John
T. Lynch is a good -- make that -- a GREAT --
broadcast neighbor. John re-entered the radio market and has re-energized the
sports radio market in the city. After all, he's been involved in broadcasting,
and he knows the laws and rules on radio in Mexico and in the U.S. John took the
time to respond to the recent Petition to Deny that involves two
stations that the Broadcast Company of the Americas operates. (La
Pantera 105.7 and AM 1700) (Pictured is The Mighty 1090 crew at the Petco Park
Broadcast facility.)"Over the last 30 years I have operated radio stations in San Diego, on both sides of the border. In 1978 when Ed Noble and I founded the Noble Broadcast Group, we decided that we would operate, recognizing the region as one market, on both sides of the border. Further we decided we would operate with regard and respect for the laws, rules and regulations of both the US and Mexico. I will not be associated with any operation that is not operating to the letter of the law.
When a number of broadcasters banded together to restrain trade and attempt to keep our young Company from competing in the San Diego market in 1978, Noble filed an antitrust suit to stop them from conspiring against Noble. Shortly thereafter, all settled by recognizing Noble's right to compete.
Since 1978, most broadcasters have worked together to foster harmony and operating with respect to the treaties that govern radio frequencies in Mexico, the US, and Canada.
Last week, however, three broadcasters joined together to file a petition seeking to prevent US broadcasters from maintaining studios in the US to provide programming on 105.7 FM and calling into question the right of US broadcasters to maintain studios to provide programming on 1700 AM, 620 AM, and 1030 AM. Despite the fact that the petition raises allegations dealing almost exclusively with the lawfulness of the technical operations at the transmitter sites of the four stations, all of which are located in Mexico, the petition has no impact upon operations in Mexico.
It is now clear to me that this petition is nothing more than an attempt to restrain trade and to keep competition to existing stations at a minimum.
Because of my long history of ensuring that my companies’ operations comply with both the letter and the spirit of US and Mexican law and treaties, I personally chartered a helicopter and, with a consulting engineer, visited each transmitter site that the petitioners claimed were operating at variance with the law. That survey proved to 100% certainty that each and every allegation raised in the petition, which was largely based upon the study of a consulting engineer who it now appears never qualified with the Mexican government to conduct that study, is outrageously false and completely without basis.
First, the petition shows pictures of an empty canyon and alleges that 105.7 has not constructed its Class B site at Matamoros Jaramillo, but is operating instead from its Class C1 site at Cerro Bolla. In fact, I now possess pictures of the Class B site and the $100,000 access road constructed to reach the top of the mountain. 105.7FM continues to operate from the Class B site, even though the Mexican SCT has granted permission to begin broadcasting from the class C1 site.
Second, it alleges that 1700 AM does not have a directional operation at night as required by the agreement of the two governments. Again this allegation is false as 1700 AM is operating with interim directional facilities using a slant wire, a directionalization technique permitted in Mexico and that I understand was cleared with the US government in this case.
Third, it alleges that a microwave system is being utilized that is not properly licensed. This allegation is without foundation. The offending microwave system is not even connected to the Mexican stations. The filing of this petition is just plain perjury. I demand those party to the petition withdraw it immediately or it will be their companies who are defending their actions.
John T. Lynch
President / BCA