635 (a)(4) violation). This STA was granted and had an expiration date of December 25, 2009. No further STA requests were made for almost three years, until May 15, 2012, BSTA-20120515ABY. This STA requested six months of silent authority as the station had allegedly lost its temporary transmission location, and went silent on March 2, 2012, filed 74 days after allegedly going silent (73.1560(d), 73.1740(a)(4) violation) and almost 2-1/2 years after the expiration of the last STA authorizing operation at reduced power at a temporary location (73.1635 (a)(4) violation). This STA was granted on August 2, 2012 and would expire on March 2, 2013, one year from the alleged silent date. A subsequent STA request, BLSTA-20130327ABP, was filed on March 27, 2013, requesting silent authority from March 9, 2013. This STA was granted on June 11, 2013 with an expiration date of December 11, 2013. No explanation or STA request is on file showing what location KROY allegedly occupied upon its resumption of operation, and when that resumption supposedly occurred. Now KROY has filed an Application for License, BLH-20140325AAE, to cover Construction Permit BPH-20120713ADI, yet has failed to demonstrate continuous broadcasts under STA, without authorized silent periods exceeding 365 days, from October 24, 2007 until the instant filing.

Under these circumstances this license shall expire as a matter of law under Section 312(g) of the Communications Act. We therefore submit that KROY should not be granted a license to operate as the primary license was not maintained as required by law and has since expired. We submit as evidence the numerous STA filings and their timing, as stated above, and eyewitness testimony that the temporary station was never constructed and operated as represented in KROY filings. I have had conversations with Palacios Chief of Police and police officers, whose station is less than two blocks from the alleged temporary antenna site, and none recall seeing any type of tower or support structure for any type of FM broadcast antenna at any time during the reported time of reduced power operation. I have also been present in the area during the time of reduced power operation and have never heard KROY broadcasting any type of signal. For these reasons we conclude that the claims of KROY to have been broadcasting at reduced power from October 21, 2008 to March 2, 2012 are false, as has been shown by a preponderance of evidence, and its license has expired as a matter of law. By such evidence the Commission lacks the authority to grant or transfer a license to operate in response to Construction Permit BPH-20120713ADI and Assignment of License BALH-20140623ACE.
 
Do these stations have accessible during business hours main studio locations? That's also FCC regulation. If they don't have studio waivers, they're supposed to maintain one for each station and be reasonably staffed.
 
The FCC usually does not rule on "after the facts"......had someone filed while the station was off the air for more than a year, the Field Office in Houston could have verified it...without such verification, all they have is hearsay from a consumer who "may have a beef"...

Also the "Petitions" filed above were done incorrectly (the following from the FCC's own web site):

Petition to Deny Requirements. First, to file a petition to deny, a person must be a “party in
interest” and have “standing.” That means, generally, that the person must have more than a
passing interest in the station. He or she must be a regular listener or viewer or have some other
contact with the station that gives the petitioner a real stake in outcome of the renewal process.

A petition to deny must contain a certification that a copy of the petition was also mailed to the
station, and must contain an affidavit of a person with personal knowledge attesting that the facts
contained in the petition are true.

Additionally, a petition to deny license renewal must be “timely.” That is, as noted above,
a petition to deny must be filed at least one month prior to the license expiration date.
Finally, as noted above, failure to include a certification that a copy of the petition was also
mailed to the station and the affidavit may result in dismissal of the petition to deny.
======================================================
Informal Objections are easier to file (again from the FCC's web site):

Procedure for Filing Informal Objections . A person or entity opposing the grant of a radio
station's license renewal application may file an informal objection against the license renewal
application at any time prior to staff action on the license renewal application. An informal
objection is less formal than a petition to deny, but some requirements still apply. It may take
the form of a letter signed by the objector and mailed or delivered to one of the FCC addresses
above. An informal objection need not contain the affidavit required for a petition to deny. It
should, however, contain sufficient information to establish any violation alleged. Additionally,
an informal objection not received by the time the station’s license renewal application has been
granted by the Commission will not be considered.

A petition to deny must contain a certification that a copy of the petition was also mailed to the
station, and must contain an affidavit of a person with personal knowledge attesting that the facts
contained in the petition are true.
-------------------------------------------------------------------------------------
However, once a license is renewed, the ONLY way to get it revoked is a Petition for Reconsideration and if it's not timely filed, it will be considered moot and denied. You cannot file a "Petition to Deny" but then call it an Informal Objection. You, since you have no interest in KROY's operation under FCC definitions, have no right to file a Petition To Deny (and the way you "filed" above is not under proper procedure anyway)....Filing an Informal Objection is allowed....but trying to get a transfer of control of a license that has been renewed and is still considered valid wont happen UNLESS you could prove that the buyer had taken control of the station prior to the FCC granting transfer of control (which is what you tried to do with Henderson's LPTV signals)...KSBJ, through its lawyers, will not do that...thus any complaint on that part will be thrown out (unless you can provide proof of such....it has been done before..I did it with an AM sale 5 years ago and the sale was denied....unfortunately, the FCC did not dismiss the sale WITH prejudice.....so the buyers eventually bought the station....after the station got hit with fines by the FCC for studio and local public file issues)

