Judge rules against KSU on radio pact

WIBW allowed to carry football games despite ag network's exclusive contract

? WIBW-AM Radio can continue to broadcast Kansas State University football games for now, even though the university signed a contract with another station, a judge ruled.

The temporary injunction issued Tuesday allows Topeka-based WIBW to broadcast the games until Riley County Judge David Stutzman makes a final decision after a trial this fall.

In his ruling Tuesday, Stutzman cited an agreement that allows the university radio station, KKSU, to broadcast on the same frequency as WIBW.

The university in December gave the Wichita-based Mid-America Ag Network exclusive rights to broadcast the games in a contract worth $1.2 million per year over five years. WIBW’s final bid was $600,000 a year, about twice what the station had been paying for the rights.

Morris Communications, which owns WIBW, claims it has the right to continue broadcasting the games, despite the new deal, because of a 1969 agreement between former station owner, Stauffer Communications Inc., and the university that was filed with the Federal Communications Commission.

The time-share agreement one of the last of its kind left in the country detailed how the university radio station and WIBW were to share the 580 AM radio frequency.

Morris, of Augusta, Ga., had argued that in exchange for the right to broadcast Wildcat football games, WIBW granted KKSU an additional 15 minutes of broadcast time for its weekday news program.

Kansas State had argued that it could offer exclusive rights to Mid-America Ag once its sports broadcast agreement with Morris expires this year.

But Stutzman found that the agreement with Mid-America Ag didn’t supersede the time-share agreement.

“The university wanted to ensure either that WIBW or (KKSU) broadcast KSU football on their frequency, and it gave WIBW that right as long as it did not abandon it,” Stutzman wrote in his ruling.

“In effect,” Stutzman added, “WIBW has paid, and continues to pay, a fee for the non-exclusive right to broadcast football. That fee is paid each weekday from 5:15 to 5:30 p.m.”

Kansas State attorney Richard Seaton said he intended to review the ruling and confer with university officials.

“I think the chances are pretty good that we will want to have an appeal, but it would be premature for me to say that now,” Seaton said.

Morris attorney Michael Merriam said the issue now was how the two parties can get past the decision and work together again.

“Our relationship with the university does need to be restored,” Merriam said. “I hope both sides believe in the good faith of the other.”