On February 7, the attorney representing Cesar Guel and Hispanic Christian Community Network (HCCN) has filed an opposition against REC's informal objection as well as various informal objections and petitions to deny filed by national organizations, local broadcasters, competing LPFM applicants and concerned citizens.
In their opposition, HCCN accuses REC of using the IO to block HCCN clients in favor of REC clients, using the informal objections to gain new clients on a contingency basis and that REC's use of the informal objection process was inappropriate and that REC should be sanctioned by the FCC. In addition, HCCN claimed that they were not served with a copy of the objection.
In a reply, REC reminds HCCN that an informal objection can be placed by anyone at anytime prior to the disposition of the application. This is what differentiates an informal objection from a petition to deny. The informal objection process is the primary method that a member of the general public has their say on whether a grant or renewal of a broadcast license is in the public interest, need and convenience. We remind the FCC that any use of intimidation by a broadcast applicant against a member of the general public threatens the entire public involvement process and that no person should ever be sanctioned for making a statement that the broadcast applicant does not like.
On Decmeber 2, REC filed an informal objection against 245 applications for new LPFM stations. All of these applications were engineered by Antonio Cesar Guel, a majority of them were newly formed Texas corporations administrated by Guel's family members and all applicants had the exact same educational statements generically geared towards the Hispanic community, including applications that were supposedly for African-American and veteran organizations.
REC also announced today that they were willing to withdraw their informal objection on a case-by-case basis if solid evidence can be presented that the applicant is a true local organization.
REC reminds the general public that is is your right as Americans to participate in the licensing process:
- Informal objections are just that, informal. They can be filed at any time up to the disposition (grant or dismissal) of an application. We do note that the FCC had made a public statement that they will not entertain any objections before the acceptance of the application for filing. This does not mean you can not file an objection prior to acceptance for filing, it's just the FCC will not dismiss based on an informal objection prior to being accepted for filing (as there's a chance your objection may already be evident in the application which the FCC can take actiona gainst thus making your objection moot).
- Petitions to Deny are the formal process. They must be done in the standard legal form and must include an afidavit that the information is true to the best of the petitioner's knowledge and a copy of the petition must be served on the applicant. A certificate of service in the Petition to Deny must be included. Petitions to Deny can only be filed (for LPFM) within 30 days from publication in the Broadcast Applications public notice that the application has been accepted for filing. Petitions to Deny carry more weight than Informal Objections at the FCC.
REC appreciates the kind words from around the community as we exercise our First Amendment rights and our right as one of the 314 million people who own the broadcast spectrum in America.
The original REC Informal Objection filing (12/2/2013)
HCCN's Opposition to REC's Informal Objection (North Sacramento Community Radio)
REC's Reply to HCCN's Opposition
To "clients" of/Para los "clientes" de Hispanic Christian Community Network (HCCN)