You seem hell bent on trying to stop Roy Henderson because you blame HIM for YOU not knowing the proper procedures, etc in your aborted attempt to try to acquire his LPTV signals. IF you want to get back at him you have to play by the rules and follow FCC procedure (your "petition to deny" is improperly done and will be denied)......but trying to do so after the fact does not work.....You CAN file a LEGIT complaint on any of his stations and try to get him fined.....trying to stop him from selling any of his licenses won't work unless YOU are in the area of such license (thus having an interest in it) and you need to file any complaints, of the signal being off the air for more than a year, BEFORE the licenses are renewed...to quote Christopher Imlay, general counsel of the SBE, "the FCC rules makes it VERY hard for a licensee to lose their license....its been DONE but only in rare exceptions"....

You COULD file a complaint with the FCC on local studio issues...but must back that up with PROOF....where is the main studio? Have you visited it? was anyone there while the station was on the air? If not, what proof do you have? (PICTURES, video, etc showing the visit and location)....IF someone was there, did you ask to view the public inspection files and was denied? THAT'S what the FCC needs to know before they investigate....Making petty statements such as "Googling Henderson and perjury" is not proof.

The Field Agents have too much to do to go looking after every little complaint unless they are backed up with EVIDENCE..
As to the alleged KROY trying to interfer with KVST, that is due to the engineer at KVST not knowing a damn thing about tropo and when KROY signed back on, tropo allowed it to interfer with KVST in North Houston....the FCC doesn't care about tropo issues and has stated so several times (Liberman tried to use the argument in a Calif FM issue and the FCC basically told Liberman to take a flying leap on that)..The accusations made by New Wavo were proven false by ERI's president, Tom Skillman. ERI is the company that sold Henderson the antenna used on the upgrade. The two "complaints" from listeners that were used by New Wavo were laughable. One was from outside KVST's 60dbU protected contour. The other was from a woman in The Woodlands...where only 31% of the community is within KVST's protected contour.

It was tropo that caused the interference; not a 5db gain as claimed by Dade Moore (CE of KVST) and Bert Goldman....I bet this past Sat night/Sunday morning it was horrible. BTW, your "petition to deny" would have to be against the sale of KROY to KSBJ (too late to file against a license renewal; the C2 license renewal was filed in 2013)....and if the FCC found there was a problem with KROY's current operation, it would be downgraded and allowed to operate under its current Class C2 license; it would not be revoked.

For those interested, here is the real link to the correspondence concerning KVST and KROY since the Facebook link above is no longer valid (enjoy the reading):

http://licensing.fcc.gov/cgi-bin/ws...fix=BLH&App_Arn=20140325AAE&Facility_id=77693

I laughed at Bert Goldman's assertions (and I worked with Bert at ABC....I am shaking my head that he actually tried to fool the FCC with his statements but I guess these days, he will do anything for cash!)...anyone with any sense what so ever would see right through that...also KVST's move NORTH is just stupid if they assert that KROY is hurting them....this will kill KVST in The Woodlands and a lot of Conroe....the original 103.5 operation on that same tower was the reason why Amato eventually moved it to 103.7 in Willis and then the move of 99.7 from Huntsville to Willis to replace 103.7 after he sold the station to Cumulus for $32 million.....It is a BAD move.
 
Do these stations have accessible during business hours main studio locations? That's also FCC regulation. If they don't have studio waivers, they're supposed to maintain one for each station and be reasonably staffed.

They can have one main studio that covers any station within the proper range (25 miles of the transmitter OR within the 60dbU of ANY other broadcast signal licensed to the same community....that's how Liberman gets away with the PA and BMT rimshots but main studios are in Houston on Bering).

Staffing only requires a person designated as "manager"....A woman sitting at a desk who acts as such meets the requirements...even if she had no management status; sad but true...
 
Nothing against KSBJ. Great station. I even have a Facebook friend who works there. The bottom line is that KROY should have been cancelled because it was off the air longer than 12 months without a valid silent STA (e.g. one that wasn't obtain under false pretenses). Just like KEMA down in Three Rivers, where Roy filed for a silent STA claiming that he needed time to replace a vandalized coax. He needs two years to do that? Sorry folks, but Henderson is manipulating the system. He also messed me over, and until he makes it right I am going to continue shed light on all of his illicit activities, and oppose anything he does that is illegal, unethical, or gives him undeserved financial gain.

He's been playing the same game with his Michigan stations. He bought WMTE (1340 AM) in Manistee when the previous owners sold it in 2010. It hasn't been on the air since. WBNZ (92.3) and WOUF (99.3) haven't been on since late 2012 or early 2013 and there are NO silent STAs for those two. WCUZ (100.1) was mostly silent for several years before returning to the air full-time in 2012. Don't know a lot about WARD (750) but his flagship WLDR (101.9) has been on the air consistently. However, it's likely not running the full 100kW as it's usually in weaker than lower-powered stations in the same area. The DXer in me loves 92.3 and 99.3 being off as I've received long-haul tropo and E-skip on both frequencies. Before he bought WBNZ, it used to be a good small-town radio station. Another broadcaster has a CP to move one of their stations north to (at least partially) cover WBNZ's old area.
 
