The .I.aw Office of

Dan J Aipert
1011 JAN23 A ii:

2120 N. 21st Rd.
Arlington VA 22201

DJA@COMMLAW.TV

(703) 243-8690

(703) 539-5418 (FAX)

January 19, 2017
Ms. Marlene Dortch
Secretary
Federal Communications Commission
l2 St., s.w.
Washington, DC 20554

4Ccept
JAN
Federaj Con11101
Off/c0 of the S

Re:

Call Sign KCTI-FM
Facility No. 91220
Gonzales, TX

tn1on

Dear Ms. Dortch:
Sun Radio Foundation ("Sun Radio"), by its attorney, hereby submits its Opposition to the
"Erroneous Assignment of Call Sign" (the "TCR Letter") submission filed by Texas Public Radio
("TPR") on December 22, 2016. With respect thereto, the following is stated:
TPR totally misstates facts in support of its request. In support of its request, TPR
claims the call sign of Station KITG(FM) (the former call letters of Facility No. 91220) "was
erroneously assigned the secondary call sign "KCTI-FM" on March 8, 2016, without authorized
consent from primary call sign station KCTI(AM). Because neither Sun Radio, nor Maranatha
Church of Laredo Incorporated ("Maranatha"), the prior licensee of the FM Station, was ever
authorized to use the "KCTI-FM" secondary call sign, the FM Station's call sign change should
not have been granted and the Commission should immediately rescind the "KCTI-FM" call sign
assignment." TCR Letter at 2.
TPR is flat out wrong. Section 73.3 550(m) of the Commission's rules provides, in
relevant part:
Where a requested call sign, without the "-FM,". . . suffix, would conform to the call
sign of any other non-commonly owned station(s) operating in a different service, an
applicant utilizing the on-line reservation and authorization system will be required to
certify that consent to use the secondary call sign has been obtained from the holder of
the primary call sign.
47 C.F.R. § 73.3550(m). That certification not only was made, but also, the certification was
accurate. The relevant facts are as follows. On February 22, 2016, Maranatha entered into an
Asset Purchase Agreement with Sun Radio for the sale of Station KITG(FM). On February 29,
2016, Sun Radio requested Maranatha change the call sign of the Station from KITG(FM) to
unused call sign "KCTJ-FM." This was following the receipt of written consent by Israel

	

Tellez, President of Maranatha, from Steven Oakes, a representative of the licensee of the
Station, Gonzales Communications, to use the call sign "KCTI-FM". Attachment 1. Steven
Oakes is the General Manager of KCTI(AM). Attachment 2 (filings by Oakes on behalf of
KCTI(AM) as GM of the Station). In the grant of consent from Mr. Oakes, it was specifically
stated:
My name is Steven Oakes and I represent KCTI AM radio in Gonzales Texas. The
ownership of KCTI AIvI has no intentions of using the KCTI call letters for an FM signal
and therefore would not oppose the Sun Radio Foundation from using KCTI for their FM
signal at 88.1 in Gonzales.
Attachment 1. Consequently, the Call Sign "Change Request Form" was filed with the
Commission on March 1, 2016. Attachment 3. The call sign change was granted with an
effective date on March 8, 2016. Public Notice of the call sign change was issued by the
Commission on April 7, 2016. Report No. 589 at 2. Attachment 4.
From this, three things are clear: (1) written consent for use of the call sign "KCTI-FM"
was indeed issued by a representative of the then-licensee of Station KTCI(AM); (2) the written
consent was indeed issued to Maranatha, the licensee of Facility No. 912201; and (3) the
Commission granted the "KCTI-FM" call sign change effective March 8, 2016, and issued
Public Notice of that call sign change on April 7, 2016. No timely-filed Petition for
Reconsideration of that action was filed by either Gonzales Communication (the then-licensee of
KCTI(AM)) or TPR (the eventual licensee of KCTI(AM)).2 As a result, the Commission's
action now is final. 47 C.F.R. § 1.104.
TPR attempts to cloud the issue with claims that Mr. Oakes (the General Manager of the
Station) "was not authorized" to authorize the call sign change. TCR Letter at 3. That question
(i.e., whether Mr. Oakes "exceeded" the scope of his authority as General Manager of the
Station), even if potentially true, is a matter that is to be resolved between Mr. Oakes and his
employer and would be a matter of State employment law for adjudication, and that question, as
well as whether his representations nevertheless are binding upon the corporation vis a vis
Maranatha and Sun Radio, each are questions of State law and are well beyond the scope of the
Commission's jurisdiction and expertise. Moreover, other than e-mails (which are not even
written under penalty of perjury), TPR provides no legal interpretation that would be binding on
the Commission, and it certainly provides no "court ruling" indicating that Mr. Oakes' grant of
consent (as a representative of Gonzales Communications) legally could not and should not have
relied upon by Maranatha and Sun Radio.
Finally, it appears that TPR is "double dipping." Sun Radio has been told that at one
point TPR threatened not to close on its transaction with Gonzales Communications for the
purchase of KCTI(AM) due to this grant of consent to MaranathalSun Radio of the call letters
"KCTI-FM" Reportedly, ultimately, the sale price for Station KCTI(AM) was reduced by
1
Cf TPR Letter at 3 ("the request for consent could only have come from Maranatha and not Sun Radio
because Maranatha was the licensee of the FM station at the time of the call sign change").
2

