eiv d &

JUL. 82Q13
Julyl, 2013

FCC Mail oorn

To: Federal Communications Commission

2UkLJ

Chief, Audio Division
RE: Petition to Deny License Renewal, and Transfer
Tallgrass Broadcasting, LLC
KICAAM- Clovis New Mexico

) BRH 2013032ATV
-

BALH 20130509ABV
-

KKYC FM Clovis New Mexico

) BRH 20130328AT0
-

BAL 20130509ABW
-

KICA FM Farwell Texas

) BRH 2030530A0V
-

BALH 20130402ACH
-

KMUL AM Farwell Texas
____________________________

) BRH 20130530A0T
-

BAL

-

20130402AC1

In regards to the Opposition to our Petition To Deny received from Tallgrass
Broadcasting, we look very forward to asserting accurate and non misleading
information in regards to this situation.
As an overview I find the only person responsible for multiple levels of issues in
this have all led to the only person, now not a part to this, the first receiver,
Christopher Oldroyd. This is an intentional dodge trying to hold Tallgrass
ownership not responsible for their actions. This simply isn't true, accurate or
correct.
I will offer a point by point response to provided information and will offer a
conclusion based on facts, not manipulation of time, and events involved.

13

t

1. In following the rules for filing our initial Petition To Deny per FCC instructions,
it seems Tallgrass wishes to make this just an informal document. They would
like you to believe by not providing a copy to Tallgrass or purchasing company
Tejas Broadcasting it somehow diminishes it's content, which is incorrect.
Actually no such requirement is required or expected, so I am asking our
Petition To Deny to stand as a formal request on The Commission to put a stop
to the game of keeping things alive that are not, license wise in these stations.
2. Page 2, #2, Stations and license cities are incorrect, maybe just a mass typo.
3. The details are just inaccurate, as Tallgrass asserts. The fact is starting April 18
all 4 stations were on air that morning and had been for a short period of time
prior. KTQM Station Manager Bob Coker, myself Rick Keefer, and owner of
Rooney Moon Broadcasting, Steve Rooney all gathered at the KICA/KKYC
transmitter building where tower crews were working on the tower, and a
man who identified himself as an engineer for Tejas Broadcasting was present.
With all stations dark at the time, I asked him if his stations had a license to
broadcast, and he said yes. Then he said we wouldn't be on if he didn't.
This was not the April 26th start date indicated but rather April 18, 2013.
These stations continued to operate till KMUL left the air several days later,
and have remained dark since then, and KICA AM left the air for good several
weeks later, and has remained dark since then.
It should be noted these station had not asked for or sought permission to be
on the air and were to be dark. This is a violation of operational regulations.
4. The public file information provided by Tallgrass in intentionally vague and
simply incorrect. All Tallgrass Stations were on the air 9 days when KTQM
Station Manager Bob Coker followed published instructions per pre-filing
announcements in Clovis News Journal, taking him 2 states away to view the
public file in Oklahoma City, Oklahoma. There they indicated they didn't have
a file or it may be in Tulsa Oklahoma. Lori Fuller an employee for the Tallgrass
receiver had promised to overnight to Mr. Coker his requested parts of the
required public file.
2

In fact it had to be created and in fact only became available by hand delivery
on April 29th to Clovis New Mexico.

