As promised, attorney Harold Feld, representing Prometheus et al, has filed his opposition Download file“>(download pdf) to Edgewater et al’s motion to dismiss Prometheus’ petition to freeze translator applications (follow that?).
Prometheus calls Edgewater’s bluff:
Ministries has failed to produce any evidence to rebut the prima
facie case, based on publically available documents, that the principles of “Ministries” have engaged in an illegal scheme to traffic in Commission licenses in violation of Section 309(j)(3)(C) and Section 309(j)(4)(E) of the Communications Act and longstanding Commission policy. …Applicants Parrish, Williamson and Atkins do not give more than general denials to the facts stated in the Petition and supported by public documents.
Feld goes on to claim that Edgewater’s motion to deny rests primarily on flimsy procedural claims:
Caught with their hands in the public cookie jar, “Ministries” has attempted to shift ground and seek dismissal on procedural grounds. The thrust of “Ministries” Motion is that the Petition constitutes an untimely Petition to Deny the initial applications of Parrish, Williamson and Atkins in their various corporate guises. This misunderstands the nature of Petitioner’s filing.
On Edgewater et al’s claim that Gloria Tristani, Manager of UCC Office of Communications, improperly contacted current FCC Commissioners about the issue, Prometheus says, essentially, that Edgewater doesn’t understand the rules:
Furthermore, the accusation that former Commissioner Gloria Tristani violated the ex parte rules is simply inaccurate and represents a misunderstanding of the procedural posture of the case and of the ex parte rules.
This is the most excitement the world of FM translator stations has seen in years. But I don’t mean to minimize the real importance of this case. The abuse of translator stations to create huge networks of low-power radio clones where true community LPFM stations could go is a travesty. That World Radio Link can then profit from the venture is a true looting of public coffers.
I hope that it’s clear to the FCC that they can’t ignore this situation.
To hear more from Harold Feld on the translator trafficking scandal, listen to this Friday’s radioshow (5:30 PM, WEFT 90.1 FM, Champaign, IL), or listen to it on-line at the radioshow page, starting next Monday.