A Petition for Reconsideration of that action was due on May 9, 2016. 47 C.F.R. § 1.106(f). The fmal
date for reconsideration of the matter on the Commission's own motion was May 17, 2016. 47 C.F.R. § 1.117.

	

$10,000 due to the call letters grant, after it was explained to TPR that no rights to the call sign
"KCTI-FM" ever were intended to be conveyed to them.
Attachment 5 (email to Joyce
Slocum of TPR) and Attachment 6 ("Resolution to your problem" email from Oakes to Sun
Radio). Despite this accommodation (and despite the fact that, as seen above, the grant of
Commission consent to the Call Sign Change is long-sincefinaT), as seen by its filing, TPR is
persisting in its unsupportable and frivolous claim to have the Commission's grant of consent to
the call sign change revoked. This clearly is abusive of the Commission's time and processes.
For all of these reasons, the "Erroneous Assignment of Call Sign" request of Texas
Public Radio to have the call letters "KCTI-FM" revoked should be denied.

Coiiffsel for Sun Radio Foundation

cc:

Tammy Love, Media Bureau, Video Division, Call Sign Desk (via e-mail)
David Brown, Media Bureau, Video Division (via e-mail)
Michael Wagner, Media Bureau, Audio Division (via e-mail)
Mary Mann, Gonzalez Communications, a Texas Limited Partnership (via e-mail)
Brad C. Deutch, Esq., counsel to Texas Public Radio (via e-mail)

Attachment 1

From: Steven Oakes [rnailto:scoakes29@gmaiLcoml
Sent: Monday, February 29, 2016 1:54 PM
To: itellezsr@sbcgfobaLnet
Cc: dja@commlaw.tv; Daryl OtNeaI 
Subject: KTI AM CaU Letters

To whom it may concern,
My name is Steven Oakes and I represent KCTI AM radio in Gonzales Texas. The ownership of KCTI AM has
no ititentions Of using the KCTI call letters for an FM signal and therefore would not oppose the Sun Radio
FOundation from using KCTI for their FM signal at 88.1 in Gonzales.

Steven C Oakes
Mobile (512) 492-5417

1

Attachment 2

	

Appro ed by 0MB FOR FCC USE ONLY
3060-0386 (July 2002)

F dm1 Commumcatrn Commiss on
Washington, D.C. 20554

FOR COMMISSION USE ONLY

Request to Extend STA

BLESTA - 20160603AAG

Read Instructions/FAQ before filling out form
Section I - General Information
1.

Legal Name of the Applicant
STEVEN OAKES
Mailing Address
7801 LAZY RIVER CV
City
AUSTIN

State or Country (if foreign addresa)

I Telephone Number (include area code)
5124925417
FCC Registration No
0008721938
2.

Zip Code
78730i E-Mail Address (if available)
SCOAKES29@GMAIL.COM

Call Sign
. KCTI

Facility ID Number
24564

Contact Representative (if other than licensee/permittee)
STEVEN OAKES

Firm or Company Name
GONZALES COMMUNICATIONS A TX LTD
Pm

Mailing Address
7801 LAZY RIVER CV
City
AUSTIN

State or Country (if foreign address)
TX

-

I Telephone Number (include area code)

ZIP Code
78730 E-Mail Address (if available)
SCOAKES29@GMAIL.COM

15124925417

fication of Suspension of Operations
10 Notification of Suspension of Operations and Request for Silent STA
STA
Previous File Number: BLSTA - 201511 18BDJ
J[esumption of Operations
of License:
41 Community
City: GONZALES State: TX
5.

6.

Reason for going silent:
0 Technical € Financing
0 Program Source C Other

Please provide ajustification for the request
Date Station has gone silent:

8.

