Saga Communications is taking a stand against what it perceives as a potential breach of the rules governing LPFM (Low Power FM) stations. The company has filed a formal complaint with the Federal Communications Commission (FCC), alleging a series of technical and procedural issues with a construction permit application for a LPFM station in Springfield, Massachusetts. The station in question, WJKM-LP, is operated by Iglesia Cristiana Jehova Vive (ICJV).
Saga's complaint centers on several key points. Firstly, they argue that the application fails to provide reasonable assurance that ICJV has access to the proposed transmitter site, a critical requirement for LPFM stations. This lack of assurance, according to Saga, is a significant defect in the application. Additionally, they point out conflicting tower information between the FCC application and the engineering exhibit, further highlighting the application's shortcomings.
The company also raises concerns about potential misrepresentation by ICJV. They claim that the listed treasurer of the organization, Berenisse Figueroa, denied any involvement with the station and stated that someone was using her name without her consent. This raises questions about the authenticity of the application and the identity of the principals involved.
Another major issue is the involvement of Jonathan Alcantara, who has been identified as a director or operations manager of ICJV in various FCC filings. Saga suspects that this Alcantara is the same individual who received a pirate radio warning nearly a decade ago for an unlicensed Spanish-language station. They argue that if this is the case, the application would be barred under FCC rules that prohibit LPFM grants to applicants associated with unlicensed broadcasting.
Saga's complaint also highlights a pattern of behavior by ICJV. They accuse the organization of repeatedly filing modification applications for WJKM-LP, only to withdraw them after objections are lodged or have them dismissed by FCC staff. This, according to Saga, constitutes an abuse of process and a means to evade objections and burden the Commission with repetitive filings.
In response to these allegations, Saga is demanding that the FCC dismiss the current application with prejudice, rescind WJKM-LP's underlying construction permit, and investigate ICJV and Alcantara through the Enforcement Bureau. They are also requesting that any future applications filed by ICJV be deferred until these issues are resolved.
The FCC has yet to rule on Saga's claims, and ICJV has not yet responded to the allegations. This dispute underscores the importance of stringent oversight and enforcement in the LPFM sector, ensuring that stations operate within the boundaries of the law and do not compromise the integrity of the radio spectrum.