Reply To Petition To Deny - Redacted

1 Long Beach Community Television & Media Corporation
By Ashley Aguirre, President

2 Jordan Fitzpatrick, Vice President
c/o Jeanne Kyle, Secretary
3
4
Email lbctmcorg@gmail.com
5
6 BEFORE THE FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON DC 20554
7
In re: File No. BTCL-20171219ADU
8
LONG BEACH COMMUNITY TELEVISION Identifying information:
9 & MEDIA CORPORATION Facility ID No. 195312 Call sign: KLBP-LP
Frequency: 99.1 Channel: 256 Class: LP100
10 Form 316 Application for Transfer of Control
11 LBCTMC REPLY TO KENNETH ROTH

PETITION TO DENY
12
13 This Reply is filed by Long Beach Community Television & Media Corporation (hereinafter
14 “LBCTMC”) in response to Kenneth Roth’s Petition to Deny Application for Transfer of Control (hereinafter
15 “PTD”) filed on January 22, 2018. Although the issues raised in the Petition to Deny do not fall under the purview
16 of the FCC, LBCTMC herein addresses each premise point-by-point for the clarity of public record.
17 PTD PAGE 1 PARAGRAPHS 2 AND 4
18 With regard to Mr. Roth’s reference to other actions (i.e., complaints to the California Secretary of
19 State, Attorney General, Superior Court) regarding LBCTMC’s adherence to corporate bylaws, these are not, to our
20 understanding, issues under the jurisdiction of the FCC. This narrative has not changed over the past 18 months of
21 failed actions dismissed by the Los Angeles County Superior Court (Exhibit A, pages 6–27) and ignored by the
22 California Attorney General, Secretary of State, and IRS. LBCTMC has had numerous consultations with counsel in
23 the areas of corporate, non-profit, broadcast and criminal law over the last 18 months. The LA County Superior
24 Court in its ruling dated November 3, 2017, sustained LBCTMC’s demurrer upholding that Mr. Roth had no
25 standing to bring a case against the various directors on behalf of LBCTMC, based on the documentation provided
26 regarding board elections and resolution removing Mr. Roth from the Board of Directors. Mr. Roth has been stating
27 for the last six months (in court and elsewhere) that he has filed complaints with the California Attorney General,
28 Secretary of State and IRS; however, no directors have received any notifications of such.
LBCTMC REPLY TO KENNETH ROTH PETITION TO DENY – 1

1 PTD PAGE 1 PARAGRAPH 3
2 LBCTMC’s Form 316 provides sufficient relevant documentation regarding the turn-over in
3 directors, which occurred due to resignation or removal and is a common occurrence in non-profit corporations.
4 Mr. Roth may be disappointed that the modifications on the form 318 that he filed in May 2016 (Exhibit B),
5 changing the name and address of the Applicant to that of another non-profit that he went on to incorporate in
6 October 2016 (Exhibit C), and giving himself 50% voting share in a seven-member board of an organization in
7 which each board member gets one equally weighted vote, was corrected by LBCTMC to reflect the Applicant of
8 record and equal voting shares amongst all directors. The previous application filed by Roth in April 2016
9 (Exhibit B) showed all board members having equal voting shares (which is correct for LBCTMC’s nonprofit
10 corporate structure). Unbeknownst to the rest of the Board of Directors, Roth filed the substantive unauthorized
11 modification toward his own personal benefit in May 2016.
12 Although LBCTMC succeeded in getting the fraudulent Facebook page and website URL
13 lbctmc.org suspended, LBCTMC’s complaint to the California Attorney General included screenshots from those
14 sites and other documentation on Roth’s organization (KLBP-LPFM, Inc.) feigning ownership of the Construction
15 Permit granted to LBCTMC (Exhibit C).
17 The characterization of the majority of the Board of Directors (six out of nine) as a “faction” and
18 the unexplained references to “good-standing” are a continuation of Mr. Roth’s myopic narrative.
20 LBCTMC’s latest filing (form 316 requesting transfer of control) straightforwardly reflects the
21 2015 composition of the Board as the Transferor and the 2017 composition of the Board as the Transferee. This is
22 simply an update, not an attempt to “roll back,” and all changes are explained in the accompanying attachments,
23 particularly in LBCTMC’s filing dated December 15, 2017, requesting several administrative corrections which
24 were granted by the FCC (Exhibit A and Exhibit D).
26 Mr. Roth was instrumental in completing the FCC application process, and also provided key
27 assistance in transitioning the organization from its television project to the radio project. When the board’s
28 secretary / treasurer resigned without completing tax filings, this resulted in the automatic revocation of tax-exempt

1 status. However, non-profit status was retroactively reinstated via correspondence and filings with the IRS by the
2 CPA consultant retained by LBCTMC; therefore, the organization’s non-profit status has been continuous since its
3 inception in 2009, and the IRS has record of tax filings for every year since then.
4 PTD PAGE 2 PARAGRAPHS 4 & 5
5 Mr. Roth’s narrative regarding “good-standing” refers to the vague communications to the Board
6 of Directors regarding meeting attendance and membership dues from 2014 to 2016 when he was President. The
7 Board had voted in October 2014 that dues were “suspended until further notice” pending activities resuming if and
8 when an FCC Construction Permit was awarded. As President, Mr. Roth had also suspended regular meetings for a
9 period of time. When he communicated to the board about the reinstatement of dues in April 2016, a demand was
10 made for immediate payment or face expulsion. Roth called an emergency member meeting in May 2016 requiring a
11 vote in an attempt to replace most of the board. All but one of the then-current directors paid the requested $50 dues
12 and attended the meeting where it was agreed to postpone an election for one month. When the election took place
13 in June 2016, the meeting was moderated by a parliamentarian of Mr. Roth’s choosing, audio recorded, minutes
14 transcribed verbatim, and the election results notarized on the spot by a Notary Public of the parliamentarian’s
15 choosing (Exhibit E). Not satisfied with the results, Mr. Roth has attempted since that time to prove that the election
16 and subsequent meetings were illegal via two civil complaints (Exhibit A), both dismissed.
17 PTD PAGE 3 PARAGRAPHS 1 AND 2
18 Mr. Roth, as President of the Board at the time, would have been responsible for appointing a
19 Chair and overseeing a Membership Committee and/or Nomination Committee, but he did neither. The process
20 Mr. Roth laid out for adding Directors to the Board in June 2016 was for nominations to be made from the floor of
21 the meeting, for each nominee to speak for two minutes, and for a vote to be taken by the eligible members in
22 attendance. The meeting transpired according to Mr. Roth’s rules of engagement and, as stated above, that meeting
23 was moderated, recorded, and notarized.
24 The board that was formed from the June 2016 election convened subsequent meetings where it
25 was revealed that Mr. Roth had, over the course of the previous year, gained unilateral control over all of the
26 organization’s assets: 1) he had moved the website to his own personal server to which only he had access; 2) he had
27 moved physical organization records to his residence; 3) he had the only key to the corporate POBox where FCC
28 communications were delivered; 4) he alone had the passwords to the FCC databases; 5) he created a PayPal

1 account (to which he alone had access) linked to the corporate checking account and his personal PayPal account;
2 6) he transferred the majority of the balance of the corporate checking account funds into his PayPal account via
3 unauthorized transfers on May 31, June 13 and June 27, 2016 (Exhibit F). Mr. Roth was requested at three
4 consecutive board meetings to rectify all of the above by providing log-in access to the website and the PayPal
5 account; by providing a copy of the PO Box key; by bringing the corporate records to a meeting; and by returning
6 the funds ($2400) which were transferred out of the corporate account into his PayPal account. When Mr. Roth
7 refused to comply with any of these requests, the Board contacted the bank to reverse the ACH transfers and close
8 the account, and then called an emergency meeting to remove Mr. Roth for cause. Under these compelling
9 circumstances, the Board acted responsibly to fulfill its fiduciary duties to protect the organization by taking
10 immediate action rather than waiting to call a member meeting which could have resulted in further damage
11 occurring. It was not necessary to wait for Mr. Roth to be in attendance of an emergency meeting since a super-
12 majority (six out of nine) directors were in attendance.
13 PTD PAGE 3 PARAGRAPHS 3, 4 AND 5
14 The current Directors on the Board of Long Beach Community Television & Media Corporation
15 are well-respected in the community and in the broadcast and entertainment industries. LBCTMC has kept judicious
16 records and continuously consulted with professionals to ensure moving forward responsibly. LBCTMC would be
17 happy to provide the FCC with meeting minutes since May 2016, but we have not been led to believe that the FCC
18 needs or wants to review them. Excerpts from minutes and resolutions have been provided where necessary to
19 document relevant filing requests. The Los Angeles Superior Court dismissed Mr. Roth’s two civil cases, and we
20 have no reason to believe that the California Attorney General will be weighing in on any complaint Mr. Roth might
21 file. We are in good standing with the California Secretary of State, the California Franchise Tax Board, and the IRS
22 (Exhibit G).
23
24
25
26
27
28

