[BC] LMAs - How Far Can They Go?
Mike McCarthy
mre
Sat Jan 28 13:51:24 CST 2006
How in the !@#$%^&* hell did YOU get fined? The FCC holds the
licensee responsible for all compliance issues. Not the LMA holder.
You receiving the fine makes no sense what-so-ever.
MM
> >You really do need a communications lawyer to draw the LMA, and you
> >must have one. If the station is LMA'd you must have a copy of the
> >agreement in the public file (commercial terms redacted).
>
> As one who has been involved in several small-market LMAs, both as
the
> licensee LMAing the station to someone else, and as the LMA operator
of
> another licensee's station, my best advice is to steer clear of
LMAs. I can
> tell you several horror stories... I LMAed a station from a rather
> unscrupulous operator who essentially walked away from the station
and
> abdicated control to me, even though the LMA contract required him
to do
> certain things as the licensee. He just didn't care. Later, when
we got
> into a dispute over something, he ordered me to take the station off
the
> air. Because I had money invested in new staff and new equipment, I
> refused. I got fined for premature transfer of control, even though
he was
> the guilty party. In another case, I LMAed a station to a guy who
allowed
> the tower fence to fall-in and never told me. He also didn't hook
up the
> EAS equipment after moving the station to a new location. Again, I
was the
> one who got fined.
>
> In LMAs involving big companies, perhaps everything is done
correctly, but
> it doesn't happen that way in small markets.
>
> LF
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