On Nov. 30, 2016 RBR + TVBR told you that Michigan-based Roy E. Henderson had decided to part ways with 100kw Class C1 KROY-FM 99.7 in Palacios, Texas.
The station’s signal, as reported, covers a large swath of the Texas Gulf Coast from just southwest of Houston to Matagorda Island, just north of Corpus Christi.
KROY was sold to New Wavo II for $550,000. An escrow deposit of $27,500 had been made to Henderson’s escrow agent.
It turns out all of that will need to be reversed: Henderson can’t sell KROY-FM because the station’s license expired.
As a result, the KROY-FM call letters have been deleted, and as a result the deal has been scrubbed.
Why?
KROY-FM was silent or operating with unauthorized facilities from Dec. 26, 2009 (the day after a Second Engineering STA for the “Palacios Site” expired), to March 15, 2014, when automatic program test authority commenced at the “Matagorda Site.” Furthermore, during the two brief periods of operation Henderson reported during this time (March 1-9, 2013, and Dec. 23, 2013-Jan. 2, 2014, “the station lacked any sort of commission authority to operate—STA, PTA, or license to cover—at either site.
“Therefore, the station’s license expired as a matter of law on or about Dec. 26, 2010, pursuant to Section 312(g) of the Act,” the Commission ruled.
RBR + TVBR OBSERVATION: Lordy, lord … For more than three years KROY-FM was either silent or engaging in unauthorized operation. Then, Mr. Henderson attempts to sell it for $550,000. After pointing fingers at Mr. Henderson Monday morning (1/16), he responded by saying, “The FCC has made an incorrect judgment in the KROY decision and it is under appeal.” We apologize for our name-calling. But, this situation seems really messy.