1 REQUESTED FCC RESPONSE
2 If the FCC would see fit to investigate the above-referenced deceptions (attempted Applicant
3 name changes, attempted voting share changes, on-line claims by a separate non-profit formed by Roth in October
4 2016 using LBCTMC’s call letters as its name and feigning ownership of LBCTMC’s Construction Permit),
5 LBCTMC would be grateful, since the California Attorney General’s form letter reply to LBCTMC’s complaint
6 indicates that, although they are the correct agency to investigate nonprofit fraud, they most likely will not expend
7 resources on a matter of this small magnitude.
8 Mr. Roth has had 18 months to retain legal counsel and present a viable claim in an appropriate
9 venue, but has been unable to do so; instead, he continues to harass and malign the LBCTMC organization and
10 board members with vexatious litigation and published op-eds (http://bit.ly/2BA5W9N http://bit.ly/2rJLEuN).
11 Should Mr. Roth choose to pursue yet another civil lawsuit, we will handle that via the appropriate channels.
12 The Board of Directors of Long Beach Community Television & Media Corporation respectfully requests that the
13 Form 316 Request for Transfer of Control be granted without further delay.
14 Thank you for your attention to this matter.
15
16 Dated this 29th day of January, 2018
17
BY:
18
LONG BEACH COMMUNITY TELEVISION AND MEDIA CORPORATION
19
Ashley Aguirre, President
20
Jordan Fitzpatrick, Vice President
21 Jeanne Kyle, Secretary and Treasurer
22
23
24
25
26
27
28

EXHIBIT A pg 1
EXHIBIT A pg 2
1906 E. Anaheim Street

Long Beach, CA 90813
15 December 2017
Ms. Marlene H. Dortch, Secretary

Federal Communications Commission
Office of the Secretary
9050 Junction Drive
Annapolis Junction MD 20701
Attn: Audio Division, Media Bureau
RE: KLBP-LP (Facility ID No. 195312) Long Beach, California

Request for Administrative Corrections
Dear Ms. Dortch:
Long Beach Community Television and Media Corporation, the permittee of KLBP-LP (Facility
ID No. 195312) Long Beach, California (“Permittee”), hereby notifies the Commission that a local court
of competent jurisdiction has resolved competing control and ownership claims raised by a former
organization official (Kenneth Roth) in favor of the existing board in its decision to relieve Mr. Roth of
any and all authority to take any legal action on behalf of the Permittee.
As a result, a number of administrative changes and filings that Mr. Roth made at the
Commission are legally null and void.
The Superior Court of California for the County of Los Angeles filed its “Notice of Court
Ruling” on November 3, 2017, resolving the matter. (“Court Ruling”), a copy of which is attached,
together with a relevant corporate resolution, at Exhibit 1.
By this letter, the Permittee respectfully requests the Commission do the following in response to
the Court Ruling and corporate resolution, attached hereto at Exhibit 1, which clearly show Mr. Roth has
no authority to take any legal action or file any legal form, application or other document for the
Permittee:
1. Withdraw (or Dismiss) the Application in FCC File No. BMPL- 20170519ACM, which
Mr. Roth filed without authorization from Permittee;
2. Dismiss the Petition for Reconsideration that Mr. Roth submitted to FCC File No.
BMPL- 20170519ACM. As noted in the attachments at Exhibit 1, Mr. Roth has no legal
standing, right or authorization to file such a petition as he is neither an officer, nor a board
member nor an agent of the Permittee. 1
1
The Permittee also notes that, insofar as no final order or grant has issued, the Commission’s rules also
do not permit a Petition for Reconsideration as there is simply no action to reconsider.
LBCTMC is a community membership organization open to the general public for the purposes of producing and
disseminating member productions for broadcast on public access venues, including both television and radio.
EXHIBIT A pg 3
Ms. Marlene Dortch Page 2 15 December 2017

Secretary, FCC
3. Remove any freezes or blocks that were administratively imposed on the Permittee’s filing
with the Commission pending a state court ruling on ownership and control of the Permittee.
As those matters have been resolved (as shown by the documents at Exhibit 1), the Commission
may safely allow tendering, filing and decisions on matters involving the Permittee if filed by its
now verified duly authorized officers and board members (which excludes Mr. Roth, or anyone
authorized by him).
4. Correct the Commission’s records so that the Permittee’s official address and phone number
on the Commission’s record is properly listed as:
1906 East Anaheim Street
Long Beach, CA 90813
Telephone Number: 714-357-5424
I have enclosed an additional copy of this letter. Kindly date-stamp and return this copy in the
self-addressed stamped envelope provided.
Please contact the undersigned with any questions.
Regards,
Jeanne Kyle, Secretary

Long Beach Community Television and Media
Corporation
cc: Michael Wagner, Esq., FCC (michael.wagner@fcc.gov)

Lisa Scanlan, Esq., FCC (lisa.scanlan@fcc.gov
James Bradshaw, FCC (james.bradshaw@fcc.gov)
Gary Loehrs, FCC (gary.loehrs@fcc.gov)
Kenneth Roth (emailed to kr@kenroth.com and 411@klbp.fm; and certified mail to:
404 E 1st St #611 Long Beach CA 90802 and 425 W 4th St #E Long Beach CA 90802)
LBCTMC is a community membership organization open to the general public for the purposes of producing and
disseminating member productions for broadcast on public access venues, including both television and radio.
EXHIBIT A pg 4
EXHIBIT 1
EXHIBIT A pg 5
LBCTMC Board of Directors meeting minutes and Board Resolution from July 2016
EXHIBIT A pg 10
Los Angeles Superior Court ruling on Case No. BC656352 on October 27, 2017 (demurrer)
EXHIBIT A pg 11
EXHIBIT A pg 12
EXHIBIT A pg 13
EXHIBIT A pg 14
EXHIBIT A pg 15
EXHIBIT A pg 16
EXHIBIT A pg 17
EXHIBIT A pg 18
EXHIBIT A pg 19
EXHIBIT A pg 20
EXHIBIT A pg 21
EXHIBIT A pg 22
EXHIBIT A pg 23
EXHIBIT A pg 24
EXHIBIT A pg 25
EXHIBIT A pg 26
EXHIBIT A pg 27
Los Angeles Superior Court dismissal of Case No. NC060746

EXHIBIT A pg 28
Kenneth Roth Petition for Reconsideration (pages 1-26 of 104)

EXHIBIT A pg 29
EXHIBIT B
Signature Date
06/22/2017
WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE, TITLE
18, SECTION 1001), AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. CODE, TITLE 47,
SECTION 312(a)(1)), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).
Exhibits
Attachment 1
Description
Petition for Reconsideration RE: Access to CDBS/CORES
https://licensing.fcc.gov/cgi-bin/ws.exe/prod/cdbs/forms/prod/cdbsmenu.hts?context=25&appn=101759583&formid=917&fac_num=0 2/2
EXHIBIT A pg 30
EXHIBIT B
Before The
Federal Communications Commission
Washington, D.C. 20554
June 20, 2017
In the matter of: )

)
KRNF-LP FM )
Long Beach Community Television & ) BMPL-20160601AHB
Media Corporation ) Facility ID: 195312
Long Beach, California )
Petition for Reconsideration
Kenneth Roth, PhD (“Petitioner”), in capacity as a duly-seated officer of Long Beach

