[BC] Format control by landlords

Scott Fybush scott at fybush.com
Sun Oct 7 11:10:54 CDT 2007


Barry Mishkind wrote:
> There is at least one instance of something more recent, although I do 
> not know exactly how it turned out.
> 
> There was a situation a couple of years back about an LA station that 
> tried to use a lease to control the format of another station. Whether 
> it was run through the FCC, the courts, or both, I do not recall.
> 
> Perhaps someone knows more about the case.  I might have the time to 
> search for the original document that alerted me to the situation.

The tenant was KXOL on 96.3, and I believe the site was Flint Peak in 
Glendale, where SBS was leasing space from Emmis, which had a backup 
antenna for its KPWR 105.9 there. There was a clause in the lease that 
gave Emmis the right to terminate the lease if KXOL changed formats.

KXOL ended up moving to the Verdugo Peak site of CBS' KROQ, and I don't 
know what, if anything, happened in court after that.

s



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