How long can one fight for what they believe is right? For Edward Stolz II, owner of three FMs and KBET-AM 790 in Las Vegas, the answer is 22 years.
Stolz has been protesting the sale of his former KWOD-FM 106.5 in Sacramento, today known as KUDL-FM “106.5 The End,” since February 1996.
Based on the ruling made Tuesday (5/8) by FCC General Counsel Thomas Johnson Jr., Stolz will need to extend the long duration of his fight — or finally call it quits.
On Oct. 10, 2017, a Petition for Reconsideration (PFR) was filed by Stolz pertaining to the license renewal of The End.
Stolz sought reconsideration of a Commission memorandum opinion and order dismissing, and on alternative and independent grounds denying, an earlier petition for reconsideration he had filed.
Johnson said no, based on several issues including lack of standing, and not acting in a timely manner, although the standing issue is far greater in this matter.
This latest denial for Stolz follows a March 2018 setback by the U.S. Court of Appeals for the District of Columbia Circuit in response to a rehearing en banc of his long-standing case against Entercom Communications pertaining to the sale of the former KWOD-FM.
The denial quashed the hopes of Stolz that the D.C. Circuit would reexamine its decision to uphold the 1996 sale of “The End” to Entercom.
Stolz’s saga began in February 1996, when Royce International agreed to sell then-Alternative KWOD to Entercom for $25 million.
In September 1999, Stolz attempted to stop (or reverse) the license transfer of KWOD. He sued Entercom’s now-President/CEO David Field, alleging violations of the Racketeer Influenced and Corrupt Organization Act (RICO).
The battle dragged on to July 2002, when the FCC dismissed the original Form 314 filing proposing the transfer of control of KWOD to Entercom.
In May 2003, a new Form 314 filing was granted by the Commission, pursuant to “the interlocutory judgment issued by the Superior Court for the State of California” in Entercom v. Royce International, which ruled that the sale of KWOD was valid and should be consummated. The original February 1996 FAX from Entercom outlining the terms of the deal, which was dismissed in July 2002, was then resubmitted to the Commission.
Stolz argued that California state court went beyond its authority when it ordered him to surrender the license of KWOD to Entercom.
Royce International had owned KWOD from 1977.