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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Bexley Public Radio Foundation is exempt from federal taxes under IRC Section 501(c)(3). Donations are deductible from federal income taxes for individuals who itemize. Checks may identify the payee as Bexley Public Radio Foundation or WCRX-LP, 102.1 FM.
Bexley Public Radio Foundation broadcasting as
WCRX-LP, 102.1 FM, Local Power Radio
2700 E. Main St., Suite 208
Columbus, OH 43209
Voice (614) 235 2929
Fax (614) 235 3008
Email wcrxlp@yahoo.com
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Showing posts with label timeshare. Show all posts
Showing posts with label timeshare. Show all posts
Thursday, September 16, 2010
Thursday, June 17, 2010
Update: Bexley Public Radio time share negotiations
UPDATE SATURDAY JUNE 12, 2010: AN UNSIGNED LETTER ON SIMPLY LIVING LETTERHEAD WAS RECEIVED AT BEXLEY PUBLIC RADIO'S OFFICE ON SATURDAY JUNE 12, 2010. THE TEXT OF THE LETTER IN PART READS:
Simply Living rejects your proposed timeshare assignment of hours for the following primary reason: Your proposed split of 3am/3pm would give BPRF 65% of the listenership hours, per Arbitron ratings for non-commercial stations. We will file our Request to Transfer WCRS with the FCC in early July, as I had previously informed you. You will receive a copy.
UPDATE MONDAY JUNE 14, 2010: BPRF MAILED THE FOLLOWING PROPOSED AMENDMENT NO. 1 TO SL, CRIS, CU AND GMMLSD. THIS PROPOSED AMENDMENT NO. 1 OFFERS A 3:00 A.M. TO 3:00 P.M. TIME SLOT FOR SL AND REMOVES THE ‘PRIMARY’ BASIS FOR THE REJECTION STATED IN THE UNSIGNED LETTER OF JUNE 12, 2010.
AMENDMENT NO. 1 SETTLEMENT AGREEMENT (UNIVERSAL TIMESHARE AGREEMENT) IN RESPONSE TO SL LETTER DATED JUNE 11, 2010
In response to the SL letter dated June 11, 2010, this Amendment No. 1 to the Settlement Agreement (Universal Timeshare Agreement) is made as of the 20th day of June, 2010 by and among Bexley Public Radio Foundation, Community Refugee and Immigration Services, Capital University, Groveport Madison Local School District and Simply Living (hereinafter, singularly, “Signatory,” collectively, the “Signatories”).
WHEREAs, Each of the Signatories to this Amendment No. 1 is also a party to the Settlement Agreement dated October 29, 2003 and each of the Signatories agreed to the certain and definite allocation of broadcast time on FM Channel 271 that was made in the Settlement Agreement;
WHEREAS, The allocation of time in the Settlement Agreement was approved by the Federal Communications Commission (hereinafter “Commission”);
WHEREAS, Signatory Bexley Public Radio and Signatory Simply Living have been granted licenses to cover by the Commission and are presently broadcasting respectively as WCRX-LP, 102.1 FM and WCRS-LP, 102.1 FM.
WHEREAS, Bexley Public Radio is broadcasting during the time period granted to it in the Settlement Agreement.
WHEREAS, Signatory Simply Living is broadcasting in the time periods granted to it in the Settlement Agreement. Simply Living has stopped broadcasting during time periods allocated to Signatory Groveport Madison Local School District and Signatory Community Refugee and Immigration Services in the Settlement Agreement.
WHEREAS, Signatory Bexley Public Radio Foundation has not agreed to any broadcasts by Signatory Simply Living during the time periods allocated to Signatory Groveport Madison Local School District and Signatory Community Refugee and Immigration Services.
WHEREAS, Construction permits awarded by the Commission to Groveport Madison Local School District and Community Refugee and Immigration Services have expired and are non-renewable;
WHEREAS, The application for a construction permit of Capital University has expired and is nonrenewable;
WHEREAS, The public interest will best and most fully be served by grant of this Amendment No. 1 because such grant will conserve the resources of the Commission and of the Signatories and bring about radio broadcast during additional time periods;
NOW THEREFORE, in consideration of the foregoing and of the terms and conditions set forth herein, and with the intent of being legally bound hereby, the Signatories agree to the following Amendment No. 1:
The existing text of numbered section 6 and numbered section 7 of Article II are deleted and replaced with the following text:
6. Hours of Operation. The Applicants hereby request that the Commission grant each Application subject to the following hours of operation:
Weekdays (M-F)
3:00 p.m. to 3:00 a.m. Bexley Public Radio Foundation
3:00 a.m. to 3:00 p.m. Simply Living
Weekends (Sa & Su)
3:00 p.m. to 3:00 a.m. Bexley Public Radio Foundation
3:00 a.m. to 3:00 p.m. Simply Living
7. Minimal Operating Schedule. The hours of operation proposed in this Agreement comply with Section 73.872(b) and Section 73.872(c) of the Commission’s Rules by allowing each Applicant the following number of operating hours per week:
In accordance with Section 73.872(b)(2) of the Commission Rules, Bexley Public Radio and Simply Living pledge that their total operating hours each day as a minimum operating schedule will be a combined total of 12 hours.