Community Television and Media Corporation (“LBCTMC”), hereby submits this Petition for
Reconsideration (“PFR”) concerning the unauthorized and illegal seizure of LBCTMC's
accounts by a faction of past directors and improperly-inducted members (“Defendants”)
attempting to rest control of the permit for Low Power FM Facility ID# 195312, by way of
misrepresentations to the Commission and the Media Bureau. With a Legal Tolling Request
posted May 22, 2017, along with Defendants' sudden takeover of CORES / FRN account, this
Petition invokes the 30-day period pursuant to Section 1.106 of the Commission's Rules
prompting a timely review and corrective actions in this matter.
Petitioner seeks full and immediate restoration of access to the Consolidated Database System
(“CDBS”) and Federal Registration Number (“FRN”) accounts for this facility, and requests
further actions and proceedings concerning this LPFM facility be subject to appropriate handling
per the Ex Parte rules, pending a final determination by the Los Angeles County Superior Court.
With this filing, Petitioner formally advises the Commission of legal action filed on April 4,
2017 by Petitioner, as Plaintiff, in Case # BC656352, against Defendants – some of whom have
misrepresented themselves to the Commission. The full Complaint filed in Los Angeles County
EXHIBIT A pg 31
EXHIBIT B

Federal Communication Commission
June 20, 2017
Page 2 of 4
Superior Court is attached as Exhibit 2. Petitioner respectfully notes the date of filing of this
case predates Defendants' recent engagements with Commission staff in efforts to gain control of
the Low Power FM permit.
In addition to restored access to CDBS and FRN accounts, and pending a ruling by the Court,
Petitioner requests any further communication by Defendants prompting action by the
Commission observe in full accordance the Commissions' Ex Parte rules, ensuring filings are
served on all parties.
The Defendants, in their recent communications with Commission staff, make several
misrepresentations to Staff. The request for Legal Tolling Extension posted May 22, 2017
containing accusations against Petitioner was neither posted in its entirety, nor served on
Petitioner. Yet, it appears this letter prompted Staff to make a premature and unsubstantiated
determination, allowing Defendants to gain full control of CDBS & FRN accounts.
These machinations were unknown to Petitioner, who at the same time sought a routine 18-
month Extension (non-legal), posted by staff on May 22. Petitioner was not notified of
Defendant's filings, nor afforded the opportunity to present facts counter Defendants’ claims to
FCC staff. When unable to access CDBS & FRN accounts, Plaintiff promptly made telephonic
and email contact with CORES and the Media Bureau staff.
However, without corrective action now almost 30 days after the FRN account was seized,
Petitioner submits this formal Petition to ensure the matter is heard and handled appropriately
forthwith, and hereby served to Defendants, to compel their full explanation to substantiate their
actions and allegations before the Commission, and for the public record.
Petitioner further calls upon the Commission to conduct an Inquiry into the actions and
representations made by Defendants, to verify their status as properly-inducted Members in
accordance with the full procedures of the LBCTMC Bylaws and the California Corporation
EXHIBIT A pg 32
EXHIBIT B

June 20, 2017
Page 3 of 4
Code, by and through which are the only routes to vote and serve as a Board Director of
LBCTMC.
As of this writing, Defendants have yet to comply with Petitioner's written request on repeated
occasions for records as provided and required by Section 6330-6338 of the California
Corporations Code, confirming that procedures for the inductance of Members and Directors
associated with the Defendants was properly conducted. Petitioner believes Defendants are
unable to produce such records, since Defendants, calling into serious question their standing as
legitimate Members and Directors, did not follow the LBCTMC Bylaws on file with the
California Secretary of State.
If, however, an Inquiry is not initiated, Petitioner respectfully requests the Commission to
appropriately defer a determination as to who is a legitimate representative of LBCTMC to the
Los Angeles County Superior Court. In the interim, the Media Bureau and CORES should
restore to Petitioner his access to CDBS & FRN accounts, to allow Petitioner to complete final
filings to establish LBCTMC's LPFM license.
Countering Defendants’ narrative contained in their letter requesting a Legal Tolling Extension,
and posted to CDBS on May 22nd, Petitioner offers in forthcoming Supplemental filings a
summary for the Commission and Staff additional background information on LBCTMC's status,
some of which is contained within Petitioner's complaint before the Court, as referenced earlier.
Should Defendants comply with Petitioner’s request for records per the California Corporation
Code, Petitioner will oblige to update, correct, and if or where warranted, withdraw this Petition.
Regardless of legal determination of its true and properly authorized representatives, the KRNF-
LPFM license will reside within the LBCTMC organization. Our intent here is to ensure the
prevailing party emerges with a renewed sense of adherence, and respect, for LBCTMC's own
Bylaws and the California Corporation Code.
EXHIBIT A pg 33
EXHIBIT B

June 20, 2017
Page 4 of 4
This filing is based on facts within my personal knowledge and is sworn to under the penalties
for perjury provided in the laws of the United States.
Executed on this 20th day of June, 2017.
Respectfully Submitted,
_____________________________
Kenneth Roth, PhD
Petitioner / Plaintiff
Long Beach Community Television
& Media Corporation (LBCTMC)
Cc: Marlene H. Dortch, Office of the Secretary, Federal Communications Commission

Peter Doyle, Chief, Audio Division FCC Media Bureau
Warren Firschein, Senior Attorney, Office of Managing Director
Commission's Registration System (FRN / CORES)
Office of General Counsel
Attention: Ex parte complaints, David Senzel
Defendants, Long Beach Community Television & Media Corporation, Los Angeles County
Superior Court – Case # BC656352: Judy Baker, Liza Mitchell, Ashley Aguirre, Mony
Sing, Alexander Thong, Doug Wood, Mansoor Sabbagh, Jeanne Kyle
EXHIBIT A pg 34
EXHIBIT B
Table of Contents
Original FRN request Exhibit 1
Plaintiff’s Complaint Exhibit 2

(Including Exhibits A: Statement of Information, California Secretary of State: B:
LBCTMC Restated Bylaws as of 9/14/2014; C: Bank Correspondence regarding
Fraudulent access by defendants and supporting documentation showing Plaintiff
as (only) authorized officer of Corporation at the time during which corporate funds were
absconded with
Amicus Brief in support of Plaintiff’s Complaint Exhibit 3
Organization formation, revocation, reinstatement Exhibit 4
Repeated records request Exhibit 5
California Corporation Code, Article 3, Sections 6330-6338, Right of

Inspection Exhibit 6
California Corporation Code, Sections 5220-5223, Removal of

Board Directors and Officers Exhibit 7
EXHIBIT A pg 35
EXHIBIT B
EXHIBIT 1
(ORIGINAL FRN REQUEST)
EXHIBIT A pg 36
FCC Registration System
EXHIBIT B
https://apps.fcc.gov/coresWeb/registrationConfirmation.do
EXHIBIT 1
FCC Home | Search | Updates | E-Filing | Initiatives | For Consumers | Find People
FCC Registration
FCC > FCC Registration < FCC Site Map
FRN Registration
Return to FCC Registration Home
Thank you for registering with the FCC. As of today, Nov 11 2013 9:24PM, you have been assigned the
following FCC Registration Number (FRN): 0023116262. Please print this page for your records.
Domestic Business Registration

Business Type: Private Sector Subtype: Non-Profit/Exempt Organization
Business Name: Long Beach Community Television and Media Corporation
EIN: 270225710
Contact Information
Organization: Ken Roth & Associates Position: Principal
Salutation: Dr First Name: Kenneth
Middle Initial: R Last Name: Roth
Suffix:
Address Line 1: 1906 Anaheim Address Line 2:

