The quest by Centro Cristiano De Vida Eterna San Antonio to build a new noncommercial FM may have proven unsuccessful. But, it will be the ultimate victor in its battle against Texas Public Radio to gain the over-the-air home.
How so? TPR is assigning a construction permit for a facility licensed to Gonzales, Tex., in order to settle a mutually exclusive matter involving a new Class C3 FM both parties sought to construct.
It brings a resolution to “MX Group 196” in the FCC’s noncommercial FM November 2021 filing window.
Initially, the Media Bureau’s Audio Division, Al Shuldiner, named as tentative selectee Centro Cristiano de Vida Eterna San Antonio.
On December 9, 2022, TPR wrote to Shuldiner, filing a Petition to Deny. Among other things, TPR asserted that Centro Cristiano’s application should be dismissed because it failed to provide a proper site assurance exhibit. In particular, TPR shared that Centro Cristiano’s application lists a tower owned by American Tower Corp.
Here’s the problem: Contact information on the application is for an officer of a competing company, Boca Raton, Fla.-based Vertical Bridge.
What did Centro Cristiano do in response? Nothing… at first. What Centro Cristiano did respond to was a Letter of Inquiry sent by Shuldiner’s team. In it, Centro Cristiano noted that at the time it filed the application, it “had reasonable assurance that the site specified in the application was available to it.”
But, Centro Cristiano submitted no documentation with its Letter of Inquiry response. Thus, Shuldiner declared its application defective, on the grounds that differing information was never corrected or remedied.
This transpired in January 2023, at which time the Media Bureau moved ahead with plans for a new fair distribution analysis that weighed TPR’s proposed new service in Gonzales, Tex., and a second Centro Cristiano proposal for a site in Runge, Tex.
The results of this test were so close a point system analysis was conducted. But, those results are now moot, as TPR’s plan to build a Class C3 FM in Gonzales, Tex., will survive and Centro Cristiano’s petition will be dismissed.
For Centro Cristiano, a new FM at 91.9 MHz will be born. It bears Facility ID 766262, granted in LMS File No. 0000166682.
There is no other consideration to be exchanged.
TPR’s legal counsel are Melodie Virtue and Brad Deutsch of Foster Garvey PC. Centro Cristiano is represented by The Law Office of Dan J. Alpert.