In accordance with Section 73.872(c) (1) (ii) and (iii) of the Commission Rules, Bexley Public Radio Foundation and Simply Living acknowledge that they will not permit simultaneous operation and that they will each operate at a minimum of 10 hours each week during the periods listed herein:
Bexley Public Radio Foundation: 10 hours /week at a minimum
Simply Living: 10 hours/week at a minimum
Except as stated herein, no other changes are made to the existing text of the Settlement Agreement (Universal Timeshare Agreement).
In Witness Whereof, this Amendment No. 1 to the Settlement Agreement is hereby executed as of the date first above written:
BEXLEY PUBLIC RADIO FOUNDATION
By:__________________________________
Name:_______________________________
Title:________________________________
CAPITAL UNIVERSITY
By:_________________________________
Name:_______________________________
Title:________________________________
COMMUNITY REFUGEE AND IMMIGRATION SERVICES
By:_________________________________
Name:______________________________
Title:_______________________________
GROVEPORT MADISON LOCAL SCHOOL DISTRICT
By:__________________________________
Name:________________________________
Title:_________________________________
SIMPLY LIVING
By:_________________________________
Name:_______________________________
Title:________________________________
UPDATE SUNDAY JUNE 13, 2010: MARILYN WELKER, DIRECTOR OF SL SENT THE FOLLOWING EMAIL TO JOHN ANDERSON OF ANDERSON DEVOSS AND JOHNSON BROADCAST CONSULTING GROUP. THE EMAIL WAS FORWARDED TO BPRF BY JOHN ANDERSON. ADJ HAS BEEN ENGAGED BY BPRF TO PROVIDE CONSULTING SERVICES ON THE TIMESHARE AGREEMENT AND OTHER MATTERS.
On Sun, 6/13/10, Marilyn Welker wrote:
From: Marilyn Welker
Subject: Re: Arbitron statistics
To: "John Anderson"
Date: Sunday, June 13, 2010, 6:34 PM
I just got off the phone with Bob, John.
What are the possibilities of
Bexley agreeing to a noon/midnight split, BPRF taking either time?
Bexley agreeing to a 3am/3pm split w/ SL taking morning time?
Marilyn
UPDATE MONDAY JUNE 14, 2010: ON MONDAY JUNE 14, 2010, BPRF DELIVERED THE FOLLOWING TO CRIS, CU AND SL.
June 14, 2010
To all:
BPRF withdraws the proposed Amendment No. 1 of even date herewith whereby BPRF would broadcast during the 3:00 p.m. to 3:00 a.m. time slot and SL would broadcast during the 3:00 a.m. to 3:00 p.m. time slot.
BPRF accepts the SL offer made in an email of June 13, 2010 for BPRF to have the 12:00 noon to 12:00 midnight time slot and SL would have the 12:00 midnight to 12:00 noon time slot.
Simply Living rejects your proposed timeshare assignment of hours for the following primary reason: Your proposed split of 3am/3pm would give BPRF 65% of the listenership hours, per Arbitron ratings for non-commercial stations. We will file our Request to Transfer WCRS with the FCC in early July, as I had previously informed you. You will receive a copy.
UPDATE MONDAY JUNE 14, 2010: BPRF MAILED THE FOLLOWING PROPOSED AMENDMENT NO. 1 TO SL, CRIS, CU AND GMMLSD. THIS PROPOSED AMENDMENT NO. 1 OFFERS A 3:00 A.M. TO 3:00 P.M. TIME SLOT FOR SL AND REMOVES THE ‘PRIMARY’ BASIS FOR THE REJECTION STATED IN THE UNSIGNED LETTER OF JUNE 12, 2010.
AMENDMENT NO. 1 SETTLEMENT AGREEMENT (UNIVERSAL TIMESHARE AGREEMENT) IN RESPONSE TO SL LETTER DATED JUNE 11, 2010
In response to the SL letter dated June 11, 2010, this Amendment No. 1 to the Settlement Agreement (Universal Timeshare Agreement) is made as of the 20th day of June, 2010 by and among Bexley Public Radio Foundation, Community Refugee and Immigration Services, Capital University, Groveport Madison Local School District and Simply Living (hereinafter, singularly, “Signatory,” collectively, the “Signatories”).
WHEREAs, Each of the Signatories to this Amendment No. 1 is also a party to the Settlement Agreement dated October 29, 2003 and each of the Signatories agreed to the certain and definite allocation of broadcast time on FM Channel 271 that was made in the Settlement Agreement;
WHEREAS, The allocation of time in the Settlement Agreement was approved by the Federal Communications Commission (hereinafter “Commission”);
WHEREAS, Signatory Bexley Public Radio and Signatory Simply Living have been granted licenses to cover by the Commission and are presently broadcasting respectively as WCRX-LP, 102.1 FM and WCRS-LP, 102.1 FM.
