Saga Communications has filed a compelling complaint with the Federal Communications Commission (FCC), alleging a series of technical and ethical issues with a pending LPFM application in Springfield, MA. This dispute revolves around the applicant, Iglesia Cristiana Jehova Vive (ICJV), and their proposed station, WJKM-LP (94.3 FM). Saga's complaint highlights a web of potential problems that could have significant implications for the radio industry and the FCC's regulatory process.
The Technical Defects
Saga's primary argument revolves around the technical aspects of the application. They claim that ICJV's proposal fails to demonstrate reasonable assurance of access to the proposed transmitter site, and there are conflicting tower information between the FCC application and its engineering exhibit. This lack of clarity and assurance is a critical issue, as it directly impacts the station's ability to operate legally and without causing interference to other stations.
Allegations of Misrepresentation
The complaint also raises concerns about potential misrepresentation by ICJV. Saga's attorneys received a letter from a woman, Berenisse Figueroa, who denied any involvement with the organization and claimed her identity was being used without her consent. This suggests a potential attempt to deceive the FCC, which could have serious consequences for the organization's credibility and future applications.
Ties to Pirate Radio
One of the most intriguing aspects of the complaint is the alleged connection between ICJV and a former pirate radio operator, Jonathan Alcantara. Saga argues that the same individual who was issued a pirate warning for an unlicensed Spanish-language station in the Wilkes Barre-Scranton market may be the same person listed as an ICJV director or operations manager. If true, this would be a significant violation of FCC rules, as it would bar ICJV from receiving LPFM grants.
Pattern of Withdrawals and Dismissals
Saga also accuses ICJV of a pattern of behavior that constitutes an abuse of process. They have repeatedly filed modification applications, only to withdraw them after objections are lodged or have them dismissed by FCC staff. This tactic not only delays the process but also raises questions about ICJV's genuine intent to construct the station.
Conclusion and Recommendations
In conclusion, Saga's complaint highlights a complex web of issues that the FCC must address. The technical defects, potential misrepresentation, and alleged ties to pirate radio operators all point to a need for a thorough investigation. The FCC should consider dismissing the current application with prejudice, rescinding the underlying construction permit, and deferring future applications until these issues are resolved. This approach would ensure a fair and transparent process for all parties involved.
