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California pubcasters escalate tower dispute
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California pubcasters escalate tower dispute

A dispute over ownership of a transmission tower has turned into a legal battle between two California public broadcasters.

Sacramento-based CapRadio and KVIE have filed countersuits seeking judgment against the owner of a tower and adjacent property in Elverta, California.

The process and counterclaims follow: a deed of gift of the tower in March, awarded to KVIE through the endowment that supports CapRadio. The donation preceded a proposal to merge the stations that did not take off. A spokesman for Sacramento State University previously said Sacramento Bee that the endowment had no authority to donate the property.

In the lawsuit filed Oct. 21, KVIE argued that the gift deed gives it ownership of the tower, which CapRadio uses to transmit its 90.9 FM signal.

In its lawsuit, KVIE said it “never has, nor does it intend to, exclude CPR from using the Tower and has no intention of doing so.” It said it had “repeatedly called on CPR to make responsible financial commitments to support the Tower facility fully in proportion to its use in relation to other occupiers” to remedy the “deteriorating conditions” it says were caused by of CapRadio’s neglect to maintain the tower.

CapRadio countered on October 24 with its own lawsuit. It argued that a 1990 lease showed it owned the property and the tower and “should have put an end to any reasonable question of ownership of the tower.”

Interim CapRadio General Manager Frank Maranzino informed members and listeners about the dispute in a post on the station’s website.

“We are disappointed that this has become a legal issue, especially since we can point to indisputable proof of ownership of the tower, which CapRadio has owned, operated and properly maintained for over 40 years,” Maranzino wrote. “CapRadio had no choice but to file a counterclaim against KVIE on October 24 to protect our radio news broadcasting capabilities and to dispel misinformation about KVIE’s false ownership claims.”

The next hearing in the case is scheduled for December 2025, according to court filings.