Nine applications for low-power FM stations in four states have been dismissed because the FCC has determined they were commonly controlled, which is not allowed under LPFM rules.
The applications were filed during the 2023 window for new LPFMs. They were for markets in Florida, Wisconsin, California and Oregon.
The case involves 11 applications in total. They are:
- Heartland Educational Broadcasting in Sebring, Fla.
- Sebring Educational Broadcast Corporation in Sebring, Fla.
- Lake Placid Spanish Educational Broadcasting Corporation in Lake Placid, Fla.
- Lake Placid Educational Broadcasting Corporation in Lake Placid, Fla.
- Desoto Educational Broadcasting Corporation in Arcadia, Fla.
- Winwood Lifestyle Educational Radio Corporation in Rhinelander, Wis.
- Oxford Lifestyle Educational Radio in Oxford, Wis.
- Lake Wales Educational Broadcasting Corporation in Lake Wales, Wis.
- Sturgeon Bay LifeStyle Educational Radio in Sturgeon Bay, Wis.
- Visalia Life Education Foundation, Inc. in Visalia, Calif.
- Grants Pass Lifestyle Educational Radio Corporation in Grants Pass, Ore.
Several informal objections were filed in February by Triangle Access Broadcasting, alleging common control among the applications. Triangle is based in Raleigh, N.C., and operates 93.5 WRLY(LP) there.
It cited a Division of Corporations search in Florida that revealed Michael D. Palsgrove as the registered agent for each of the 11 entities named as applicants. Florida is where each of the applicants is incorporated as a non-profit organization. Triangle saod the articles of creation for each of the Florida entities specify that Heartland Inc. appoints the officers of each organization.
Although Heartland Inc. doesn’t appear to be a registered corporation in Florida, Triangle argued that the applications trace back to Heartland as a common owner. The FCC agreed.
The rules prohibit a party from holding an attributable interest in more than one LPFM. The Media Bureau has dismissed nine of the 11 applications. It said Triangle’s objection met the burden needed to prove the applicants are not separate entities but “in fact all commonly controlled by Heartland Inc.”
Two applications — for Sturgeon Bay and Rhinelander in Wisconsin — were set aside because they are part of mutually exclusive application groups that have not yet been resolved. The commission will only analyze the objection in relation to those two applications if they become tentative selectees.
No opposition to Triangle’s objection was filed by anyone connected with the 11 LPFMs.
Several of the dismissed LPFMs, in their applications, expressed the desire to feature “home-oriented educational topics” in their programming, including Christian Bible teaching and inspirational music.
(Read the FCC’s decision to dismiss the nine LPFM applications.)