Staffing

[Exhibit 2]

09/30/20 15 (mm/dd/yyyy)

Anti-Drug Abuse Act Certification. Applicant certifies that neither applicant nor any party to the application is subject to denial of
federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. Section 862.

Yes 0 No

I hereby certify that the statements in this application are true, complete, and coiTect to the beat of my kowledge and belief, and are made in good faith. I acknowledge that all certifications and
attached Exhibits are considered material representations.
fryped or Printed Name of Person Signing
STEVENCOAKES

Typed or Printed Title of Person Signing
JGM

Signature

jDate (mm/dd/yyyy)

6/O3/2O16
WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001), AND/OR REVOCATION OF
ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. CODE, TITLE 47, SECTION 312(a)(l)), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).

Exhibits
Exhibit 2
Descnption: STA EXTENSION
WE HAVE OBTAINED THE INFORMAL APPROVAL AND ARE NOW ABOUT TO RECEIVE FINAL APPROVAL IN THE NEXT COUPLE OF WEEKS. THE STATION WILL
RESUME SHORTLY BUT NEED JUST A LITTLE MORE TIME TO TRANSFER. REQUESTING AN EXTENSION THROUGH THE END OF AUGUST 2016.
THANKS YOU FOR YOUR CONSIDERATION.
Attachment 2

	

[iderat Communications Commission
Washington, D.C. 20554

°0-°

Approved by 0MB
3060-0306 (July 2002)

Notification of Suspension of Operations / Request for Silent STA

]

RC0MMJSS10NUSE ONLY

BLSTA-20151118BDJ

Read Instructions/FAQ before fillmg Out form
Section I - General Information
Legal Name of the Applicant
STEVEN OAKES
Mailing Address
7801 LAZY RIVER CV
City
AUSTIN

State or Countiy (if foreign address)
TX

Telephone Number (include area code)

Zip Code
78730 E-Mail Address (if available)
SCOAKES29@GMAIL.COM

5124925417

FCC Registration No
0008721938

Call Sign
KCTI

Facility ID Number
24564

2. Contact Representative (if other than licensee/pemsittee)
STEVEN OAKES

Finn or Company Name
GONZALES COMMUNICATIONS A TX LTD
Pm

Mailing Address
7801 LAZY RIVER CV
City
AUSTIN

State or Country (if foreign address)
TX

Telephone Number (include area code)
[925417

ZIP Code
78730 E-Mail Address (if available)
SCOAKES29@GMAIL.COM

Purpose:
0 Notification of Suspension of Operations

IC Notification of Suspension of Operations and Request for Silent STA

1€ Request for Silent STA
JO Request to Extend STA
0 Resumption of Operations
Community of License:
City: GONZALES State: TX
Reason for going silent:
0 Technical € Financing C Staffing
O Program Source C Other

116

[Exhibit 1]

[Please provide ajustification for the request
Date Station has gone / will go silent

09/30/20 15 (mm/dd/yyyy)

Anti-Drug Abuse Act Certification. Applicant certifies that neither applicant nor any party to the application is subject to denial of
federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. Section 862.

Yes J No

I hereby certity that the statements in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge that all certifications and
attached Exhibits are considered material representations.
[ryped or Printed Name of Person Signing
STEVEN C OAKES
Signature

Typed or Printed Title of Person Signing
1GM
IDate (mm/dd/yj)
1 11/18/2015

WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001), AND/OR REVOCATION OF
ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. CODE, TITLE 47, SECTION 312(a)(l)), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).

Exhibits
Exhibit 1
Description: STA REQUEST DESCRIPTION
WE ARE CURRENTLY SELLING THE RADIO STATION DUE TO SIGNIFICANT FINANCIAL AND STAFFING ISSUES. AN APA HAS BEEN SIGNED AND THE NEW OWNERS,
UPON FCC APPROVAL, WILL RESUME OPERATIONS AS QUICKLY AS POSSIBLE. WE ONLY NEED THE STA REQUEST APPROVED FOR NO MORE THAN 120 DAYS.
Attachment 1

Attachment 3

	
	

CHANGE REQUEST FORM
CALL SIGN
LICENSEE NAME

JSERVICE
IFACILITY ID
191220
MARANATHA CHURCH OF LAREDO INCORPORATED

MAILING ADDRESS

[2707

KITG

IFM

iiEi

CONTINUED ADDRESS
CITY

STATE

rLAREDO

REQUESTED CALL
SIGN

KCTI-FM

SERVICE

78046-

EFFECTIVE DATE

FM

03/08/2016

The applicant submitting this request is authorized to certify that neither the licensee nor any shareholder, officer, or director
thereof, is subject to a denial of federal benefits, including FCC benefits, pursuant to section 5301 of the ANTI-DRUG ABUSE ACT
of 1988, 21 U.S.C. section 853(a).