City: Long Beach State: CALIFORNIA
Zip Code: 90804 Phone: 310 560 8104
Fax: Email: kr@kenroth.com
Personal Security Question
PSQ: Mother's maiden name
To better secure your personal information, the FCC no longer displays your Password or Personal Security
Answer.
Amateurs, Aircraft, Marine, Antenna Structure Registration (ASR), and any other service licensed through the
Universal Licensing System (ULS) should click on the following link to access ULS and associate their call
sign(s) with their new FRN and password. Existing call signs must be associated with an FRN before you can
file in ULS.
Universal Licensing System
To visit another FCC site, follow the links below:
1 of 2 11/11/13 6:25 PM
EXHIBIT A pg 37
FCC Registration System
EXHIBIT B
https://apps.fcc.gov/coresWeb/registrationConfirmation.do
Auctions
Call Sign Reservation and Authorization System
Electronic Tariff Filing System
Emergency Alert System
Experimental Licensing Branch Electronic Filing Site
Fee Filer
International Bureau Application Filing and Reporting System
Media Bureau Consolidated Database System
Pay ULS Fees
Red Light Display System
Telecommunications Certification Bodies Electronic Filing Site
TV Station Profiles & Public Inspection Files
Video Programming Distributors (VPD) Data Entry
Other FCC Electronic Filing & Public Access Systems
Customer Service
Frequently Asked Questions Forms Requiring an FRN Privacy Statement FCC Home Page
FRN Help Line: 877-480-3201 (Mon.-Fri. 8 a.m.-6 p.m. ET)
The FRN Help desk has a dedicated staff of customer service representatives standing by to answer your questions
or concerns.
You can also email the FRN Help desk with your questions and concerns.
2 of 2 11/11/13 6:25 PM
EXHIBIT A pg 38
EXHIBIT B
EXHIBIT 2
(PLAINTIFF’S COMPLAINT)
EXHIBIT A pg 40
EXHIBIT B
1
2. Plaintiff Roth is an individual and resident of Los Angeles County,
2
California, in the City of Long Beach. He is the duly elected president of the
3
Board of Directors of the Long Beach Community Television and Media Corporation
4
“LBCTMC”, a California non-profit public benefit corporation. Plaintiff joined
5
LBCTMC in October 2011 when he was elected to the Board of Directors. Plaintiff’s
6
stature in the communication, broadcast, media, and education fields caused
7
directors to unanimously elect him president in December 2014. In his capacity as
8 executive, Roth revived the organization’s exempt status lost due to previous
9 officer negligence, secured a low power FM radio permit from the Federal
10 Communications Commission (FCC) in a highly competitive and contentious process,
11 and established a 24-7 online streaming radio presence, all with little or no
12 support or participation by Defendants, many of whom now allege they are active
13 members, directors and officers of the organization.
14 3. Plaintiff is informed and believes Defendant Judy Baker (“BAKER”) is a past
15 Secretary, past Director, and past Member of LBCTMC. Baker was Secretary at the
16 time the organization lost its exempt status due to noncompliance. Plaintiff is
17 informed and believes Defendant Baker is a resident of Orange County, California
18 in the City of Cypress.
19 4. Plaintiff is informed and believes Defendant Liza Mitchell (“MITCHELL”) is
20 a past President, a past Director, and past Member of LBCTMC, and was removed for
21 cause by a board vote in March 2015 for an earlier act of conversion against
22 LBCTMC. Mitchell was President at the time the organization lost its exempt
23 status due to noncompliance. Plaintiff is informed and believes Defendant
24 Mitchell is a resident of Buffalo, New York.
25 5. Plaintiff is informed and believes Defendant Mony Sing (“SING”) is a past
26 Treasurer, past Director, and past Member of LBCTMC. Defendant Sing was inactive
27 in the organization for more than two years, resulting in loss of standing as a
board director per organization bylaws. Sing was Treasurer at the time the
28
2
Roth v. Baker et. al. Verified Complaint
EXHIBIT A pg 41
EXHIBIT B
1 organization lost its exempt status due to noncompliance. Plaintiff is informed
2 and believes Defendant Sing is a resident of Los Angeles County, California in
3 the City of Long Beach.
4 6. Plaintiff is informed and believes Defendant Alex Thong (“THONG”) is a past
Director, and past Member of LBCTMC. Defendant Thong was inactive in the
5
organization for more than two years, resulting in loss of standing as a board
6
director per organization bylaws. Plaintiff is informed and believes Defendant
7
Thong is a resident of Los Angeles County, California in the City of Rosemead.
8
7. Plaintiff is informed and believes Defendant Mansoor Sabbagh (“SABBAGH”) is
9
an individual and resident of Los Angeles County, California in the City of Long
10
Beach and is neither a past Director, nor a past Member of LBCTMC in accordance
11
with the organization’s bylaws. Defendant Sabbagh was previously involved in an
12
unsuccessful attempt to acquire another LPFM permit from its owner of record.
13
8. Plaintiff is informed and believes Defendant Jeanne Kyle (“KYLE”) is an
14
individual and resident of Los Angeles County, California in the City of Long
15
Beach and is neither a past Director, nor a past Member in accordance with the
16
organization’s bylaws. Defendant Kyle was previously involved in an unsuccessful
17
attempt to acquire another LPFM permit from its owner of record.
18
9. Plaintiff is informed and believes Defendant Doug Wood (“WOOD”) is a
19
resident of Orange County, California in the City of Cypress and is a past Member
20
in accordance with the organization’s bylaws.
21
10. Plaintiff is informed and believes Defendant Ashley Aguirre (“AGUIRRE”) is
22
a resident of Los Angeles County, California in the City of Long Beach, and is
23
neither a past Director, nor a past Member in accordance with the organization’s
24
bylaws.
25
11. At all times herein mentioned, Baker, Mitchell, Wood, Sabbagh, Sing, Thong,
26
Kyle, and Aquirre are collectively referred to as “DEFENDANTS”.
27
12. Defendants use as their collective address, 1906 East Anaheim Blvd., Long
28
Beach, California 90802, although none of them reside there. This is significant,
3
EXHIBIT A pg 42
EXHIBIT B
1 since FCC regulations require 75% of an organizational board possessing a low
2 power FM radio permit to live within 10 miles of the transmitter location. The
3 transmitter associated with Plaintiff’s radio permit is located in San Pedro,
4 California. As a result, rogue group members who assert they are true and correct
directors or officers of LBCTMC that reside in Orange County, California or

