Waiver withdrawn in Fargo


Triad Broadcasting had a waiver from the FCC to continue a joint sales agreement by its Fargo, ND cluster of KEGK-FM, owned by Guderian Broadcasting. That waiver was to have run through August 4th of this year. Now, however, the FCC has ordered the JSA dissolved within 90 days. The Commission ruling came on a motion filed by Radio Fargo-Moorhead (RFM), which argued that conditions had changed in the market since the waiver was granted. RFM now owns most of what had been the Clear Channel cluster, but had to divest one FM to come into compliance with the current ownership rules. It argued successfully that the termination of Clear Channel’s grandfathered cluster warrants the termination also of the Triad JSA, since both companies would then compete with four FMs. Triad and Guderian had opposed the motion, but lost, and now have 90 days to unwind the JSA.

What Triad will do next is not yet clear. “Obviously we are in profound disagreement and we are conferring with FCC counsel,” CEO David Benjamin told RBR.