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KA9LCF > NEWS 17.06.12 06:03l 41 Lines 1642 Bytes #999 (0) @ ALLIN
BID : 36882-KA9LCF
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Subj: ARN: Radio Law
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Sent: 120616/0440Z 36882@KA9LCF.#NEIN.IN.USA.NOAM [167962]FBB7.01.35 alpha $:36
From: KA9LCF@KA9LCF.#NEIN.IN.USA.NOAM
To : NEWS@ALLIN
RADIO LAW: FCC RULES THAT STATE COURT CANNOT ORDER RADIO
STATION LICENSE TRANSFER
The FCC has ruled that a license issued by that agency
cannot be used by a local court to satisfy a debt.
In its finding the commission ruled that a court in Puerto
Rico exceeded its authority in ordering a broadcaster to
turn over the license of WEGA-AM to help satisfy a financial
judgment.
The FCC had been asked to approve the involuntary assignment
of the WEGA-AM license to Carmelo Santiago Roman, owner of
VI/MAN Broadcasting System Corporation, This, after the
local court ordered station owner A Radio Co. to turn over
cash, the license and other property to a court-appointed
holder pending a final court order in their financial
dispute. Both sides then presented arguments to the FCC
explaining their legal views about the involuntary license
transfer.
Now in issuing a decision, Peter Doyle, who is Chief of the
FCC's Media Bureau's Audio Division, stated that his agency
retains exclusive authority to license broadcast stations.
He noted that when a state court's decision is contrary to
commission policy, the commission is neither bound by the
state court order nor need take action to allow the order to
be carried out.
Doyle continued that a license, unlike a station's physical
assets, is not subject to a mortgage, security interest,
attachment or similar property right. What's more, licenses
are subject to the FCC's consent before any transfer. As
such the decision of the court in Puerto Rico to "attach"
the license of WEGA-AM is invalid from the outset. (FCC, RW)
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