So... What about WQOX?!

DeadElvis · Jan 3, 2011

Memphis City Schools is the licensee of WQOX. What if MCS does, indeed, surrender its charter?

Hmmm. WQOX would NO LONGER have a licensee. And, in fact, the license would not be transferable as there would be no transferor.

Fascinating. Just another one of the unintended consequences no one has thought about.

DE

snazzyjazzy · Jan 7, 2011

That's one of many questions that Shelby County Schools needs to answer before a possible referendum on the surrender of the charter comes up to Memphis voters. I don't know what the process would be for SCS to become the licensee of WQOX. We don't know if SCS would have any interest in keeping WQOX going in the first place. Who would be responsible for the maintenance of both the broadcast radio station and the cable TV outlet?

DeadElvis · Jan 7, 2011

The process would be just like any other license transfer. But, as Ke$ha would say, "Tik Tok." Once the Board evaporates, there is no one to do the transferring.

If this goes forward -- and there are many, many obstacles -- there will need to be some sort of Receiver for MCS assets. But, again, the license will be handled differently than desk chairs and chalk boards; the FCC is involved. The cable TV station, however, does not need any special handling.

DE

mikl73 · Jan 7, 2011

I have not had time to really soak up all of the discussion going on with the consolidation. I'm not against it but I'm not yet for it either. I especially not for just tossing the whole thing in the air and seeing how it works out.

I've always wondered how long MSC would keep 88.5. It seems the big thing these days is it toss in the towel and sell to EMF or AFA.

It was also nice to see 88.5 show up in PPM. More proof the station is worth operating. I hear 88.5 playing over heard in a Dollar General I frequent.

DeadElvis · Feb 10, 2011

If the Memphis City Counsel was successful in dissolving MCS at tonight's meeting, WQOX no longer has a licensee. That's an asset -- worth maybe $2-3M -- that legally can't be transferred, it could easily be argued. Fascinating.

It's a shame I am not working with any of the parties in this squabble. I would love to write some of these briefs. The unending legal permutations make my head hurt. Fun.

DE

w9wi · Feb 11, 2011

(have already discussed this with DE in private email)

& DE is far better qualified to speak to the law than I am! -- but I'll speak anyway

Seems to me this would be a similar situation to that where the licensee dies. The assignment of license requires the assignor's signature, but isn't going to get it! I've seen involuntary transfers of control come through the FCC with the assignee being "executor of the estate of xxxxx".

My gut feeling is that as long as:

1. No significant violations of the regulations happen at WQOX during the dispute.
2. Control is resolved in a reasonable amount of time. (I think the FCC will be more tolerant than the State of Tennessee and the people of Memphis)
3. Application for assignment of license is made promptly after control is resolved.

then I think the FCC will let it ride.

radiosaur · Feb 11, 2011

DeadElvis said:
If the Memphis City Counsel was successful in dissolving MCS at tonight's meeting, WQOX no longer has a licensee. That's an asset -- worth maybe $2-3M -- that legally can't be transferred, it could easily be argued. Fascinating.

It's a shame I am not working with any of the parties in this squabble. I would love to write some of these briefs. The unending legal permutations make my head hurt. Fun.

DE

Ok. What if someone files for the frequency on the grounds you just laid out?

DeadElvis · Feb 11, 2011

> Ok. What if someone files for the frequency on the grounds you just laid out?

You know, I keep watching this passion play run its course. It's just astounding.

My gut tells me that MCS has -- as of this writing -- been unsuccessful in actually disbanding. It's hard to argue that you don't exist when you hold classes, write checks, and next week, hold a Board meeting. That being said, though, the unending possible outcomes make my brain hurt.

So, to answer your question? I don't know.

DE

w9wi · Feb 12, 2011

radiosaur said:
Ok. What if someone files for the frequency on the grounds you just laid out?

You can't right now for two reasons:

- The FCC will have to rule on the validity of the ownership situation. Right now, regardless of what the MCS, Shelby Co., and/or State of Tennessee think, as far as the FCC is concerned the WQOX license is still valid.

- You can only file during a filing window. The FCC is still sorting out the last one. I'd be willing to place a bet (though not a large one) that the city and county will resolve their conflict long before the FCC opens another filing window.

(what I could, possibly, see happen... if WQOX does go away.. is for some other station to file for a technical change that's precluded by WQOX's existence. Like maybe WKNA-88.9. If the technical change is qualified as "minor" it doesn't have to wait for a filing window. "Minor" basically means the coverage areas of the old & new facilities overlap and the old & new facilities are mutually-exclusive -- if they both existed at the same time they'd interfere with each other.)

PR680 · Mar 7, 2011

radiosaur said:
DeadElvis said:

If the Memphis City Counsel was successful in dissolving MCS at tonight's meeting, WQOX no longer has a licensee. That's an asset -- worth maybe $2-3M -- that legally can't be transferred, it could easily be argued. Fascinating.

It's a shame I am not working with any of the parties in this squabble. I would love to write some of these briefs. The unending legal permutations make my head hurt. Fun.

DE

Click to expand...

Ok. What if someone files for the frequency on the grounds you just laid out?

I don't know, but "I heard it on the X". Getting old is really bad!!