Another Legal Setback For Stolz In KWOD Fight

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Petition denied.


That’s the short and to-the-point message sent Wednesday to Edward R. Stolz and his Royce International Broadcasting Co. by the U.S. Court of Appeals for the District of Columbia Circuit in response to a rehearing en banc of his long-standing case against Entercom Communications pertaining to the sale of the former KWOD-FM 106.5 in Sacramento.

The denial quashes the hopes of Royce that the D.C. Circuit would reexamine its decision to uphold the 1996 sale of KWOD (now KUDL-FM 106.5, branded as “The End”) to Entercom.

Stolz’s ongoing battle, nearly 22 years old, continued in February, when he again attempted to block the license transfer of the 50kw Class B Sacramento station to Entercom.

Stolz argues that a state court in California went beyond its authority when it ordered him to surrender the license of KWOD to Entercom.

His arguments have thus far fallen on deaf ears, as the D.C. Circuit unanimously declined to consider an en banc rehearing.

Stolz’s saga began in February 1996, when Royce International agreed to sell then-Alternative KWOD to Entercom for $25 million.

In September 1999, Stolz attempted to stop (or reverse) the license transfer of KWOD. He sued Entercom’s now-President/CEO David Field, alleging violations of the Racketeer Influenced and Corrupt Organization Act (RICO).

The battle dragged on to July 2002, when the FCC dismissed the original Form 314 filing proposing the transfer of control of KWOD to Entercom.

In May 2003, a new Form 314 filing was granted by the Commission, pursuant to “the interlocutory judgment issued by the Superior Court for the State of California” in Entercom v. Royce International, which ruled that the sale of KWOD was valid and should be consummated. The original February 1996 FAX from Entercom outlining the terms of the deal, which was dismissed in July 2002, was then resubmitted to the Commission.

Much has changed in Sacramento radio since February 1996. First, KWOD no longer exists. Second, it became the home of Entercom’s CHR/Pop “The End” on Feb. 6, 2017 after Entercom agreed to surrender the license of the former KDND-FM 107.9. This was done in order to expeditiously resolve any potential obstacle to its merger with CBS Radio, following renewed complaints that Entercom was not sufficiently penalized for KDND’s fatal “Hold Your Wee for a Wii” stunt conducted in January 2007.

Royce had owned KWOD from 1977, when he switched it from Beautiful Music to a Soft AC/Smooth Jazz hybrid similar to “Love 94” in Miami.


FROM THE RBR+TVBR ARCHIVES:

‘The End’ Arrives For KDND

Branding for KDND-FM 107.9 in Sacramento shifts to KUDL-FM 106.5 at 9 a.m. PT; KDND to go dark Wednesday at 12:01 a.m. PT

KDND’s End: ‘Huge’ Public Interest Win

Media Action Center (MAC) and its founder call Entercom’s KDND license surrender “a huge public interest victory”