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FCC rejects sale of KTDK

Fully agreed with Mediafrog: 104.1 *will* be back someday.

Yes, the KTDK facility is, #in all probability, permanently gone. However, the underlying 104.1 Sanger channel allocation remains.

Well-established FCC policy is that, when an unused channel allocation exists, applications to use that allocation will be accepted. If an application is received that meets technical & other standards, it will be granted. (if more than one acceptable application is received, an auction will be held to determine who gets approved. Either way, a permit *will* be granted.)

So the only question not addressed by well-established policy is whether anyone will apply to use the 104.1 Sanger channel assignment. People are willing to go to auction over *AM* facilities in markets smaller than DFW. IMHO the chances that nobody will file an application to use this allocation are about the same as the chances of encountering Abraham Lincoln riding a polar bear down the beach on South Padre Island.

# Activity in the last couple of days on this front may be an attempt to get KTDK "undeleted". I think they ran out of time to argue with the FCC over the validity of the Whitley deal -- I think now that they've cleared their other deal, they're going to work on appealing the Whitley decision. If they succeed, the rationale for surrendering KTDK is gone and I think they can make a case for getting 104.1 back.

Now, I wouldn't be betting my life savings on the chances of the Whitley decision being reversed on appeal. But I think it's possible, and I think it's probably worth a few hours of Cumulus' legal department's time.
 
Sure, it's in the growth pattern but has just 6.3kW at 192 meters, and it's a 73.215 contour protection station besides. Pardon me, it was. I don't know if you really checked out their coverage but it wasn't that great in some really important areas.



Remember that we're talking about a DELETED facility, and you know the FCC's stance on those situations. Also it was Whitley who tried to pull a fast one on the FCC, which they didn't appreciate. So why are you convinced it's coming back?

Look at Austin. The FCC reinstated all 3 of their deleted stations, so it's not unprecedented.
 
Fully agreed with Mediafrog: 104.1 *will* be back someday.

Now, I wouldn't be betting my life savings on the chances of the Whitley decision being reversed on appeal. But I think it's possible, and I think it's probably worth a few hours of Cumulus' legal department's time.

In an earlier post I speculated that the FCC could reverse its decision on this deal but I still believe the final decision on this probably won't resemble what some of us are expecting. The Whitley deal for $100 didn't sit well with the FCC and that's why I'm skeptical about the "sale" going through. Surely stranger things have happened, however.

For now the 104.1 allocation is listed as vacant and I really don't expect that to change anytime soon. There's a lot of legal wrangling going on and I'm sorry, but I just don't see the facility as being all that valuable. It covers the COL (Sanger) with the required city grade signal but it barely encompasses Denton with a 60dBu level, and that's about it. This is a facility that cannot be moved and can't be upgraded, and it can't offer a really substantial signal over areas where the much of the northward growth is taking place, namely the U.S. 75 corridor.
 
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Oh, it's never going to be a top-tier DFW signal.

But with people willing to go to great lengths to get their hands on smaller FM signals -- or even AM signals -- I don't see ANY chance this assignment will go unused. Someone -- almost certainly, multiple someones -- will want it.
 
I do know what channel DFW residents will be setting their Christmas lights to, however.

104.1 is pretty damn prime DFW turf. Right there with 99.9.
 
If Cumulus surrenders its license, the bidding war over the 104.1 frequency will be fearsome. It's certainly more prime than 99.9.

With the license surrendered, the allocation hopefully will remain.....if not, that will be a major PITA for other trying to get 104.1 reallocated and then the bidding wars begin....If Cumulus was serious about selling, surely someone would have come up with something like 500K or so....
 
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