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Affidavit of Jerrold Miller
"The Word of a Communications Attorney with 30 Years of Experience"
Why is it that, if people who have very
capably functioned in the radio business for 30 or more years can easily see
what's happened, Texas officials still seem to want to close their eyes and look
away while refusing to acknowledge the fact that they've chosen to back a greedy
band of loosely organized criminals who simply wish to be allowed to rob, cheat
and steal at will?
As can be easily seen by any individual who is truly
interested in justice and who recognizes US Federal law, this document is proof
positive that David Rushing (director of Shamrock Economic Development
Corporation and Shamrock Chamber of Commerce) has willfully perjured himself
with malicious intent. This document also is proof that David Rushing is guilty
of many numerous felonious state and federal crimes against the owner of the
radio station (KBKH) in Shamrock, Texas.
As can also be easily seen by any individual who is truly interested in justice and
who recognizes US Federal law, this document is proof positive that Lynn Switzer
(district attorney, 31st Judicial District, State of Texas) has aided and
abetted David Rushing's willful and malicious perjury. This document also is
proof that Lynn Switzer is guilty of willfully and maliciously conspiring with
David Rushing in the commission of many numerous felonious state and federal
crimes against the owner of the radio station (KBKH) in Shamrock, Texas.
(Text Version below. JPG files of the the original
documents as scanned are immediately below the text version.)
I am Jerrold Miller, an attorney at law with offices in
Bethesda, Maryland. I am licensed to practice law in the State of
Maryland and the District of Columbia. I have represented radio broadcast
stations and other parties before the Federal
Communications Commission (hereinafter, "Commission") for approximately 30
years.
Pursuant to Section 301 of the Communications Acts of 1934, as amended (47 U.S.C.
§301) which authority derives from the
US Constitution's delegation of the right to regulate interstate commerce to the
Federal Government, no one may operate a
broadcast station except pursuant to a license granted by the Commission. In
addition, Section 310(d) of this statute and
Section 73.3540 of the Commission's rules and regulations (47 C.F.R. §73.3540)
prohibits the transfer or assignment of any
station license to any other party, unless the Commission has first approved an
application for such transfer or
assignment.
Under the rules and policies of the Commission, a station licensee has many
responsibilities in areas such as the
station's technical operations, it's programming, it's hiring and promotion
practices, and it's relationship to the
residents of its city of license. The licensee must have ultimate authority,
both de jure and de facto, over station
programming, operations and finances.
It is permissible for the licensee to enter into local marketing agreements in
which another party supplies programming
and advertising to the station in exchange for consideration to the licensee.
I have become familiar with the history of Radio Station KBKH (formerly called
KRMN until July 26, 2002), an FM broadcast
station licensed to Shamrock, Texas, based on the publicly-available information
contained on the Commission's internet
web site and my review of a Local Programming and Marketing/Purchase Agreement
between Terry Keith Hammond and then KRMN-FM license holder James A. Turvaville, dated February 2, 2002.
The Commission granted the initial construction permit for the station to Turbo
Radio Limited Partnership, a limited
partnership, whose general partner was James A. Turvaville, on May 2, 1997, and
granted a license to that partnership on
February 20, 1998. This license was held continuously by Turbo Radio Limited
Partnership, until August 26, 2002, when it
was assigned to Terry Keith Hammond, in accordance with the Commission's grant
of application File No. BALH-20020624AAP.
The application was signed on behalf of the assignor licensee by James A.
Turvaville, who represented himself on the
application as the licensee's general partner.
The Commission granted this application on August 23, 2002, and the license
assignment consummation was reported to have occurred on August 26, 2002. From that date forward, Mr. Hammond has been, and
continues to be, the sole party to hold the
station's licensee. On occasion, he used the business name of
MonsterFM.com/Broadcast Services.
The license for KBKH, as well as all radio stations licensed to communities in
the state of Texas, expired on August 1,
2005. An application for license renewal was timely filed by Hammond on April 1,
2005. That application remains pending.
Pursuant to the Administrative Procedure Act, 5 U.S.C. 558(c) (2), Mr. Hammond's
authority to operate KBKH continues until
there is final action on the renewal application.
There is nothing in the files of the Commission to indicate that David Rushing,
or any other person or entity other than
those identified above, has ever been the licensee of KBKH.
I have also reviewed the Promissory Note and related Security Agreement, both
dated February 27, 2001, between Turbo Radio
limited Partnership and Shamrock Economic Development Corporation. The Security
Agreement identifies the collateral for
the note as "all inventory, fixtures, furniture, equipment now owned or
hereafter acquired wherever located." No mention
of accounts receivable, or any other intangible is made in this agreement, and
there is no basis on which to believe that
such items were ever part of the collateral for the Promissory Note. Hence, the
station's receivables have always remained
with the station.
(Click each of the pages below to download the full-size
version.)
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