5
Buffalo, New York have established themselves outside the stipulated distance
6
from transmitter. Rosemead, California is more than 30 miles from transmitter,
7
Cerritos is more than 15 miles from transmitter, and Buffalo, NY is 2208 miles
8
from transmitter. The distance between residence and transmitter for Wood, Baker,
9
Mitchell and Thong disqualify them from standing with regard to the low power FM
10
radio permit, per FCC regulations.
11
13. Plaintiff is ignorant of the true names and capacities of Defendants sued
12
herein as DOES 1 through 10, inclusive, and therefore Plaintiff sues these
13
Defendants by such fictitious names. Plaintiff is informed, believes, and thereon
14
alleges, that each of the Defendants designated as a DOE is liable to the
15
Plaintiff, in some manner for the occurrences herein alleged, and Plaintiff’s
16
damages as herein alleged were proximately caused by their actions. Plaintiff
17
will amend this complaint to allege the true names of DOES 1-10, and capacities
18
when ascertained.
19
20
THE CASE
21
22
14. This action is brought in part under California Corporation Code Sections
23
5220-5223, and 6330-6338, and all applicable law thereunder, in addition to the
24
Bylaws of LBCTMC on THE GROUNDS DEFENDANTS HAVE BEEN ILLEGALLY AND IMPROPERLY
25
ELECTED AND/OR APPOINTED TO SERVE AS DIRECTORS OR OFFICERS OF THE CORPORATION,
26
AND ARE FURTHER UNFIT FOR RECKLESS DISREGARD OF ORGANIZATIONAL AND FIDUCIARY
27
OBLIGATIONS AS PRESCRIBED BY STATE LAW AND THE CORPORATE BYLAWS.
28
15. The struggle is between duly elected and certified Board Directors in good
4
EXHIBIT A pg 43
EXHIBIT B
1 standing, and a rogue group attempting to seize control of the organization for
2 personal gain, in violation of the Corporation Code, organization bylaws and FCC
3 regulations.
4
FIRST CAUSE OF ACTION: VIOLATION OF CALIFORNIA CORPORATION CODE
5
6
16. On or about March 15, 2016, former LBCTMC Board Directors (BAKER, MITCHELL,
7
SING, THONG), colluded with others (WOOD, AGUIRRE, KYLE, SABBAGH and Does 1–10),
8
to form a de facto rogue group to commandeer LBCTMC, by and through rigged
9
elections, and the removal of Board Directors in violation of Code Sections 5220-
10
5222. Defendants, some of whom have experience as previously seated Board
11
Directors, and in their rogue capacity here, also have violated their duties of
12
loyalty and care as defined in Section 309(a).
13
17. One day in advance of a membership meeting in May 2016 in which board
14
affiliation was to be determined, Wood paid dues for Baker, Mitchell, Sing,
15
himself, and offered to pay dues for Vice President John Trapper, and others, in
16
order to rehabilitate their status. Trapper declined Wood’s offer, but all others
17
accepted it and then nominated Wood to a board position. Wood’s efforts to pay
18
for a friendly board that would nominate him as a director violates duties of
19
loyalty and care, and also speaks strongly to Plaintiff’s assertions of a rogue
20
group acting independently of the board, its officers, its bylaws, state law, and
21
FCC regulations.
22
18. Further violations include lapses in fiduciary oversight, record-keeping
23
and annual filings to oversight agencies (IRS, Registry of Charitable
24
Organizations, Franchise Tax Board, etc.). Any one of these violations, when
25
affirmed, may be sufficient cause for revocation of LBCTMC’s exempt status and/or
26
its authorization to operate as a California corporation. Outside of dissolving
27
the corporation, Plaintiff seeks corporate reversion to the last known date of
28
compliance: May 21, 2016. If reversion were ordered, not a single person
5
EXHIBIT A pg 44
EXHIBIT B
1 presently representing himself or herself as a Director or Officer of the
2 corporation would be seated. The rogue group attempted to seize control of the
3 organization by way of installing directors of their choosing without completing
4 a properly certified election process in compliance with the Corporation Code or
LBCTMC bylaws. Further, certain rogue group members no longer reside in the
5
state, and as such cannot retain board or officer positions without violating
6
organization bylaws. For these and additional reasons based on information and
7
belief, Plaintiff asserts there are overwhelming grounds for involuntary
8
dissolution of the corporation based on Corporation Code, Section 6510(b), parts
9
(1)(3)(5)&(6).
10
11
SECOND CAUSE OF ACTION: VIOLATION OF ORGANIZATIONAL BYLAWS
12
13
19. Plaintiff realleges and incorporates herein by this reference each and
14
every allegation contained in paragraphs 1–18, inclusive, as set forth above. In
15
December 2014, Sabbagh was appointed interim Treasurer of an ad hoc organizing
16
group of LBCTMC, due to lack of participation by previous directors and members.
17
Plaintiff had recently revived the organization, and enlisted Sabbagh to assist
18
with annual filings. Despite repeated requests from Plaintiff after his
19
appointment, Sabbagh did not produce records from which state and federal filings
20
could be drawn. In fact, Sabbagh either ignored or refused repeated requests from
21
Plaintiff in his capacity as President of the Board for nearly five months.
22
20. Further, after a successful fundraising event on May 1, 2016, Plaintiff
23
requested a financial report from Sabbagh regarding the event. Sabbagh denied
24
collecting money at the event despite photographic documentation showing him
25
handling checks and cash, and further refused to provide access to records. As a
26
result, LBCTMC’s annual IRS report for FYE 2015 was submitted late and incorrect,
27
was returned by the IRS, and remains unfiled – and as a result, the organization
28
is out of compliance – due to Sabbagh’s actions.
6
EXHIBIT A pg 45
EXHIBIT B
1 21. When Sabbagh eventually surrendered the checkbook and records, he tendered
2 those records only to Mitchell, who was previously removed from the board for
3 conversion. Although Code sections 6330-6338 provide Rights of Directors to
4 inspect all books and records, Plaintiff has not seen LBCTMC financial records
since May 2016.

5
22. Sabbagh’s actions as described herein also clearly violate the intent and
6
letter of the organization bylaws with regard to maintaining and making available
7
financial records to directors, officers, and the public [Exhibit B: Organization
8
Bylaws, Article 6(d)(ii), to wit: “The Treasurer…shall render to the President
9
and directors, whenever they request it, an account of all their transactions as
10
Treasurer and the financial condition of the organization.”
11
23. During this same period in early 2016, while Sabbagh withheld financial
12
records, Defendant Kyle purchased Internet domain names bearing the name "KLBP"
13
without prior notice to or authorization of Plaintiff. Meanwhile, Defendants
14
Baker, Wood, and Sabbagh approached Vice President John Trapper to discuss his
15
willingness to “take over” the board.
16
24. Further, Defendant Kyle, more than a year later, still controls domain
17
registrations for which she has no right, title or interest. In retrospect, and
18
based on these and other concurrent developments and available information, a
19
pattern appears consistent with other instances where small cadres of
20
unaffiliated individuals have attempted to seize control of an organization and
21
its FM radio permit. Similar situations have periodically occurred in the US. The
22
most notable case is WHYR-LP in Baton Rouge, Louisiana, where the FCC eventually
23
penalized the rogue group at $20,000, which was appealed, but upheld by the
24
Commission (see FCC MO&O - DA-10-130A1 WHYR-LP – Baton Rouge, LA).
25
25. However, another very serious and negative outcome from these charades by
26
the rogue group has been the misreporting of annual required filings to state and
27
federal agencies – due to withheld information – placing the corporation at risk
28
of losing its exempt status for a second time in 5 years. The IRS grants an
7
EXHIBIT A pg 46
EXHIBIT B
1 organization three years of noncompliance before revoking exempt status. LBCTMC
2 is currently out of compliance for FYE 2015, has not filed for FYE 2016, and must
3 bring these filings current in FYE 2017 or have its exempt status revoked.
4 26. Long Beach Community Television and Media Corporation (“LBCTMC”), a 501(c)
3 Public Benefit Corporation incorporated on June 28th, 2009 by Charles M. Brown,

5
filed its Articles of Incorporation with the Secretary of State of California on
6
July 6, 2009. LBCTMC was granted exempt status in 2010. However, the exempt
7
status was revoked in 2014 for non-compliance. Many of those now representing
8
themselves as board directors held office or sat on the board during the time the
9
organization was operated out of compliance, resulting in its exempt status being
10
revoked. At least three members of the rogue group were officers and directly
11
responsible for the loss of exempt status: Mitchell, then-president, Baker, then-
12
secretary, and Sing, then-treasurer.
13
27. Plaintiff Roth solely reinstated the organization’s exempt status after his
14
election as President of the organization in December 2014. Condition of
15
reinstatement required payment of fines emanating from 2010, well before
16
Plaintiff was a member of the organization. Plaintiff personally paid these fines
17
after Defendants absconded with the organization’s checkbook. Plaintiff has and
18
continues to personally pay all operational costs, annual fees to reporting
19
agencies, mail services, etc. for the organization. The rogue group acting as the
20
Board of Directors of the corporation has made no effort, in the intervening
21
period, to reimburse Plaintiff, or to assume any responsibility for the
22
maintenance, compliance, and fitness of the corporation.
23
28. Further, Defendants have asserted the removal of three board Directors
24
(Plaintiff, Vice President John Trapper, and Director David Brown), in violation
25
of procedures for removing and seating new officers, according to organization
26
bylaws:
27
• Article IV, Section 6(a) Quorum
28
• Section 8(a), Voting
8
EXHIBIT A pg 47
EXHIBIT B
1 • Article VI, Section 1, Powers
2 • Section 3(a), Eligibility for appointment as Board Director
3 • Section 4, Residency
4 • Section 7(a)(ii)(iii) Vacancies
• Section 11(a) Authority to Call Special Meetings

