Christian education organization Vanguard Association of Sunbelt Colleges Corp. has won a construction permit for a new noncom educational FM station in Rosendale, Wis., despite an informal objection and a petition to deny from two other applicants.
VASC had been chosen by the FCC Media Bureau as the tentative winner of a mutually exclusive group of eight applications in the 2021 NCE filing window. The MX group also included Call Communications Group and WRVM, Inc.
According to the FCC, Call Comm then filed an informal objection, questioning whether VASC had the “reasonable site assurance” for its selected Fond du Lac County tower site.
Call Comm also alleged that VASC might have “attributable interests” with the Elijah Radio noncom broadcast network, an eerily familiar argument against the Christian organization. This is the second time this month where VASC was granted a CP despite objections. Earlier in February, VASC’s application won in neighboring Iowa.
VASC President David Biehl and Elijah Radio Vice President Thomas Beihl are siblings. Call Comm argued that because Elijah Radio had reached the 10-application cap for the filing window VASC’s application by association should be dismissed.
Additionally, WRVM filed a petition to deny the application, questioning whether the Rosendale application was part of strategy by Elijah Radio President Luke Rogers, VASC’s technical consultant, to circumvent the application cap. WRVM also alleged that VASC was ineligible to hold a noncom license in Wisconsin due to it not being registered as a nonprofit in the state, nor as a section 501(c)(3) nonprofit entity under the Internal Revenue Code.
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But VASC denied any attempt to circumvent the cap in its opposition to the petition. VASC also stated that it is a registered nonprofit in the state of Arizona. And in a letter of intent response to the commission, VASC included email correspondence between its desired tower owner’s agent.
In response, Call Com questioned whether Elijah Radio or Beihl’s father, Gary, has expressed de facto control over the application. VASC had included in its application a loan commitment in excess of $500,000 from Gary Beihl among its financial qualifications.
In its decision upholding the choice, the Media Bureau deemed VASC as having reasonable site assurance through its email correspondence. The bureau also rejected the argument that the familial and business relationships between the Beihls and Rogers’ were sufficient to demonstrate common control of applications.
The bureau also noted that it does not require applicants to be incorporated as nonprofit entities in the state of the proposed station, nor do they need to be qualified as a section 501(c)(3) nonprofit entity.
Outcome: a CP for Vanguard Association of Sunbelt Colleges in Rosendale. The proposed Class C3 signal on 88.3 would serve Fond du Lac and points west, including Ripon.