WHEREAS, Bexley Public Radio is broadcasting during the time period granted to it in the Settlement Agreement.
WHEREAS, Signatory Simply Living is broadcasting in the time periods granted to it in the Settlement Agreement. Simply Living has stopped broadcasting during time periods allocated to Signatory Groveport Madison Local School District and Signatory Community Refugee and Immigration Services in the Settlement Agreement.
WHEREAS, Signatory Bexley Public Radio Foundation has not agreed to any broadcasts by Signatory Simply Living during the time periods allocated to Signatory Groveport Madison Local School District and Signatory Community Refugee and Immigration Services.
WHEREAS, Construction permits awarded by the Commission to Groveport Madison Local School District and Community Refugee and Immigration Services have expired and are non-renewable;
WHEREAS, The application for a construction permit of Capital University has expired and is nonrenewable;
WHEREAS, The public interest will best and most fully be served by grant of this Amendment No. 1 because such grant will conserve the resources of the Commission and of the Signatories and bring about radio broadcast during additional time periods;
NOW THEREFORE, in consideration of the foregoing and of the terms and conditions set forth herein, and with the intent of being legally bound hereby, the Signatories agree to the following Amendment No. 1:
The existing text of numbered section 6 and numbered section 7 of Article II are deleted and replaced with the following text:
6. Hours of Operation. The Applicants hereby request that the Commission grant each Application subject to the following hours of operation:
Weekdays (M-F)
3:00 p.m. to 3:00 a.m. Bexley Public Radio Foundation
3:00 a.m. to 3:00 p.m. Simply Living
Weekends (Sa & Su)
3:00 p.m. to 3:00 a.m. Bexley Public Radio Foundation
3:00 a.m. to 3:00 p.m. Simply Living
7. Minimal Operating Schedule. The hours of operation proposed in this Agreement comply with Section 73.872(b) and Section 73.872(c) of the Commission’s Rules by allowing each Applicant the following number of operating hours per week:
In accordance with Section 73.872(b)(2) of the Commission Rules, Bexley Public Radio and Simply Living pledge that their total operating hours each day as a minimum operating schedule will be a combined total of 12 hours.
In accordance with Section 73.872(c) (1) (ii) and (iii) of the Commission Rules, Bexley Public Radio Foundation and Simply Living acknowledge that they will not permit simultaneous operation and that they will each operate at a minimum of 10 hours each week during the periods listed herein:
Bexley Public Radio Foundation: 10 hours /week at a minimum
Simply Living: 10 hours/week at a minimum
Except as stated herein, no other changes are made to the existing text of the Settlement Agreement (Universal Timeshare Agreement).
In Witness Whereof, this Amendment No. 1 to the Settlement Agreement is hereby executed as of the date first above written:
BEXLEY PUBLIC RADIO FOUNDATION
By:__________________________________
Name:_______________________________
Title:________________________________
CAPITAL UNIVERSITY
By:_________________________________
Name:_______________________________
Title:________________________________
COMMUNITY REFUGEE AND IMMIGRATION SERVICES
By:_________________________________
Name:______________________________
Title:_______________________________
GROVEPORT MADISON LOCAL SCHOOL DISTRICT
By:__________________________________
Name:________________________________
Title:_________________________________
SIMPLY LIVING
By:_________________________________
Name:_______________________________
Title:________________________________
UPDATE SUNDAY JUNE 13, 2010: MARILYN WELKER, DIRECTOR OF SL SENT THE FOLLOWING EMAIL TO JOHN ANDERSON OF ANDERSON DEVOSS AND JOHNSON BROADCAST CONSULTING GROUP. THE EMAIL WAS FORWARDED TO BPRF BY JOHN ANDERSON. ADJ HAS BEEN ENGAGED BY BPRF TO PROVIDE CONSULTING SERVICES ON THE TIMESHARE AGREEMENT AND OTHER MATTERS.
On Sun, 6/13/10, Marilyn Welker
From: Marilyn Welker
Subject: Re: Arbitron statistics
To: "John Anderson"
Date: Sunday, June 13, 2010, 6:34 PM
I just got off the phone with Bob, John.
What are the possibilities of
Bexley agreeing to a noon/midnight split, BPRF taking either time?
Bexley agreeing to a 3am/3pm split w/ SL taking morning time?
Marilyn
UPDATE MONDAY JUNE 14, 2010: ON MONDAY JUNE 14, 2010, BPRF DELIVERED THE FOLLOWING TO CRIS, CU AND SL.
June 14, 2010
To all:
BPRF withdraws the proposed Amendment No. 1 of even date herewith whereby BPRF would broadcast during the 3:00 p.m. to 3:00 a.m. time slot and SL would broadcast during the 3:00 a.m. to 3:00 p.m. time slot.
BPRF accepts the SL offer made in an email of June 13, 2010 for BPRF to have the 12:00 noon to 12:00 midnight time slot and SL would have the 12:00 midnight to 12:00 noon time slot.
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