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Birmingham WJLX (Again!)

K.M. Richards said:
I just wonder what tall tale Elmore concocted to get that deal with iHeart ...?
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I'm just waiting for iHeart to end the free ride and to expect a monthly payment for that HD channel. Brett Elmore is notorious for not paying bills.

At one time, he owed James Span thousands of dollars for weather forecasts. Span cancelled on him. Elmore's solution? For three or four months, they (at W268BM) read the weather and introed it as "Your WJLX weather as reported by James Spann..." and ended each forecast with "... And there's your James Spann weather forecast on Oldies 101.5 FM, WJLX!"

Spann was livid! Then, Elmore somehow paid him and the "lividness" seemed to ease-up a good bit.
 
secondchoice said:
How much money do you have not to notice you paid for a radio station?
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According to the documentation that accompanied the transfer of ownership application to the FCC, $115,000, $6,000 of which was paid at filing and the rest in $2,007.40 (?) monthly payments for five years.
 
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K.M. Richards said:
I cannot help but notice that they also were conned into thinking Elmore was the owner.
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I'm Alabama, he *is* the owner. Nothing else counts. That's the reason local police never even considered investigating the tower "theft". Actually solving that case was never an option. It was a case of "look the other way and keep quiet".
 
radiofan2023 said:
Hopefully someone from here or elsewhere will send CBS42 the FCC ownership information. Maybe they didn't want to bother to sign up for an account and look it up on the FCC site.
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One does not need an account to look up anything on the FCC website. LMS is open to public access.
 
lanceventa said:
And there's a lot of he says/he says that I need to ensure doesn't take this site into a legal battle.
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I know this comment is a few weeks untimely, but since you own/run an Internet message board, you should be aware of Section 230 of the Communications Act of 1934 (a/k/a the Communications Decency Act):

[From Wikipedia] In the United States, Section 230 is a section of the Communications Act of 1934 that was enacted as part of the Communications Decency Act of 1996, which is Title V of the Telecommunications Act of 1996, and generally provides immunity for online computer services with respect to third-party content generated by its users. At its core, Section 230(c)(1) provides immunity from liability for providers and users of an "interactive computer service" who publish information provided by third-party users:

No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information
provided by another information content provider.

Section 230(c)(2) further provides "Good Samaritan" protection from civil liability for operators of interactive computer services in the good faith removal or moderation of third-party material they deem "obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected."
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Hard for me to believe you're not aware of §230, but on the [very] off-chance this is news to you, look it up. To my reading, it should cover your ass in situations like this. Not that it's likely that Mr. Elmore is going to be suing you or anyone else anymore, unless there's legal process in the afterworld.
 
fybush said:
Just because you're legally in the right doesn't mean you won't have to go through expensive and annoying hassles to prove you're right.
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True, but a competent attorney representing you or Lance should ask that the court require the plaintiff to pay your costs.
 
Here's an interesting question for those more knowledgeable than me:

With WJLX now listed as silent and with time very rapidly running out for it's reconstruction and no efforts at all being made to rebuild it (even after the $23,643 GoFundMe funds have been exhausted on everything other than rebuilding it), for how long can a licensed translator (W268BM) continue using a call-sign not assigned to the station (translator)?

Shouldn't it, at some point, legally be required to identify as "WDXB HD2" and/or "W268BM"?

I realize they can use and slogan they choose but, "WJLX 101.5 FM" never really existed and certainly doesn't exist now and it's even less likely to ever exist again with the one-year clock rapidly ticking away.

I'm just curious how far they can go with using a fraudulent call-sign. (Seriously, their legal ID at the top of the hour is still proudly identifying them as "WJLX, Jasper! W286BM, Jasper!" Yep. They have been using the reversed numbers in the channel-designation of the translator call-sign for as long as I can remember.)
 
wattwatcher said:
Here's an interesting question for those more knowledgeable than me:

With WJLX now listed as silent and with time very rapidly running out for it's reconstruction and no efforts at all being made to rebuild it (even after the $23,643 GoFundMe funds have been exhausted on everything other than rebuilding it), for how long can a licensed translator (W268BM) continue using a call-sign not assigned to the station (translator)?

Shouldn't it, at some point, legally be required to identify as "WDXB HD2" and/or "W268BM"?

I realize they can use and slogan they choose but, "WJLX 101.5 FM" never really existed and certainly doesn't exist now and it's even less likely to ever exist again with the one-year clock rapidly ticking away.

I'm just curious how far they can go with using a fraudulent call-sign. (Seriously, their legal ID at the top of the hour is still proudly identifying them as "WJLX, Jasper! W286BM, Jasper!" Yep. They have been using the reversed numbers in the channel-designation of the translator call-sign for as long as I can remember.)
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One, despite his own opinion of himself, the late Brett Elmore was neither the brightest LED in the bulb nor the most mindful of FCC rules and regs.
Two, there's nothing prohibiting the use of "WJLX" as a slogan, just not as the TOH 73.1201 ID.
Three, Technically, iHeart is responsible for the lack of a "WDXB-HD2" TOH. The translator's ID is technically the responsibility of Don Earley. (And legally, since I presume they do not use the option of an FSK legal, the translator only needs to be voice-ID'd three times a day anyway.)

So: Yes, the TOH should be "WDXB-HD2 Pelham" and not the calls of a silent AM. And giving the wrong translator ID is a violation every time they do it.

(BTW, W286BM used to be a translator in DeKalb IL, but after a frequency change in 2018 is now W259CS.)
 
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