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Bonilla Chapter VII unfolds - looks like Enron

Our prediction that the Bonilla case would probably be "one of the biggest stories to break in the local broadcast community in years" (CGC #687) is coming true.

In fact, this story resembles Enron, and contains allegations of vanishing equipment, geographic coordinates that are mysteriously moved from one place to another, and false statements given to the Commission - all to maintain valuable cross-border (Section 325(c)) program transmission rights.

The Bonilla case involves, as you may recall, AM stations
XESS, XESDD and XEKTT, and FM station XHBCE-FM, all in Baja North, Mexico. Aerial photographs taken by Lazer Broadcasting in May 2005 uncovered evidence of apparent massive violations of international broadcasting agreements - from AM stations that should have been built with multiple towers (but weren't) to XHBCE-FM's Class B facility that was apparently operating from the wrong location (and 1700 feet too high), to a Class C1 antenna that apparently couldn't protect the U.S. We are also reminded that the Class C1 antenna was built to handle 100 kW ERP, far above the 8.2 kW value ultimately allowed by the SCT.

While the operators of the stations have repeatedly and
vehemently denied any wrongdoing, Lazer Broadcasting along with Emmis Communications filed a pleading on Friday that appears to have shattered the heart of the Baja stations' defense. According to the Lazer/Emmis attorneys ("Lazer"), Friday's document provides, "....conclusive evidence that BCA and Quetzal have been engaged in a high-stakes game of fraud on the FCC" in order to save their Section 325(c) permits. Maps, color photos and engineering drawings accompany Lazer's easy-to-read pleading and show how the alleged misdeeds were accomplished.

You may read the Lazer/Emmis filing at the first URL below.
Color photos are posted separately at the second URL:
http://earthsignals.com/add_CGC/Reply_BCA_Opposition.pdf
(Complete black & white filing - 3.3 megabytes)
http://earthsignals.com/add_CGC/Reply_BCA_Oppose_Photos.pdf
(Color photos only - 6.3 megabytes)

If you read nothing else, download the first document and
read "pdf" pages 28 thru 33, starting with the title, "The True Location of XHBCE's Class B Plant is Revealed." It would help to print the Exhibit E-2 map beforehand ("pdf" page 39) as a guide.

It's fascinating to see the step-by-step process that Lazer claims was used to obscure the true location of a valuable broadcast property. How do you move coordinates from one place to another anyway? Once you've read that, you'll probably read more.

Source: CGC Communicator


 

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