Guel Pushes Back on FCC's Allegations of a Sham Sale
A broadcaster accused by the FCC Enforcement Bureau of engaging in a 2010 sham transfer of stations to his niece was assisting her with the day-to-day operations of the stations after the sale in accordance with FCC rules, said a filing posted Tuesday in docket 23-267 from broadcast station owner Antonio Cesar Guel (see 2502250064). “It was quite natural, and completely expected, that [Guel’s niece, Jennifer Juarez] often, and repeatedly, would rely upon Mr. Guel’s past experience in conjunction with the operation of the Stations,” the one filing said. That “does not equate” to impermissible control. In questioning witnesses in the case, the EB repeatedly confused being in charge of day-to-day operations, such as engineering matters, and being in charge of all operations, said Guel’s filing. All the testimony cited by the EB as proof that Guel remained in charge of the stations actually shows only that he was in charge of day-to-day operations -- “an involvement which specifically is permitted under FCC policies and which is not a matter under scrutiny in this proceeding,” the filing said.
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Guel, who is a citizen of Mexico, also responded to EB allegations that he made false statements to the FCC about being a U.S. citizen and other matters. The bureau hasn’t submitted any evidence in the record showing where Guel misrepresented his citizenship, the filing said. Though he bought the stations in 2005, he said he didn’t realize full ownership was restricted to U.S. citizens. While the EB has argued that Guel didn’t inform the FCC he wasn’t a citizen until 2018, Guel’s submission pointed out that his company went bankrupt in 2014, putting his stations under the control of a trustee. That meant “there was no longer any obligation” to report his status to the FCC, it said. The sale to Juarez and all the misstatements cited by the EB also occurred outside the FCC’s 10-year limit on considering past character violations, the filing said, adding that the EB’s call for an order barring Guel from participating in the broadcast industry is counter to FCC precedent and outside the FCC’s authority. The “overbroad” cease-and-desist order proposed by the EB would bar Guel from his livelihood as a broadcast consultant, the filing said.