Ii

The applicant submitting this request has obtained consent from the primaly call sign holder to use the requested call sign.
APPLICANT/REPRESENTATIVE

NAME

Dan Alpert

Check here if applicant address is same as licensee (if you don't want to fill in below).
ORGAJNIZATION

The Law Office of Dan J, Alpert

[STREET ADDRESS
[CONTINUED ADDRESS
1CITY
[PHONE

jSTATE

iAr1ington.
1703

8690
1243
FRN:j 0017023557

]E-MAIL ADDRESS

ly,.

IziP

22201

dja@Commiaw.tv
PASSWORD:f iii.....

SUBMIT REQUEST

RESET

HELP

0017023557

FCC CALL SIGN REQUEST RESULT
CALL SIGN REQUEST #43099 has been submitted.

A change notification will be sent to the LICENSEE, the APPLICANT/REPRESENTATIVE, and the PRIMARY CALL SIGN
HOLDER within 2-3 business days.
UFLP

Attachment 4

	

Media Bureau Call Sign Actions

News Media Informat
Internet: h
TT

Effective
Date
03/01/2016
03/01/2016
03/01/2016
03/03/2016
03/03/20 16

Row
Number
1
2
3
4
5

Assigned To

City

State

File
KDMM FM
RIVER RAT RADIO, LLC
PARKER STRIP
AZ 20150
KKUT
FM SANPETE COUNTY BROADCASTiNG CO. MOUNT PLEASANT UT
WSIQ
AM
NRG LICENSE SUB, LLC
SALEM
IL
HOUSTON CHRISTIAN BROADCASTERS,
KADM
FM
ALPiNE
TX 200710
INC.
K1NC-LP
FL
MULTICULTURAL EXPO CENTER
LITTLE ROCK

Call Sign Service

New or Modified Call Signs

Call Sign Service
Requested By
City
State
File-Number
Former Call Sign
KSMA
AM AGM CALIFORNIA, iNC. SANTA MARIA CA BAL-20160302AES
KSMX

Call Signs Reserved for Pending Sales Applicants

During the period from 03/01/2016 to 03/31/2016 the Commission accepted applications to assign call signs to, o
signs of the following broadcast stations.

Report No. 589

Federal Communications Commission
445 12th St., S.W.
Washington, D.C. 20554

PUBLIC NOTICE

	

03/09/2016
03/09/20 16
03/09/20 16
03/09/2016
03/09/2016
03/09/2016
03/09/2016
03/09/2016
03/10/2016

03/10/20 16 WCIS-FM
WWWO03/10/2016
03/11/2016 KJTZ-LP
03/11/2016 KOWO-LP
03/11/2016 WLPZ-LP
03/11/2016
WTOD
03/11/2016
03/14/2016

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

KKSE

WXBU

KJCD-LP
KTIM
WDTL
WEXI-LP
WNOU
WYCI
KYCW-

KJAP-LP

KDMDLD
KCYMLD

03/08/2016

13

KCTI-FM

03/08/2016

12

AM

DT

FL
FL
FL
AM

LD

LD

FM.

KSE RADIO VENTURES, LLC

ALAMEDA UNIFIED SCHOOL DISTRICT
WIMBERLEY TEXAN RADIO
CITY OF LEOMINSTER
CUMULUS LICENSING LLC
HSH LANCASTER (WLYH) LICENSEE,
LLC

POWER ONE MINISTRIES, INC.

FAMILY LIFE MiNISTRIES, INC.

GRAY TELEVISION LICENSEE, LLC

EDINGBURG TEMPLO BIBLICO
PALABRA VIVIENTE
RESTORATION RADIO MINISTRIES, INC
AUSTIN AIRWAVES, INC.
DELTA RADIO NETWORK, LLC
THE TRUTH WILL SET YOU FREE INC.
FUSS, FENTY L
CROSS HILL COMMUNICATIONS, LLC

