In a recent development, Saga Communications has taken a strong stance against a proposed LPFM station in Springfield, Massachusetts, filing a formal complaint with the FCC. The crux of the matter revolves around the applicant, Iglesia Cristiana Jehova Vive (ICJV), and its application for WJKM-LP (94.3 FM). Saga's complaint highlights several issues, including technical defects, potential misrepresentation, and a concerning pattern of behavior from ICJV.
Allegations of Technical Defects and Misrepresentation
Saga's primary argument revolves around the technical aspects of ICJV's application. They claim that the application lacks reasonable assurance of access to the proposed transmitter site, with conflicting tower information provided in the FCC application and its engineering exhibit. This is a critical issue, as it directly impacts the station's ability to operate without causing interference to other stations.
Furthermore, Saga accuses ICJV of potential misrepresentation regarding its treasurer, Berenisse Figueroa. Figueroa, when contacted, denied any involvement with the station and claimed that her name was being used without her consent. This raises serious questions about the authenticity of the application and the identity of ICJV's principals.
Pirate Radio Ties and Unlicensed Broadcasting
One of the most intriguing aspects of this dispute is the potential connection between ICJV and a former pirate radio operator, Jonathan Alcantara. Saga believes that Alcantara, who has been identified as an ICJV director or operations manager, is the same individual who received a pirate warning for an unlicensed Spanish-language station in the Wilkes Barre-Scranton market. If proven true, this would be a significant violation of FCC rules, as it would bar ICJV from receiving LPFM grants.
The evidence cited by Saga includes common telephone numbers, prior FCC filings, and internet records linking the two individuals. The fact that Alcantara has been marketing his programming to LPFM stations further adds to the suspicion.
Pattern of Behavior and Abuse of Process
Saga's complaint also highlights a pattern of behavior from ICJV. They have repeatedly filed modification applications, only to withdraw them after objections are lodged or have them dismissed by FCC staff. This behavior, according to Saga, constitutes an abuse of the process, as it delays the construction of the station and burdens Commission staff and interested parties with repetitive filings.
Conclusion and Recommendations
In conclusion, Saga's complaint raises several valid concerns about ICJV's application for WJKM-LP. The technical defects, potential misrepresentation, and the possibility of pirate radio ties all contribute to a complex and potentially damaging situation for the LPFM community. The FCC's Enforcement Bureau will need to carefully examine these allegations and determine the appropriate course of action.
This case serves as a reminder of the importance of thorough and honest applications in the LPFM process. It also highlights the need for the FCC to closely monitor and investigate any potential violations to ensure the integrity of the broadcasting industry.