5
• Article VIII, Section 6(c)(i)(ii),6(d)(i)(ii), Responsibilities of Officers
6
29. Further violations include:
7
• Article X, Section 1(a)(b)(c) Maintenance of Corporate Records
8
• Section 4, Inspection of Records by Directors
9
• Section V(a)(i)(ii)(iii)(iv), Annual Report to Members
10
• Section V(b), Certification of Report by Officer
11
30. Finally, Defendants have posted to social media sites and elsewhere on the
12
Internet, announcing a “regime change” within the organization. Beyond the
13
confusion caused the public by these fallacious postings and misrepresentations
14
by the rogue group, some of these fallacious postings are also potentially
15
libelous and have sought to injure Plaintiff’s reputation, the organization’s
16
reputation and also may be cause for subsequent claims of business interference.
17
18
THIRD CAUSE OF ACTION: BANK FRAUD
19
20
31. Plaintiff realleges and incorporates herein by this reference each and
21
every allegation contained in paragraphs 1–30, inclusive, as set forth above. On
22
or about May 27, 2016, Plaintiff Roth contacted International City Bank, the
23
organization’s checking account holder, and requested a freeze be placed on the
24
organization’s bank account since Defendant Sabbagh had possession of the
25
organization checkbook, was not an officer or a member in good standing, and
26
refused to relinquish control of financial records. There also were other signs
27
as described earlier indicating a rogue group was attempting to seize control of
28
the organization. The bank refused Plaintiff’s request, despite his presenting a
9
EXHIBIT A pg 48
EXHIBIT B
1 Statement of Information from the Secretary of State indicating to bank officers
2 that Plaintiff and Vice President John Trapper, who accompanied Plaintiff, were
3 the legal executive officers of the organization. Plaintiff memorialized his
4 requests in correspondence to the bank and both he and Vice President Trapper
visited the bank in person to describe to the bank an apparent power grab by a
5
rogue group, which might involve attempting to access organization funds [Exhibit
6
C: ICB Correspondence].
7
32. On or about June 2, 2016, after the bank refused to safeguard funds,
8
Plaintiff transferred funds from the bank account to an associated PayPal
9
safekeeping account. This account remains open and untouched by Plaintiff to the
10
present day. However, by some means and under some authorization unknown to
11
Plaintiff, the International City Bank reversed the transfers to the safekeeping
12
account and apparently provided the proceeds of the organization bank account to
13
Defendants Mitchell, Wood, and Baker, despite none of whom at the time held any
14
office in the organization, and were not members in good standing of the
15
organization. When the bank was pressed for an explanation, Plaintiff was told he
16
was not a signor on the account, despite his undeniable status as the recognized
17
executive of a recently revived moribund organization. The funds released to
18
Mitchell, Wood and Baker remain unaccounted for, and Wood was somehow added as a
19
signor to the account, in absence of board authorization, or status as an officer
20
in good standing. Additionally, the removal of funds caused the safekeeping
21
account to overdraw and PayPal, Inc. sought repayment from Plaintiff for charges,
22
despite the account clearly designated in the name of the non-profit corporation
23
and attached directly and solely to the organization’s bank account, to which
24
Plaintiff had no access. In addition, PayPal, Inc. has since “limited” all of
25
Plaintiff’s accounts, including personal accounts, for organizational debts
26
caused when rogue group members, Mitchell, Wood and Baker absconded with funds
27
from the corporate banking account. This has caused additional personal and
28
professional harm to Plaintiff, in addition to harm already caused the
10
EXHIBIT A pg 49
EXHIBIT B
1 organization, and may be cause for further legal action against current
2 Defendants, with the addition of The International City Bank and PayPal, Inc.
4 FOURTH CAUSE OF ACTION: CONVERSION
5
33. Plaintiff realleges and incorporates by this reference each and every
6
allegation contained in paragraph 1 through 32 inclusive, as set forth above.
7
34. At all times relevant herein, Plaintiff, representing LBCTMC as President,
8
was, and still is, the operator of KLBP, and as such is entitled to possession of
9
one hundred percent (100%) of all monies gained from that domain name for the
10
purposes of promoting the KLBP brand and operation of the low power FM radio
11
station.
12
35. As set forth, Defendants have wrongfully converted Plaintiff’s domain name
13
to themselves, in violation of federal law, to wit, the Anticybersquatting
14
Consumer Protection Act, by secretly registering the domain name as their own and
15
failing to and refusing to turn over same to Plaintiff, as agent of the rightful
16
owner, KLBP.
17
36. On or about March 16, 2016, Defendant Kyle, without board authorization,
18
and at such a time she was neither a member in good standing or a board director,
19
caused to be purchased the Internet domains, KLBP-FM.org and KLBP-FM.com and
20
currently holds them in her name. Further, she has deployed these urls and is
21
operating an unofficial web site under the true and correct call letters of our
22
registered web domain, KLBP. Kyle’s web site represents itself as the “owner” of
23
KLBP, in which she has no right, title, or interest.
24
37. As a direct and proximate result of such conversion by Defendants,
25
Plaintiff has been damaged in an amount, the precise sum of which is presently
26
unknown, but which will be determined in accordance with proof at trial, and
27
which includes a minimum of $50,000, with interest accruing thereon.
28
11
EXHIBIT A pg 50
EXHIBIT B
1 FIFTH CAUSE OF ACTION: INJUNCTIVE RELIEF
3 38. Plaintiff realleges and incorporates herein by this reference each and
4 every allegation contained in paragraphs 1–37, inclusive, as set forth above.
39. The enjoining of Defendants is necessary so that Plaintiff may protect

5
Plaintiff’s right, title and interest in the domain name, KLBP, as well as the
6
revenues, donations, proceeds, fruits and properties derived there from, all of
7
which rightfully accrue to Plaintiff, in his capacity as chief executive of
8
LBCTMC, and KLBP.
9
40. Plaintiff alleges on information and belief that, unless enjoined,
10
Defendants will use, dispose of, or otherwise make unavailable the domain, KLBP,
11
which rightfully is owned by Plaintiff.
12
41. Such acts, unless restrained and prevented by the Court in the exercise of
13
equitable jurisdiction to enter appropriate injunctive orders against Defendants,
14
will cause irreparable injury and damage to Plaintiff and KLBP, in the amount of
15
which will be extremely difficult and impracticable to ascertain and fix, and for
16
which Plaintiff will have no adequate remedy at law.
17
42. In light of the foregoing, Plaintiff is entitled to a temporary restraining
18
order, preliminary injunction and/or permanent injunction, all enjoining
19
Defendants, their agents, employees and representatives and all other persons or
20
entities acting under, or in concert or participating with them, from in any way
21
taking or attempting any of the action set forth in paragraph 40. In the absence
22
of a TRO or preliminary or permanent injunction, Defendants will continue
23
representing themselves as “owners” of KLBP, which proof at trial will make
24
abundantly clear is false.
25
26
SIXTH CAUSE OF ACTION: DECLARATORY RELIEF
27
28
12
EXHIBIT A pg 51
EXHIBIT B
1 43. Plaintiff realleges and incorporates herein by this reference each and
2 every allegation contained in paragraphs 1–42, inclusive, as set forth above,
3 between and among Plaintiff and Defendants, concerning their respective rights
4 and duties in that Plaintiff contends and alleges on information and belief that
Defendants deny that (a) Plaintiff as the executive officer of LBCTMC and KLBP is
5
the sole and exclusive owner of the domain name, KLBP and (b) Defendants be
6
required to immediately convey the domain name to Plaintiff and remove all
7
references in social and other media of ownership or association by Defendants
8
with the domain name, its use, or intention. Plaintiff also requests the Court
9
order any monies derived from use of Plaintiff’s domain name be returned to
10
Plaintiff.
11
44. Further, Plaintiff also desires a judicial determination of the rights and
12
duties of each of the parties hereto and a declaration that (a) Defendants acted
13
spuriously and illegally in attempting the removal of board directors in
14
violation of procedures outlined in the CCC and organizational bylaws and (b) the
15
Court order an organizational reversion to May 21, 2016, the last day the
16
organization was fully compliant with state, federal and organizational
17
requirements, laws, and ethical practice.
18
45. A judicial declaration is necessary and appropriate at this time and under
19
the circumstances set forth here so that the parties hereto may ascertain their
20
respective rights and duties in order to resolve the controversies between the
21
parties regarding this matter.
22
23
ON THE FIRST, SECOND, THIRD AND FOURTH CAUSES OF ACTION
24
1. For actual damages in a sum to be determined according to proof, but in no
25
event less than $50,000 together with interest accruing thereon;
26
2. For punitive and exemplary damages in a sum to be determined by the Court;
27
3. For a Court-ordered reversion to the last day of corporate compliance or
28
non-voluntary dissolution of the corporation;
13
EXHIBIT A pg 53
EXHIBIT B
EXHIBIT B - pg 1
EXHIBIT C - pg 1
EXHIBIT C - pg 3
STATE OF CALIFORNIA DEPARTMENT OF JUSTICE
CT-9 PAGE 2 of 2
(Rev. 2017)
Office of the Attorney General

