Sunday, August 1, 2010

Update No. 5: Bexley Public Radio timeshare negotiations.

When last updated on July 26, 2010, BPRF had accepted SL's offer of the noon to midnight time-slot in the timeshare agreement.

The paperwork to submit that timeshare amendment for FCC approval has been on SL's desk since June 14, 2010.

The agreement between SL and BPRF is that SL has the midnight to noon time-slot seven days a week and BPRF has the noon to midnight time-slot seven days a week.

The paperwork expressing this agreement was signed by BPRF and delivered to SL for its signature on June 14.

Informally, SL has said that it did not make an offer to BPRF of the noon to midnight time-slot, seven days a week.

In any event, SL has not yet signed the June 14 paperwork for submission to the FCC.

Last Thursday, July 29, SL filed with the FCC a Form 314 Application for Consent to Assignment of Broadcast Construction Permit or License. The application proposes to assign SL’s license to an organization identified as The Neighborhood Network (TNN).

By letter dated July 30, 2010 BPRF informed TNN that BPRF and SL are signatories to a timeshare agreement, previously approved by the FCC. The rights created in the timeshare agreement are binding on the successors to SL and SL is prohibited from assigning its interest under the timeshare agreement, without the prior written consent of BPRF and other signatories.

SL has not delivered any paperwork for BPRF to sign giving consent for a transfer of the SL broadcast license to anyone.

BPRF has not consented to an assignment of SL’s rights under the timeshare agreement to any organization.

BPRF has invited some of the officers and board members identified in the Form 314 to meetings to discuss TNN’s plans and for BPRF to evaluate whether BPRF and SL should cancel the agreement for noon to midnight timeshare divisions and substitute in its place a consent by BPRF to a transfer to TNN of SL’s rights under the timeshare agreement.

Summary of these developments in the timeshare negotiations:

SL offered and BPRF accepted a noon to midnight split seven days a week for BPRF and a midnight to noon split seven days a week for SL.

SL informally has said that it did not make a noon to midnight split, seven days offer for acceptance by BPRF.

On June 14, BPRF delivered paper work to SL expressing the noon to midnight split and midnight to noon split. BPRF has signed the paperwork. SL has not signed the paperwork.

On July 29, SL filed a Form 314 with the FCC requesting approval of a transfer of its license to TNN.

On July 30, BPRF invited some of the officers and board members of TNN to discuss their plans.

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