Roughly one hour east of San Antonio lies the city of Gonzales, Texas. On the FM band, one can hear an Emmis Communications-owned Alternative station from Austin; San Marcos-based KBPA-FM “103.5 BOB FM,” a ratings leader in San Antonio; a Class A Country station located in nearby Yoakum; Air1 and KLOVE affiliates; and the primary station for an increasingly popular Americana network branded as “Sun Radio” — KCTI-FM 88.1.
Those call letters presented a problem to Texas Public Radio (TPR). Why? Those are the same call letters of its KCTI-AM 1450, licensed to Gonzales. The FCC’s Media Bureau reviewed the matter, and it has now rendered its decision.
On May 10, TPR filed a petition for reconsideration of a Media Bureau decision to dismiss — as a late-filed petition for reconsideration — its request to rescind call sign KCTI-FM, licensed to Sun Radio Foundation.
This raised “identical arguments” contained in TPR’s recession request, in which it argues that the Video Division should not have granted call sign KCTI-FM because neither TPR nor Gonzales Communications LLP, a former licensee of KCTI-AM, provided “authorized consent” to use call sign KCTI-FM to Sun Radio or its previous licensee, Maranatha Church of Laredo Inc.
TPR continued its argument by alleging that Steven Oakes, then the GM Of KCTI-AM under Gonzales Communications ownership, did not have the authority to grant Maranatha consent to use call sign KCTI-FM.
Further, TPR argues that call sign assignments and changes are not subject to petitions for reconsideration because they are not “Commission actions.” According to TPR, the Commission’s call sign clearing house is a “ministerial processing system that does not involve any ‘action’ by the Commission.”
In short, TPR labels its Rescission Request nothing more than a request to correct a “ministerial error.”
Naturally, Sun Radio refuted TPR’s allegation that Maranatha did not have consent to use call sign KCTI-FM, among other elements of TPR’s argument.
How did the Media Bureau decide?
The call letters aren’t changing, with KCTI-FM staying put.
Naturally, this may cause ruffles with TPR in any effort to land an FM translator for KCTI-AM, as this would cause listener confusion absent of a call letter change for its station.
What was the Media Bureau’s reasoning? It dismissed TPR’s Petition on procedural grounds, as the petition for reconsideration was judged as “repetitious.” It said, “After reviewing all of the pleadings TPR has submitted, we find that TPR’s petition raises the same arguments contained in its Rescission Request.”
It then sided with Sun Radio with respect to permission to use the call sign, noting, “we would not have assigned call sign KCTI-FM to the station had we found that Maranatha failed to receive consent from Gonzales. Our review of the record reveals that Gonzales, by and through Steven Oakes, provided such consent to Maranatha via an e-mail
dated Feb. 29, 2016.”
Thus, the GM’s authorization stands — despite TPR’s assertion that he didn’t have the power to do so. That matter is up to the courts, and not the Media Bureau.
“We cannot resolve the underlying issue of whether Steven Oakes had the authority to grant Maranatha consent to use call sign KCTI-FM,” the Bureau notes. “Such an analysis would require the Commission to resolve a factual dispute akin to that raised in agency and contract law – both of which are outside of the Commission’s jurisdiction.”
Lastly, TPR’s argument that call sign assignments are not “Commission actions” subject to petitions for reconsideration was tossed.
“Although the Commission’s call sign clearinghouse is an automated and digitized application system, the act of applying for a call sign assignment or modification, regardless of the medium the Commission uses to receive such applications,
is a request for the Commission’s approval of that application – an ‘action’ of the Commission,” the Media Bureau ruled “Furthermore, we have always considered call sign assignments and changes as ‘Commission actions.’”
