Update No. 6. Bexley Public Radio Timeshare Negotiations.
The last update was provided on August 1, 2010. A summary of the negotiations and developments from that date:
On August 1, 2010, SL had pending its request for the FCC to reconsider the FCC’s May 3, 2010 decision requiring SL to reduce broadcast hours to the hours in its original agreement with BPRF. Additionally, SL requested the FCC for a waiver of a requirement that BPRF consent to changes in the timeshare agreement. Finally, SL asked the FCC to mediate or arbitrate the exact split of broadcast hours with BPRF.
On June 14, SL had offered and BPRF had 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 an offer of a noon to midnight split, seven days for acceptance by BPRF and that there was no such agreement as to splitting the time.
On June 14, BPRF delivered paper work to SL consistent with the offer and acceptance of a noon to midnight split for BPRF and midnight to noon split for SL. 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. This organization seems to be comprised mostly of the individuals at SL who ran the SL radio operations.
On August 27, 2010, BPRF filed with the FCC a petition to deny SL’s Form 314. The basis for the denial is that TNN is ineligible to be the licensee on FM 102.1 because TNN is not a party to any timeshare agreement for that channel. SL’s request to transfer its license is still pending before the FCC and BPRF’s petition to deny is also still pending.
On September 13, the FCC ruled on SL’s request for reconsideration of the May 3, 2010 rollback decision, waiver of the timeshare consent requirements and for FCC mediation or arbitration of a split of broadcast hours.
The FCC ruled against SL on all three requests. The FCC declined the opportunity to reconsider its May 3 rollback of SL’s hours. The FCC saw no basis for waiving the timeshare requirements to benefit SL. Finally, the FCC declined to decide the split of the unused time on FM 102.1.
Although the FCC used more dignified language in its ruling , its point is clear: even the most dimwitted pair of radio executives should be able to come to some agreement about splitting the twenty-four hour broadcast clock.
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