Saga Communications has filed a compelling complaint with the Federal Communications Commission (FCC), alleging a series of technical defects and potential misrepresentations in a pending application for a Low Power FM (LPFM) station in Springfield, Massachusetts. The applicant, Iglesia Cristiana Jehova Vive (ICJV), seeks to modify its unbuilt LPFM authorization by relocating the transmitter site and changing frequencies. Saga's complaint highlights several critical issues that could have significant implications for the radio industry and the FCC's regulatory process.
One of the primary concerns is the lack of reasonable assurance that ICJV has access to the proposed transmitter site. Saga argues that the application fails to provide sufficient evidence to support this claim, which is a fundamental requirement for LPFM station authorization. Additionally, the paperwork contains conflicting tower information, further raising questions about the accuracy and reliability of the application.
The complaint also focuses on Jonathan Alcantara, an individual identified as an ICJV director or operations manager in various FCC filings. Saga suspects that Alcantara may be the same person who received a pirate radio warning nearly a decade ago. If confirmed, this connection would be a significant red flag, as FCC rules prohibit LPFM grants to applicants associated with unlicensed broadcasting. The fact that Alcantara has been marketing his programming to LPFM stations adds to the suspicion.
Another troubling pattern emerges from ICJV's history. The organization has a history of repeatedly filing modification applications, only to withdraw them after objections are lodged or have them dismissed by FCC staff. Saga argues that this behavior constitutes an abuse of process, as it delays the construction process and burdens the Commission and interested parties with repetitive filings. The company has had to file three informal objections against ICJV, with five of their six modification attempts either dismissed or withdrawn.
Saga's complaint also raises concerns about potential misrepresentation. A woman identified as Berenisse Figueroa contacted Saga's attorneys, denying any involvement with ICJV and stating that her name was being used without her consent. This raises serious questions about the identity of ICJV's principals and the accuracy of the information provided in the application.
In conclusion, Saga's complaint highlights a range of issues that could have far-reaching consequences. The FCC must carefully consider these allegations and take appropriate action to ensure the integrity of the LPFM authorization process. The potential involvement of a former pirate radio operator and the history of repetitive filings and withdrawals raise significant red flags that cannot be ignored. The Commission should thoroughly investigate these claims and take the necessary steps to address any misconduct or misrepresentation.
