• Get involved.
    We want your input!
    Apply for Membership and join the conversations about everything related to broadcasting.

    After we receive your registration, a moderator will review it. After your registration is approved, you will be permitted to post.
    If you use a disposable or false email address, your registration will be rejected.

    After your membership is approved, please take a minute to tell us a little bit about yourself.
    https://www.radiodiscussions.com/forums/introduce-yourself.1088/

    Thanks in advance and have fun!
    RadioDiscussions Administrators

The FCC and WELE

R

Radio Circus

Guest
I am going to toss the question out there if anyone has an awnser...I'm an on air personality so I am really not all that familiar with FCC Policy but could the FCC come in and force 1380 off the air given the charges against Wilhite???

John Barrett
 
I would imagine the "innocent until proven guilty" rule comes in there somewhere.
 
dancer67 said:
Has anyone yet figured out if the station even has a current license?
Click to expand...
A Quick check on the MMB Page @ FCC.gov shows WELE's License Expired on Feb 1,2004.So the facility is operating without a current license.Oh I also did read that if an owner is convicted of a Felony it is up to the owner to report the arrest to the FCC.John B.
 
Radio Circus said:
I am going to toss the question out there if anyone has an awnser...I'm an on air personality so I am really not all that familiar with FCC Policy but could the FCC come in and force 1380 off the air given the charges against Wilhite???
Click to expand...

Given only charges, no. They won't act unless and until he's convicted of something.

I've only skimmed this story, I don't know what Wilhite is accused of nor what his role is with the station. If he's an employee I'd say the license probably isn't in trouble. If he's the owner, and the charges are felonies, the station may have a problem.

A few years ago, the sole owner of a number of stations in Indiana and Missouri was convicted of serious felonies in state court. Station management was then found to have lied to the FCC when they told the Commission the convicted owner was no longer involved in the management of the stations. The licenses were revoked. (and the frequencies remain vacant to this day, eight years later -- the FCC hasn't yet gotten around to accepting applications for new licensees...)

The linked document below suggests that licenses are not *always* lost when the owner is caught in a felony -- a case is cited where a licensee placed in some kind of "diversion" program didn't lose his licenses, and another case where a conviction for second-degree murder did not result in revocation when local authorities were on the record indicating the convict had been rehabilitated. The Missouri case was pretty egregious.

Here's a FCC webpage mirroring a U.S. Court of Appeals finding upholding the FCC decision to revoke the licenses:
http://www.fcc.gov/ogc/documents/opinions/2000/99-1198.html
 
Radio Circus said:
dancer67 said:
Has anyone yet figured out if the station even has a current license?
Click to expand...
A Quick check on the MMB Page @ FCC.gov shows WELE's License Expired on Feb 1,2004.So the facility is operating without a current license.Oh I also did read that if an owner is convicted of a Felony it is up to the owner to report the arrest to the FCC.John B.
Click to expand...
Reading a little deeper into the FCC database, it looks like they filed for renewal in 2004 but there has been an objection to the renewal from a Mr. Paul Tanner but that wasn't until 3/17/09. Anyone know more about this? Maybe something to do with the liens and lawsuits over the travel business?
 
They have had MANY problems with tower lights burning out, more than one at a time on their 4 towers prior to 2004. Not fixing them back then as well as not doing the required reporting to the FAA at the time as well I think is the problem, They are licensed as long as they made their application for renewal within the legal time, which was done, and it is still pending as 'accepted for filing'. So, they are still considered legally licensed to operate.

https://fjallfoss.fcc.gov/cgi-bin/w...xt=25&appn=100983227&formid=303&fac_num=72937

I found this as well:
http://www.fcc.gov/eb/Orders/2004/DA-04-1383A1.html

If they are fighting it, you know how long the government can take.
 
Reading a little deeper into the FCC database, it looks like they filed for renewal in 2004 but there has been an objection to the renewal from a Mr. Paul Tanner but that wasn't until 3/17/09. Anyone know more about this? Maybe something to do with the liens and lawsuits over the travel business?

I think you are right. Mr. Tanner is probably a person sueing over the travel show. Wonder if he's related to John Tanner the former DA?
 
I think if someone wants to come along and LMA the Station for $1 a month...Wilhite should jump on it.
 
Regarding the two issues at hand relating to the WELE license and Mr. Wilhite's arrest and how this will play out can best be addressed this way:

Although the WELE licensed has technically expired, it is still valid so long as the renewal application was filed prior the the expired license expiration date AND the renewal application is still in the pending stage. Since Wings Communications filed its renewal application BEFORE the expired license expiration date and the renewal application is still pending, WELE is currently and legally licensed to continue operating.

As far as Mr. Wilhite's felony case, the FCC will not act on this unless Mr. Wilhite is found guilty, at which time the station license may be revoked. Of course if Mr. Wilhite is acquitted of all charges, no further FCC action is warranted relating to the felony case. We do, however, still have the pending license renewal issue along with various liens placed against the station due to recent litigation. These matters will still need to be cleared up before any sale, LMA, TBA or any other arrangement is made with anyone.

Mark Tillery
J. M. Tillery & Associates, P. A.
Online: www.jmtillery.com
Blog: http://jmtillery.blogspot.com
Email: [email protected]
 
I just talked to a friend at the FCC, knows what is happening...

1. IF Wilhite is judged guilty, the FCC would have a group in The Media Bureau together to discuss the charges and see if it was 'in the public interest' for Wilhite to still own the license. The type of felony involved is given weight to their decision. So, no definitive answer as to whether he would lose the license or not. Again, he is now operating legally, so that is not in question, but the problem or problems of WHY the 2004 relicensing is still in ‘pending action’ must also addressed and cleared yea or nay against the station. Two headed monster, a conundrum wrapped up in an enigma, located between a rock and a hard place. He finds a buyer, but must get FCC approval for sale or transfer, but the ‘pending’ is in the way.

2. He could still sell the station now even with liens and whatever AS LONG AS no illegal action was or has been taken place DEALING WITH THE STATION ONLY... nothing in his personal life as the accusations and upcoming trial. Don’t forget he was totally exonerated from ANY criminal wrong doings for the Travel Show thing by law enforcement. All that can happen now are small claim court actions, which have begun.
And it goes without saying the buyer would have to be aware of the books, liens, and the whatever.
Most importantly, if he finds a buyer the FCC MUST approve the sale and transfer.

I hope this clears things up.
 
There are many liens against Wings Communications only. These are not personal liens. Why is a license pending for 5 years? Isn't there a time limit on things like this? Either one is eligible or not. How hard can that be? Must be a government project!
 
Somehow in my mind i can't come up with any scenario where having a station owned by a guy who won't even put clothes on to go to jail is in the public interest.....
 
Parttimer said:
Somehow in my mind i can't come up with any scenario where having a station owned by a guy who won't even put clothes on to go to jail is in the public interest.....
Click to expand...

You must have never lived in Titusville! BIGAPE
 
Status
This thread has been closed due to inactivity. You can create a new thread to discuss this topic.


Back
Top Bottom