Registry of Charitable Trusts
Privacy Notice
As Required by Civil Code § 1798.17
Collection and Use of Personal Information. The Attorney General's Registry of Charitable Trusts, a
part of the Public Rights Division, collects the information requested on this form as authorized by the
Supervision of Trustees and Fundraisers for Charitable Purposes Act (Gov. Code § 12580 et seq.) and
regulations adopted pursuant to the Act (Cal. Code Regs., tit. 11, §§ 300-312.1). The Attorney General's
Charitable Trusts Section uses the information in the administration and enforcement of the Act,
including investigations, law enforcement actions, and making referrals to other law enforcement
agencies. Any personal information collected by state agencies is subject to the limitations in the
Information Practices Act and state policy. The Department of Justice's general privacy policy is
available at http://oag.ca.gov/privacy-policy.
Providing Personal Information. Providing personal information requested in the form, including your
name, address, and telephone number, is voluntary. If you do not provide this information, however, any
investigation may be limited due to our inability to contact you.
Access to Your Information. Unless you consent or required by law, the Attorney General will not
make available to the public your personal information. You may review the records maintained by the
Attorney General that contain your personal information, as permitted by the Information Practices Act.
See below for contact information.
Possible Disclosure of Personal Information. We may be required to share the information with other
government or law enforcement agencies.
Contact Information. For questions about this notice or access to your records, contact the Registrar of
Charitable Trusts, 1300 I Street, Sacramento, CA 95814 at rct@doj.ca.gov or (916) 445-2021.
EXHIBIT C - pg 4
ATTACHMENT TO COMPLAINT TO THE CALIFORNIA ATTORNEY GENERAL REGARDING A CHARITY

KLBP-LPFM, INC. (vs. LBCTMC) filed by Jeanne Kyle Page 1
 KLBP-LPFM was formed by Kenneth Roth in October 2016 in order to feign ownership of an FCC
Construction Permit granted to Long Beach Community Television & Media Corp (“LBCTMC”) on
23Dec2015.
o KLBP-LPFM was created three months after Roth was removed from LBCTMC’s Board of Directors in
July 2016 for cause (misappropriation of charitable assets including cash withdrawn from the corporate
checking account, sole access to the corporate POBox, personal possession of 18 months of corporate
records, and sole access to the organization’s website lbctmc.org which he moved to host on his personal
server). Roth was unable to accept his removal from the Board and has since waged a multi-tiered
campaign of slander against LBCTMC as well as individual Directors and he has been incrementally
attempting appropriation of the FCC permit:
 Exhibit A LBCTMC Board Resolution removing Ken Roth as Director
 Exhibit B LBCTMC Minutes reflecting election of new/current Directors in October 2016
 Exhibit C Articles of Incorporation cover page (“the specific purpose of this corporation is to operate
a low power community radio station”)
 Exhibit D Statement of Information (corporate address provided is the same address Roth used on
FCC application filings (form 318) for LBCTMC in May 2016 and May 2017)
 Exhibit E Facebook page screenshot from August 2017 (“KLBP-LPFM has been granted a low-power
FM radio permit and will serve Long Beach, San Pedro, Wilmington, and Rancho Palos Verdes. Our
stream is already available at klbp.fm.” LBCTMC is the only entity granted a license to serve West
Long Beach, and Catalyst is the only entity licensed to serve East Long Beach and they do not work
with Roth.)
 Exhibit F fccdata.org shows call sign history and other public data related to the FCC Construction
Permit granted to LBCTMC. Since FCC records were frozen in litigation, it still reflects Ken Roth as
President but note comingling of LBCTMC and KLBP-LPFM information. NOTE ORIGINAL CALL SIGN
KLBP-LP 01/26/2016, CHANGED BY ROTH TO KRNF-LP ON 04/03/2017, CHANGED BACK TO KLBP-
LP BY LBCTMC ON 09/13/2017.
o Roth has continued representing himself as the President of LBCTMC (despite being removed in July
2016 (Exhibit A) in order to conduct business as usual in building a radio station under the permit
granted to LBCTMC. Without the permission of the LBCTMC board, he moved the antennae location
further into San Pedro, made several unauthorized changes in the FCC database replacing LBCTMC
information with KLBP-LPFM information (Exhibits G and H), purchased a broadcast antenna (funding
source unknown), created a Facebook page (Exhibit E) and two websites (Exhibits I) using the logo
created by Jeanne Kyle with exclusive usage permission given only to LBCTMC; hosts an audio stream
on the URL klbp.fm (Exhibit I), and changed the call letters in the FCC database to KRNF on April 3rd,
2017 so that it would appear that LBCTMC has nothing to do with KLBP (but LBCTMC was able to
regain their original call letters, KLBP, on September 13, 2017, see Exhibit F).
EXHIBIT C - pg 5

 Monetary losses to LBCTMC include actual funds removed from its corporate bank account, the
debts Roth has incurred and continues to incur whilst masquerading as President of LBCTMC, and
the inability to accept donations or apply for grants whilst in litigation.
o Several transactions initiated by Roth were neither authorized nor explained – these included the
purchase of Tshirts without documentation by invoice or receipt, the purchase of the klbp.fm URL, and
other unexplained PayPal transaction. These total more than $2000
o Roth initiated and continues to run the unauthorized audio stream on klbp.fm at a cost of
approximately $60 per month x 16 months = $960
o Roth’s KLBP-LPFM organization purchased and set up a broadcast antennae on the location identified
in LBCTMC’s FCC application, therefore they need to donate the antennae to LBCTMC or the value of
the antennae, approximately $3000
o LBCTMC needs to raise funds to pay an engineer to evaluate an antennae location that better serves
the Long Beach community ($2400), pay off legal fees ($1300), reimburse out-of-pocket (directors)
costs for equipment storage space ($2,800), cost to build out studio space ($30,000), and (if Roth
persists in fraudulent activity) the cost to file and enforce a temporary restraining order and permanent
injunction (minimum $10,000). Approximate total $46,500
o Total of above four monetary items = $52,460
 Business losses to LBCTMC include:
o The inability to update FCC records due to the accounts being frozen whilst in litigation with Roth has
caused LBCTMC to lose momentum in the radio station construction process. LBCTMC’s most valuable
asset is the low-power FM radio Construction Permit it was granted by the FCC in December 2015 to
allow the creation of a low power radio station for the benefit of the Long Beach community; progress
on this project has been frozen since Roth made claims to the FCC that he continues to be President of
the Board of LBCTMC and claims that all the other Directors on the Board are fraudulent (all corporate
minutes available upon request for review by the Attorney General);
o The inability to compile a complete set of corporate records due to Roth holding all corporate records
from the last 12 months of his Presidency hostage at his personal residence;
o Damage to the brand due to market confusion caused by Roth’s fraudulent use of the call letters and
copyrighted logo as well as holding the corporate website (lbctmc.org) hostage;
o Damage to the reputation of the corporation due to Roth’s 16-month misinformation campaign waged
via public media (i.e., https://lbpost.com/news/2000011153-op-ed-titanic-flaws-may-sink-lb-radio-
project and https://lbpost.com/news/2000009320-power-struggle-threatens-low-power-fm-license-of-
klbp ), public speeches, and damning communications to broadcast professionals and agencies (FCC,
broadcast consultants, and others);
o Damage to the reputation of corporate directors caused by public slander and misinformation
communicated by Roth in public speeches, published editorials and two malicious lawsuits filed against
individual Directors (Civil case # NC060746 filed in Long Beach court on July 26, 2016 / dismissed in
March 2017, and Civil case # BC656352 filed in LA Central court on April 4, 2017 / dismissed 27
October 2017);
o The actual monetary costs of these damages are incalculable, but could potentially destroy
LBCTMC and its public benefit project as well as damage the ability of individual directors to
participate in other public benefit projects.
EXHIBIT C - pg 6

