On January 10, Kalamazoo Broadcasting Company sent a letter to the FCC’s Media Bureau informing them that an AM radio station had ceased operations. As a part of that communication, the licensee surrendered the station’s license for immediate cancellation. More than a month later, a Petition for Reconsideration was filed by an individual who wanted to bring this AM back from the dead.
That effort has now failed.
Michael Lueck, a listener of the now-deleted WKPR-AM in Kalamazoo, argued he had standing under the FCC’s rules to file a petition for reconsideration.
The Media Bureau disagreed, as Lueck presented an argument that stated KBC’s surrender of the WKPR license is invalid because it was signed by KBC’s attorney, and without a certification from KBC, which is only acceptable under special circumstances.
KBC’s legal counsel is Aaron Shainis.
Lueck also argued that KBC should have included its reasons for discontinuing operations and that KBC should have given listeners notice of its intent to discontinue operation, to afford opportunity for assignment of the license, in light of what Lueck characterizes as “a freeze on AM applications.”
In his decision, Audio Division Chief Albert Shuldiner explained, “Although Lueck is a regular listener of the station and resident of the station’s service area, the Bureau cannot afford Lueck the requested redress.”
He also rejected Lueck’s claims that KBC’s Cancellation Request is invalid because it was signed by KBC’s attorney. “Lueck does not cite to any rule that prohibits a licensee’s attorney from signing a letter on its behalf, notifying the Bureau of the station’s discontinuance of operation,” Shuldiner said.
