Powell Meredith Communications wanted to build a new AM station in Paradise, Nevada.
But because it didn’t build within three years, the owner lost the license.
Claiming civil rights violations, Powell asked the whole commission to review the Media Bureau decision.
Powell got the AM allocation in the 2004 filing window for Auction 84 and was awarded a construction permit in 2009. But Alvin Lou Media, a competing application from a previous auction window, wanted the same that allocation.
The clock didn’t start ticking on Powell’s construction period until the Media Bureau dismissed ALM’s petition. Powell’s construction had to be done by Oct. 11, 2014.
But that March, Powell asked the FCC to change the community of license to Enterprise, Nevada, nearly 12 miles southwest from Paradise and also asked for more time to build the station. The agency granted the move, but not the extra time to build, saying its rules recognize a narrow set of circumstances to extend the construction period, basically things beyond a permittee’s control, like acts of God or judicial challenges.
Powell argued it was entitled to the extra time to build because of surrounding 8 FM translator applications it filed and said 5 were fraudulently transferred to a third party when the FCC’s electronic database were hacked by two individuals connected to the ex-husband of Powell principal Amy Meredith.
The alleged hackers (Rockwell Media Services, LLC; its principal, E. Morgan Skinner, Jr.; and its attorney, John Christian Barlow) filed a lawsuit in Utah state court over the eight unrelated FM translators, and the Paradise construction permit “became part of the litigation,” argued Powell.
The commission found no evidence the Paradise CP was part of that litigation and there was no basis to extend the construction time. The station also alleged he commission allowed the so-called hackers to gain access to Powell’s accounts in the agency’s electronic database, which the commission denies.
Powell alleged because its principal is a woman, it was a victim of discrimination by the Audio Division. The full commission found no evidence of discrimination and said it had already granted Powell five years of extensions beyond the original 3-year CP and agrees with the Media Bureau that the owner’s application for review is denied.
