FCC Issues Letter of Inquiry into Proposed KUSF Sale
“As part of the transaction, Licensee and CPRN negotiated and executed a ‘Public Service Operating Agreement’ (‘PSOA’) pursuant to which CPRN provides programming to be broadcast on the Station prior to approval and consummation of the assignment. The terms of the PSOA present issues involving the parties’ compliance with Commission rules and policies concerning the operation and control of the Station. Accordingly, we direct Licensee and CPRN…to provide responses to the following inquiries, within thirty (30) calendar days from the date of this letter.”
The letter requests both USF and CPRN to provide extensive information about their working relationship and about the terms of the deal and PSOA. It also points to some areas where FCC violations may be occurring. Specifically, it would appear that the FCC is concerned about USF’s loss of control of its broadcast studio ( an issue which was raised in a letter to the FCC from Friends of KUSF in support of their Petition to Deny the license sale), has questions about the educational purpose of CPRN’s programming, and is curious to gain more information about whether or not CPRN is authorized to fundraise for itself over a station licensed to another entity.
According to the letter, after USF and CPRN respond to this inquiry, “The petitioners and objectors will then have 10 days from the receipt of the response requested herein to comment on the response; counsel for the Licensee and CPRN must be served with any such comments.”
Here are excerpts from 4 of the 15 questions contained in the letter:
1) On a weekly basis…specify how many hours each week the Station broadcast programming supplied by CPRN, and where and when, specifically, that programming was produced.
a. Also, specify any dates and times when the Licensee preempted or rejected any CPRN programming.
b. Describe the ability of the Licensee (including availability of necessary personnel and equipment) to originate programming at the Station’s main studio location from the Effective date until the Response Date.
c. Describe the process by which and identify the individuals through whom the Licensee reviews and evaluates the programming supplied by CPRN for broadcast on the Station…
2) Provide a copy of all Documents from June 1, 2010, to the present, to or from Rev. Stephen Privett, Mr. Charles Cross, Donna Davis, Esq., and/or Mr. Stephen Runyon concerning the proposed sale of the Station, the PSOA or CPRN.
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