FURTHER DETAILS REGARDING ROTH REMOVAL FROM BOARD FOR CAUSE
 Between May and June 2016, Mr. Roth transferred $2400 from LBCTMC’s checking account to his personal
PayPal account (about 85% of the balance of the corporation’s checking account)
 Between April and June 2016 (and possibly going forward), Roth received membership dues and revenue
from T-shirt sales into his personal PayPal account
 Between May and June 2016 Roth attempted an ouster of all six other longstanding board members
except himself. The terms dictated by Roth (then President) for their remaining on the board (attendance
at the May and June 2016 membership meetings and payment of $50 membership dues) were met by all
except one director, who was removed at the June meeting, and one other director stepped down as a
concession at the May meeting. Elections were held and the membership voted to keep the other five
longstanding board members and add three new directors, increasing the number of directors from seven
to nine.
 Due to the above-mentioned misappropriation of money along with: 1) Roth’s verbal and written
intimidation of several members (some documentation available); 2) his refusal (after numerous requests)
to return more than 500 printed project Tshirts; 3) his refusal to grant access to any other board members
to the linked PayPal account; 4) his refusal to provide a copy of the key to the POBox receiving corporate
mail; and 4) his refusal to return the corporate physical records which he was holding; therefore, on July
18, 2016, six of nine board members voted a resolution to remove Roth as President and then further to
remove him along with his two supporting board members (John Trapper and David Brown) from the
Board of Directors. (Exhibit A)
FURTHER DETAILS REGARDING LITIGATION
 July 26, 2016, Roth worked behind the scenes with John Trapper (another ousted board member) to file a
complaint in Long Beach civil court against the six directors who voted them off, claiming they were a
“rogue group” that held illegal elections (Exhibit J). LBCTMC filed a countersuit.
 March 2017 John Trapper’s complaint and LBCTMC’s countersuit are dismissed with agreement between
John Trapper and defendants (Exhibit K).
 April 4, 2017 One week later, Roth files another almost identical complaint in Los Angeles Central civil
court against seven current Directors and one past Director (Exhibit L).
 October 27, 2017 Judge dismisses Roth’s complaint (Exhibits M(a) and M(b).
EXHIBIT C - pg 7

EXHIBIT A
Board Resolution removing Kenneth Roth
EXHIBIT C - pg 8

EXHIBIT B
LBCTMC Minutes of meeting electing new/current Board of Directors, page 1
EXHIBIT C - pg 9

EXHIBIT B
LBCTMC Minutes of meeting electing new/current Board of Directors, page 2
EXHIBIT C - pg 10

EXHIBIT C
Articles of Incorporation cover page
EXHIBIT C - pg 11

EXHIBIT D
Statement of Information
EXHIBIT C - pg 12

EXHIBIT E
Facebook page screenshot, August 2017
EXHIBIT C - pg 13

EXHIBIT F
Call sign history
EXHIBIT C - pg 14

EXHIBIT G
FCC application form 318, May 2016
EXHIBIT C - pg 15

EXHIBIT H
FCC application form 318, May 2017, page 1
EXHIBIT C - pg 16

EXHIBIT H
FCC application form 318, May 2017, page 4
EXHIBIT C - pg 17

EXHIBIT I
lbctmc.org and klbp.fm websites using Jeanne Kyle logo created for LBCTMC
EXHIBIT C - pg 18

EXHIBIT J
Civil Case No. NC060746 page 1
EXHIBIT C - pg 19

EXHIBIT J
Civil Case No. NC060746 page 5
EXHIBIT C - pg 20

EXHIBIT K
NC060746 Dismissal
EXHIBIT C - pg 21

EXHIBIT L
Civil Case No. BC656352 page 1
EXHIBIT C - pg 22

EXHIBIT M(a)
BC656352 Dismissal (Notice of Ruling, tentative ruling adopted, filed Nov 03 2017)
EXHIBIT C - pg 23

EXHIBIT M(b)
BC656352 Dismissal (tentative ruling on demurrer, heard on Oct 27 2017)
EXHIBIT D - pg 1
EXHIBIT 2
Long Beach Community Television and Media Corporation (LBCTMC)

Board change since FCC construction permit granted on 23 December 2015
December 2015 %votes Status December 2017 %votes % original % new

Ken Roth¹ 14.286% Removed¹ Ashley Aguirre⁵ 14.286% 42.857% 57.143%
John Trapper² 14.286% Removed² Jordan Fitzpatrick⁶ 14.286%
Mickey Gonzalez³ 14.286% Resigned³ Doug Wood⁷ 14.286%
Liza Mitchell⁴ 14.286% Removed⁷ Jeanne Kyle⁸ 14.286%
Judy Baker 14.286% Continue Judy Baker 14.286%
Mony Sing 14.286% Continue Mony Sing 14.286%
Alex Thong 14.286% Continue Alex Thong 14.286%
* As of 15 May 2017
¹ Ken Roth was removed from the Board of Directors by a Board Resolution (passed 6 to 3 out of 9) on 18 July 2016
² John Trapper was removed from the Board of Directors by a Board Resolution (passed 6 to 3 out of 9) on 18 July 2016
³ Mickey Gonzalez resigned from the Board of Directors effective 21 May 2016
⁴ Liza Mitchell was removed from Board due to emergency relocation out of state effective 03 December 2017
⁵ Ashley Aguirre was elected to the Board on 25 June 2016
⁶ Jordan Fitzpatrick was elected to the Board on 22 October 2016
⁷ Doug Wood was elected to the Board on 25 June 2016
⁸ Jeanne Kyle was elected to the Board on 22 October 2016
EXHIBIT D - pg 2
EXHIBIT E
EXHIBIT E - pg 1
EXHIBIT E - pg 2
EXHIBIT F - pg 1
EXHIBIT F - pg 2
EXHIBIT F - pg 3
EXHIBIT G - pg 1
EXHIBIT G - pg 6

Reply To Petition To Deny - Redacted

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1 Long Beach Community Television & Media Corporation

By Ashley Aguirre, President

6 BEFORE THE FEDERAL COMMUNICATIONS COMMISSION

11 LBCTMC REPLY TO KENNETH ROTH

17 PTD PAGE 1 PARAGRAPHS 2 AND 4

LBCTMC REPLY TO KENNETH ROTH PETITION TO DENY – 1

11 modification toward his own personal benefit in May 2016.

15 Permit granted to LBCTMC (Exhibit C).

16 PTD PAGE 2 PARAGRAPH 1

19 PTD PAGE 2 PARAGRAPH 2

24 were granted by the FCC (Exhibit A and Exhibit D).

25 PTD PAGE 2 PARAGRAPH 3

LBCTMC REPLY TO KENNETH ROTH PETITION TO DENY – 2

4 PTD PAGE 2 PARAGRAPHS 4 & 5

17 PTD PAGE 3 PARAGRAPHS 1 AND 2

23 was moderated, recorded, and notarized.

LBCTMC REPLY TO KENNETH ROTH PETITION TO DENY – 3

12 majority (six out of nine) directors were in attendance.

13 PTD PAGE 3 PARAGRAPHS 3, 4 AND 5

LBCTMC REPLY TO KENNETH ROTH PETITION TO DENY – 4

7 resources on a matter of this small magnitude.

14 Thank you for your attention to this matter.

16 Dated this 29th day of January, 2018

LBCTMC REPLY TO KENNETH ROTH PETITION TO DENY – 5

1906 E. Anaheim Street

Ms. Marlene H. Dortch, Secretary

Attn: Audio Division, Media Bureau

RE: KLBP-LP (Facility ID No. 195312) Long Beach, California

Dear Ms. Dortch:

Ms. Marlene Dortch Page 2 15 December 2017

Please contact the undersigned with any questions.

Jeanne Kyle, Secretary

cc: Michael Wagner, Esq., FCC (michael.wagner@fcc.gov)

Los Angeles Superior Court dismissal of Case No. NC060746

Kenneth Roth Petition for Reconsideration (pages 1-26 of 104)

June 20, 2017

In the matter of: )

Petition for Reconsideration

Kenneth Roth, PhD (“Petitioner”), in capacity as a duly-seated officer of Long Beach

Petition for Reconsideration

Petition for Reconsideration

Petition for Reconsideration

Executed on this 20th day of June, 2017.

Cc: Marlene H. Dortch, Office of the Secretary, Federal Communications Commission

Original FRN request Exhibit 1

Plaintiff’s Complaint Exhibit 2

Amicus Brief in support of Plaintiff’s Complaint Exhibit 3

Organization formation, revocation, reinstatement Exhibit 4

Repeated records request Exhibit 5

California Corporation Code, Article 3, Sections 6330-6338, Right of

California Corporation Code, Sections 5220-5223, Removal of

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