It IS a game...for him (or ANYONE) to be caught, someone needs to file a complaint that the station is/has been off the air longer than 30 days without a STA filed...Silent STAs are only good for 1 year MAX (extended)....so likely some resumption of operations notice had been filed if a Silent STA was filed originally (its required)...If the station has been off with NO silent STAs, then you may have a valid complaint BUT to prove they have been off for a year 24/7 is a rough call...the FCC does not like to delete stations.....that's against the "public interest"...once a license is deleted, the filing procedure starts all over again and it would be years before the signal returns....for someone to buy the station(s) legally is the preferred method...but if Henderson (or any seller) wants too much, then no one balks....they don't want to see the license get deleted either because with the current auction method of the FCC issuing licenses, it may cost them more in the long run...

I've discussed this with friends who are Field Agents at length....if someone wants to buy the station, then someone may need to file complaints about it being off the air or not operating properly and let the FCC levy fine(s) on it..that may be an incentive for the owner to finally sell but not to the complainer (Obviously!! and the complainer would end up probably in jail for pulling such a stunt)....

IF you know of stations that are not the air, you have the right to complain using the FCC Form 2000......it can be filed directly from the FCC web site...but be prepared to back the complaints with FACTS the FCC can use...

One AM station I filed on had no local studio presence and also no tower lights for the longest....though the FAA is the contact for tower lights, when I called to file the NOTAM, the person on the other end asked me if I was the owner...well, no....so then I find out how wonderful outsourcing in the government side works...since SHE was not FAA but contractor employed, the rule was only the OWNER could file the NOTAM....WTF??? yep...that was the result.....by the time I talked with my FCC friend, he told me that evidently she evidently DID file the NOTAM and the owner was contacted....thus he got notice he could be in trouble if the FCC/FAA caught him if he didnt fix them in 15 days or refile.....well, the dumb-ass didn't refile....and luckily the FCC agent happened to pull an inspection on the station while visiting relatives in town for Thanksgiving....sure enough, it was on the air, no one was at the studio (locked front door and it was not lunch time...the FCC agent tried three times that day!) and at night, NO tower lights!!! WELL, when the FCC contacted the station owner, they could have claimed the main studios were at the preacher's other station 70miles away due to the FCC rules that allow the main studios to be within the city grade of any broadcast station licensed to the same COL...and an FM rimshot did just that!...BUT they admitted the main studio was in the COL...(REAL smart but at least they were honest!)...The station was up for sale for many years and the last price I got on it was $250K.....but it was off the air and the tower site is in POOR condition and the studios have asbestos all in it....and the building is appraised at $50K....the tower site is not worth $200K....its in a swamp and mosquitos are thick as air out there....all year round plus the road is a gumbo mud road....unless you go out to it in a 4 wheel truck with BIG tires, good luck!

KSET in Lumberton was up for sale 2 years ago and I know one price tossed to the broker was $125K which would have gone through but bank financing fell through...so if an operational AM is worth $125, an off air station in poor shape is not worth more than that!! (At one time, the asking price for the offair station was $750K!! for a Class B 1KW AM???)

BTW my FCC friend told me that if I needed to file on the tower lights again, to call him and not the FAA....but they have kept the lights on since....

The public has the power to complain but rarely does because they dont KNOW how to or that they can....and if they do, it may be some beef they have and not a legal complaint (like KVST complaining about KROYs signal in tropo conditions...REALLY!!! smh on that!)
 
It IS a game...for him (or ANYONE) to be caught, someone needs to file a complaint that the station is/has been off the air longer than 30 days without a STA filed...Silent STAs are only good for 1 year MAX (extended)....so likely some resumption of operations notice had been filed if a Silent STA was filed originally (its required)...If the station has been off with NO silent STAs, then you may have a valid complaint BUT to prove they have been off for a year 24/7 is a rough call...the FCC does not like to delete stations.....that's against the "public interest"...once a license is deleted, the filing procedure starts all over again and it would be years before the signal returns....for someone to buy the station(s) legally is the preferred method...but if Henderson (or any seller) wants too much, then no one balks....they don't want to see the license get deleted either because with the current auction method of the FCC issuing licenses, it may cost them more in the long run...

I don't normally like to see EMF expand, but this is a case where I would like to see them buy stations. 92.3 and 99.3 Benzie County, MI with K-Love and Air-1 would make good E-skip beacons throughout most of the eastern half of the country.
 
I'd like to, but you didn't make the video available on mobile!

I wanna see your adventure...
 
HiYa PurpleDevil... Sorry. My choice of music background made YouTube's bots decided that my video couldn't be shared on mobile. Here's a link to the same video from another source.

https://vimeo.com/102178330
 
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