Another broadcaster claims it was fouled by Citadel
Ed Levine's Galaxy Communications says Citadel Broadcasting Company went out of bounds in its effort to stop Galaxy from building an FM translator in Fulton NY, which Galaxy was seeking to bolster its coverage of the Syracuse market. Similar charges have come from Red Wolf Broadcasting in the New London CT market (2/3/05 RBR #24).
Galaxy's permission to build the CP was rescinded, and it says the rescission was completely improper and that the CP should be reinstated. Galaxy says that Citadel's objection was flawed and "...should not have made it past Square One." Among the deficiencies of the Citadal action, Galaxy charges that it planted complainants, who later recanted their testimony, an echo of the charges made by Red Wolf in the New London case. Red Wolf went so far as to challenge Citadel's character qualifications as an FCC licensee.
In a recently filed application for the transfer of stations in Tuscaloosa/Birmingham AL, Citadel mentioned the New London case out of "an abundance of caution," noting that the proceeding was informal and stated its confidence that charges against Citadel would be found to be without merit.
In a filing with the FCC put together by attorneys from Fletcher Heald & Hildreth, including Howard M. Weiss, Harry F. Cole, Michael W. Richards, Galaxy said, "Citadel's petition for reconsideration should not even have been considered in the first place because it suffered multiple significant procedural flaws on its face, flaws which should have caused it to be summarily dismissed. Moreover, even if Citadel's petition could properly have been considered on its 'merits', Citadel's showing fell far short of the showing which is required by the Commission in cases such as this. Citadel purported to present evidence, in the form of 'certifications' by certain individuals claiming to be listeners of Citadel's Station WLTI(FM) in the area in which Citadel predicts interference to that station from Galaxy's proposed translator. But as set forth herein, Citadel's evidence is contradicted by the fact that two of those individuals have indicated to Galaxy that they are not WLTI listeners, and in any event, Galaxy has determined that WLTI's signal is not listenable at any of the sites at which Citadel's supposed listeners are said to have listened to WLTI. Further, even if its supposed listeners could receive the station as they claim, Citadel failed to demonstrate that they are 'regular' listeners, as required by the Commission."
In a recently filed application for the transfer of stations in Tuscaloosa/Birmingham AL, Citadel mentioned the New London case out of "an abundance of caution," noting that the proceeding was informal and that stated its confidence that charges against Citadel would be found to be without merit.
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