November 30, 2006
In the Matter of a Mail Dispute Between
DAN BENNETT
and
FRANK JANDA
P.S. Docket
No. MD 06-194
APPEARANCE FOR DISPUTANT
Dan Bennett
DAN BENNETT:
Cumulus Media Partners
APPEARANCE FOR DISPUTANT
Frank Janda
FRANK JANDA:
INITIAL
DECISION
This mail dispute has been docketed pursuant to Postal Operations Manual (POM 9, July 2002) Section 616.21, which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute is that addressed to KGVL/KIKT Radio Stations at P.O. Box 1015, Greenville, TX 75403-1015. The Greenville Postmaster is currently holding the mail.
Neither party filed a sworn written statement, as required by the Rules of Practice, 39 C.F.R. §965.5, but Mr. Bennett filed an unsworn letter stating his position. Mr. Janda filed nothing in this proceeding. The following findings of fact are based on Mr. Bennett’s letter and the material forwarded by the United States Postal Service Law Department, Southwest Office, including some documents previously submitted by both parties to the postmaster.
FINDINGS OF FACT
1. Radio stations KGVL/KIKT in Greenville, Texas are owned by an entity known as Cumulus Media Partners. Cumulus is somehow affiliated with a corporation called KRBE Lico, Inc. Mr. Bennett is Vice President/Market Manager for Cumulus/KRBE Lico. (Bennett letter; Law Department forwarding letter).
2. Prior to July 2006, Mr. Janda, under a lease and/or management agreement with Susquehanna Media Corporation, managed KGVL/KIKT. (Bennett letter; September 18, 2006 Janda letter to postmaster).
3. After Cumulus purchased or otherwise took control of KGVL/KIKT in May 2006, the lease/agreement with Mr. Janda was terminated. (Bennett letter; September 18, 2006 Janda letter to postmaster).
4. P.O. Box 1015 has long been the business address of radio stations KGVL/KIKT. (Bennett letter).
DECISION
As Mr. Janda filed nothing to support his claim as required by 39 C.F.R. §965.5, he is in default. That alone is sufficient grounds for a ruling in favor of Mr. Bennett. 39 C.F.R. §965.7. In addition, while many facts are far from clear, it is clear that Cumulus now owns the radio stations KGVL/KIKT, and that Mr. Janda is no longer associated with the stations. Therefore, he is not entitled to delivery of mail addressed to the stations. Who originally opened the post office box or paid the rent in recent years is not determinative. The dispute is over who is entitled to receive mail addressed to KGVL/KIKT.
As is often the case, there appear to be underlying financial disputes between the parties. This decision deals only with delivery of mail. It does not determine ownership of the contents of the mail and does attempt to resolve any other disputes between the parties. If either party obtains a court order directing delivery of the mail, postal regulations provide that the mail will be delivered according to such an order. POM §616.3. If Mr. Bennett receives any mail that is intended for Mr. Janda personally or is otherwise unrelated to Cumulus, it is his responsibility to forward that mail.
The Judicial Officer should issue an Order to the Greenville Postmaster directing that mail addressed to KGVL/KIKT Radio Stations at P.O. Box 1015, Greenville, TX 75403-1015, be delivered as directed by Dan Bennett, acting on behalf of Cumulus Media Partners.
Bruce
R.