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Meeting Date:
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5/14/2025 - 6:00 PM
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Category:
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Business/Action Items
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Type:
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Action
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Subject:
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18.1 Non-Renewal of License (Lease) Agreement with American Tower and Request for Approval to Sell KVHS License from the Federal Communications Commission ("FCC") for a Nominal Amount to a Governmental Agency or, in the Alternative, Surrender the FCC License to the Federal Government
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LCAP (Local Control Accountability Plan) Goal:
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Goal 3: Families and community will be informed and empowered as partners with Mt. Diablo Unified to support student learning and improve student outcomes.
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Enclosure
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File Attachment:
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Summary:
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KVHS (90.5 FM) is a non-commercial radio station, licensed to MDUSD by the FCC. In June 2005, the District entered into a License Agreement with American Tower, providing MDUSD a lease to place antennas on a cell tower, which allows for the radio station transmissions (“AT Lease”). The AT Lease was for five years and provided for three renewal terms. The AT Lease expires on June 30, 2025. Since 2005, the District has expended $447,456.83 for the AT Lease–between 2013 and the present, the total expense has been: $298,595.46. A Lease Renewal for another five years would cost the District approximately $170,327.09.
In 2012, the broadcasting class was discontinued, when the funding ceased. While KVHS has continued to broadcast, students have not utilized it and KVHS has not operated as an MDUSD station. Of note, in February and August 2022, the Board approved the divesture of the KVHS license. Given that the Board previously approved the divesture the KVHS license and KVHS no longer serves an educational purpose, staff do not recommend expending public funds to renew AT Lease. Of note, the non-renewal of the AT Lease will result in KVHS not broadcasting on or about July 1, 2025.
Pursuant to California Education Code § 17542, the governing board of a school district may sell used personal property belonging to the district to governmental agencies at a price and on terms fixed by the agencies’ governing boards and approved by the county superintendent of schools. Staff recommends the Board setting the price for KVHS at $1.00 (and directing staff to request the County Superintendent's approval) in order faciliate a sale to an interested governmental entitiy, and if no governmental entity is interested, then allowing the surrender of the license to the FCC, a federal agency. The FCC license will automatically be surrendered to the FCC on June 20, 2026, if another governmental entity does not take it over and resume radio transmissions.
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Funding:
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Fiscal Impact
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None
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Recommendation:
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That the Board approve 1) the non-renewal of American Tower Lease; 2) setting the sale price of KVHS (FCC License) for $1.00 to a governmental entity; 3) in the alternative to option # 2, surrendering the FCC License to the federal government; and 4) requesting the County Superintendent's approval of the sale of KVHS to a governmental entity for $ 1.00, or in the alternative, approval of surrender of the FCC License.
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Approvals:
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Recommended By:
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Signed By:
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Samantha Allen - Chief, Educational Services
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Signed By:
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Dr. Adam Clark - Superintendent
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