DTV AMERICA CORPORATION

DENVER DIGITAL TELEVISION, LLC

MARANATHA CHURCH OF LAREDO
iNCORPORATED

PARKER

LANCASTER

ALAMEDA
WIMBERLEY
LEOMINSTER
TOLEDO

MIAMI

CLYDE

SPRINGFIELD

PINE RIDGE
ELL1NGER
INDIANOLA
HALLANDALE
DREW
SARANAC LAKE

EDINGBURG

FORT DODGE

Cle Elum

GONZALES

20131

20131

20131
20071

CO

PA
B

CA 201311
TX 201311
MA 2013111
OH

FL

NY

MO

SD
TX
MS
FL
MS
NY

TX 2013 11

IA

WA

TX

	

03/16/2016
03/17/2016
03/17/2016
03/17/2016
03/21/2016
03/21/2016

03/21/2016 WONH-LP FL
03/21/2016
WPYA
FM
03/21/2016
WTHQ
AM
03/22/20 16
WYBO
FM
03/25/20 16
KPER
FM
03/25/20 16 KWNK-LP FL
03/25/2016
KZAH
FM
03/28/2016
KWIE
FM
03/28/2016

03/28/20 16 WLEH-LD LD
WODK03/28/2016
LD

39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55

03/15/2016

38

KZWC

KGID
KYWY

KVRQ
KTFJ-LP
WCID

AM

FM
FM

FM

FM
FL
FM

AM

FM

WNEWFM

03/15/2016

37
WONA

AM

WLEE

03/15/2016

36

DTV AMERICA CORPORATION

RF SERVICES INC.
CITICASTERS LICENSES, iNC.
PEQUENAS LIGAS HISPANAS DE NEW
HAVEN INC
SM-WZNN, LLC
BIG RIVER RADIO, INC.
JOHN SMITH
ALPHA MEDIA LICENSEE LLC
RENO BIKE PROJECT
ALPHA MEDIA LICENSEE LLC
POINT FIVE LLC
RIVERFRONT BROADCASTING OF
IOWA, LLC
DTV AMERICA CORPORATION

FAMILY LIFE M1NTSTRIES, INC.

DAVIDSON MEDIA STATION WREJ
LICENSEE, LLC
SEATTLE FCC LICENSE SUB, LLC
SKAGIT VALLEY FAMILY RADIO
FAMILY LIFE MIMSTRIES, iNC.

CBS RADIO EAST 1NC.

BRANTLEY BROADCAST ASSOCIATES,
LLC

SPRINGFIELD

20131

IA

AL
WV
GA 200603
20151
TX
NV
TX
20151
CA

CT

TX 201205
WY 201601

NY

WA
WA. 201311
PA

VA

NY

MS

IL

MOUNT VERNON IL

WEBSTER CITY

GARDENDALE
POINT PLEASANT
WAYNESBORO
PEARSALL
RENO
HARPER
BARSTOW

NEW HAVEN

GIDDINGS
WARREN AFB

FRIENDSHIP

SEATTLE
BURLINGTON
LAPORTE

RICHMOND

NEW YORK

WINONA

	

03/30/2016
03/31/2016
03/31/2016
03/31/2016

61
62
63
64
KUMT

KSUG
KUDD

KOLZ

FM

FM
FM

FM

-FCC-

CLEAR CHANNEL BROADCASTiNG
LICENSES, INC.
RED RIVER RADIO, iNC.
BROADWAY MEDIA LS, LLC
COMMUNITY WIRELESS OF PARK CITY,
INC.

RANDOLPH

HEBER SPRINGS
AMERICAN FORK

CORRALES

UT

AR 201305
UT

NM

Attachment 5

From:: Steven Oakes [mailto :scoakes29@gmail.com ]
Sent: Friday, July 22, 2016 5:33 PM
To: JoyceSiocurn: joyce@tprorg>
Cc: Daryl O'Neal 
Subject Re KCTI

Joyce & Daryl,
First, KCTI-FM was merged into KQQT-FM in 2001 by a merger agreement with Central Texas
Radio The stations were sold a third party We reserved KCTlAM Our brokerage agreement with
Frank Boyle clearly stated KCTI-AM was the Business being purchased. Second, there was no
mention of KCTI-FM in any APA we signed with TPR. It was always and has been the AM station
that was being purchased and not KCTI-FM. KCTI-FM was abandoned and did not require previous
owner signature it is unambiguous that the only entity that was for sale was KCTI-AM
Steven

Steven C Oakes
Mobile (512) 492-5417

Attachment 6

ven Ga as

<

:gj ta.yurprobem

Dm4.
Ihe staii'a iidiy c.id. It only cost m .S1O.OUU to give you

n C Oakes

bde (51) 492-5417

rniio ia use K(T FM. I sincrdy hn

your ;t1.o :; tk in and ioin