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.
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.