WRNJ

[Rob Landry]

On Sun, 21 Jan 2018, A Joseph Ross wrote:

> This isn't my area of law, but I don't see how Ed Perry, who does not 
> own the station, has any rent obligation on the tower.

Daly XXL filed an application on January 18 for assignment of license (to 
Ed Perry's Marshfield Broadcasting). The Asset Purchase Agreement, signed 
on January 16, includes "all studio equipment" and a short list of 
"tangible personal property" that appears to exclude everything at the 
transmitter site.

The purchase price is $125,000. Ed Perry will not be able to build a 
comparable four-tower DA for ten times that.

> Nor do I see how trying to purchase the station license would constitute 
> interference with the contract.  The current owners are already in 
> breach of the lease by not paying rent, and if Ed Perry purchases the 
> station, he might be interested in using the transmitter site and paying 
> the rent for it going forward.

If he were, he'd be buying the transmitters and other essential assets at 
the transmitter site. The omission of those assets indicates that he 
doesn't intend to use the Waltham site nor to run enough power to require 
a 50 KW transmitter.

> Or perhaps they can make a deal of some sort for Perry to use the site 
> and pay a reduced rent.  I guess I understand why they're suing him, 
> because sometimes you just sue everyone in site and sort it out later, 
> but I have trouble seeing where he would be liable for anything.

Will the Duffys file a petition to deny the assignment of license? If not, 
the assignment goes through in 60 days or so, lawsuit or no lawsuit, 
although of course the buyer and seller have the option of postponing the 
closing.


Rob