The simple facts are the public file was absent from the Clovis New Mexico or
Farwell Texas markets and not available here. Probably because a CD player in
repeat play since April 18th on KKYC FM and KICA FM coming from their
transmitter building doesn't meet requirements of Main Studio in any way.
The only studio (transmitter building) unstaffed since then, no remote control
operating point, or a place for the public to see the stations public file, and no
management present at the transmitter site. Recently a sign has gone up at
the Tejas sales office in Clovis, indicating the office is for Tejas and Tallgrass
broadcasting. The woman at the front desk indicated they don't have a studio
there but have ordered equipment so someday there will be.
Since then Tallgrass has published its remaining license renewal
announcements with the Clovis News Journal and State Line Tribune of Farwell
Texas. Every announcement still lists Oklahoma City as the place for the public
to view the stations public file 9 Exhibit 1). No on air announcements have
been heard per requirements, on Junel, 15th or on Julyist for license renewal
for the two stations generally on air.
The Public File placement remains in violation as does its lacking contents with
no section on station issues and answers since the last license renewal. During
the time the stations were on the air, 2007 to 2012 under the control of listed
ownership or in the final days operated by the first court appointed receiver
Christopher Oldroyd there is no issues and answers as indicated by Lori Fuller
an employee for the Tallgrass receiver (see Exhibit 2). This is a clear violation
of rules and shows a continuing pattern of intentional deception of the public.
Any listener to any or all of these stations hasn't heard a word of required
programming to meet license requirements in the entire period.
As for page 4, item #6, again there is no studio for these stations to have for a
location for their public file.
Also Silent or on air, a station must have a public file, and it still must contain
an issues and answers section for their on air time, from the vast majority of
the license period.
3

As for page 5 item #8, this is a clear example of non compliance in the matter
of [AS. When Curry County, the county of license for KKYC FM and KICA AM,
activated the [AS because of a Severe Thunderstorm Warning's on 5-6-2013,
at 17:56, also 5-6-2013 at 17:57, 5-6-2013 at 18:13, 5-25-2013 at 15:21, 5-252013 at 16:53, 5-25-2013 at 18:00, 5-28-2013 at 19:02, 5-28-2013 at 19:04, 603-2013 at 19:43, 6-21-2013 at 17:39, 6-21-2013 at 17:41, 6-21-2013 at 19:10,
each and every message was NOT broadcast, leading to the Zia assertion that
these stations don't have or can't operate their [AS systems. With hail and
strong winds of 50 to 60 miles per hour these storm announcements were
required of the stations and were absent (see [xhibit 3). Also KICA FM which
has its county of license as Parmer County in Texas, failed to respond to these
local weather warnings for their county as these same storms moved east into
West Texas and Parmer County.
PageS, #9, Zia claim will stand that these stations may have announced they
had resumed, but much of the public is still not aware of it. This will be
covered in a station by station report showing a continuation of darkness is
still occurring today and will be tomorrow.
Pages part#10, asserts former employees of Tallgrass owners Joe Walker and
Bill Curtis had every right as the person affected by these actions and decisions
of ownership to report them. They were the last 2 employees of Tallgrass
Broadcasting, period. When they left their positions, the stations ran without
a human at work, in New Mexico, or in Texas. For over a month nobody was at
the stations studio location, no public access to the public file, and no
ownership oversight in any way shape or form. On air operations were going
but nobody was home. As for the the Clovis Chamber of Commerce, that was
an agreement between Joseph Walker and the Chamber. He failed to live up
to his promise of helping fund that year's music event to the tune of $15,000.
Frequent attempts to collect were done by Chamber board members of Mr.
Walker. Again a character issue is about ownership, not the first receiver.
[mployment issues caused by ownership, failing to pay required state
employment taxes and even music license fees in Federal Court (see BMI
action on this matter) continue to prove ownership and not the first receiver
have operated these businesses inconsistent with the interest of the public.
4

Deceptive daily business practices with employees, the public, the music
industry, and the public as a whole, and again not the first receiver Christopher
Oldroyd, but rather directly the owners of Taligrass Broadcasting.

