[BC] Format control by landlords

[Mike McCarthy]

It's still pending as I seem to recall SBS is seeking damages to cover the 
costs of the relocation.  Including , but not limited to, the costs of 
legal proceedings at the local level to obtain emergency relief of the 
local zoning code and expedited construction. SBS ended up with a slightly 
higher and better look angle, but it also cost them a pile to engineer it 
since the location is geographically challenged from what I 
understand.  It's a real mess.

Emmis is in a tough spot in LA....and I don't blame them for using the 
leverage.

SBS is on shaky legal ground since there are other locations which the 
function can be accommodated.  Accommodation in the legal world doesn't 
necessarily factor in RF propagation, optimization of the signal, or much 
of anything else.  It boils down to a very basic question of:  "Will it 
work or not?"  Not one of "Will it work well?"

As I recall, the deal was done by a previous owner.  Possibly Big City 
Radio.  If that is in fact the case, nothing surprises me as there are a 
number of things BCR did which puzzled me...and do to this day.  They 
really pushed the envelop on a number of things.  And entering into less 
than ideal deals is/was one of them.  This is one which came back to bite 
the subsequent owner.  But not the only one either..... ;-)

MM

At 12:10 PM 10/7/2007 -0400, Scott Fybush wrote
>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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