Station by Station breakdown,
KICA AM- on air for several weeks at night power has never reached at any
time license power, with a working 2KW transmitter available, and working at
full power when station went dark. An STA would cover the lack of engineering
effort needed to go to full power or reset the remote control time but
wouldn't that just extend the darkness that already timed out months ago.
KICA FM- of the 4 stations on the most at lower power with 14 songs on a CD,
with ID's interspersed. That's it, 14 songs on continuous play for over 2
months since the 18th of April. This station has been unable to broadcast EAS
Warnings.
KKYC FM, also on very low power and playing a similar over two month play of
a handful of songs, on one CD with ID's interspersed. This station has been
unable to broadcast EAS Warnings.
KMUL AM was on for 3 days on its 25 watt transmitter, never being heard for a
minute in its city of license Farwell Texas, 20 miles away.
This station uses a 246 tower which has been totally dark for several years and
sits in the outbound path of Cannon Air Force Base, 5 miles West of Clovis. I
have indicated this to Mr. Joseph Walker, owner and Pat Bryson, a Tallgrass
staffer who came to our market and determined the stations needed to be
listed as dark and cease broadcasting.
KMUL actually went dark before Juneist of 2010, a long time before it was
indicated to the FCC.
KMUL when it was on the air for a few days just before permanent darkness
had no tower fence at all as it had all fallen over onto the ground. Anyone
could just walk up to the tower and touch it in violation of tower fencing rules.
5

Conclusion:
When darkness was set to become permanent, only an attempt to keep these
signals alive would have saved them. Tallgrass and their LMA operator had the
opportunity to resume an on air schedule and serve the public as required.
The playing of a CD for now more than 2 months at low power below license
tolerance should indicate the lack of intent to serve this area.
All this is about is slipping these stations forward past darkness timing to keep
them alive for some future time to actually start required operation.
Zia Broadcasting believes there has been an intentional pattern of deception
to the FCC.
Therefore Zia Broadcasting requests a formal hearing on these matters and
request the Commission take the action of dismissing these stations from
license renewal and the transfer to another party.
The period of darkness gave these stations the chance to begin normal
operations and serve the public interest and need, but clearly this isn't and
hasn't been the case for the end of the license period.
Zia Broadcasting respectively request these four stations be removed from the
table of assignments.
Submitted by,
Rick Keefer, GM,
Zia Broadcasting, Inc.
New Mexico and Texas
cc: Lonnie Allsup President Zia Broadcasting Inc.
Rogene Chaddick, Corporate Controller Zia Broadcasting, Inc.
6

Exhibit 1

LiA
Legal 1300
April 2, 2013
April 16, 2013
May 1,2013
Mayl6,2013
June 4, 2013
June 16, 2013

LALILQILG
KKYC (FM) and KICA
On April 6, 2007, Tallgrass
Broadcasting, LLC was granted
licenses to operate KKYC (FM)
and KICA (AM),
New Mexico, to serve the public
interest as a public trustee until
October 1, 2013.
These licenses will expire on
October I, 2013. We must file
applications for renewal with the

NQT;çE

FCC by June 1,2013. When filed,
a copy of these applications will
be available for public inspection
at 210 Park Avenue, Suite 2920,
Oklahoma City, Oklahoma 73102
during normal business hours.
They contain information concerning the stations performance
during the last six years.
Individuals who wish to advise the
FCC of facts relating to our
renewal applications and to
whether these stations have
operated in the public interest
should file comments and petitions with the FCC by September
1,2013.
Further information concerning the
FCC's broadcast license renewal
process may be obtained from
the FCC, Washington, DC 20554.

EXHIBIT

$

/

Exhibit 2

4/26/13
Mr. Coker,
Enclosed please find the information you requested.
All documents are intact under KICA-FM. Any station specific documents not included in the
wording of documents under KICA-FM are so noted.
We have no documents regarding Issues and Answers as all stations were dark when we took
over and they have remained so.
If you have any further questions, please feel free to call.
Sincerely,

Lori Fuller

EXHIBIT

Exhibit 3

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Certificate of Service

I, Rick Keefer, hereby certify that the foregoing Response to Opposistion to
Petition to Deny is being served on the following via First Class Mail this 9th day of
July2013:

Russell C. Powell
Taylor and Powell
888

16th

Street N. W. Suite 800

Washington D C 20006

7- q- o /3