Judge: WIBW can continue to broadcast Kansas State football games

MANHATTAN, KANSAS - WIBW 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. <br> <br> The temporary injunction issued Tuesday allows Topeka-based WIBW, owned by Morris Communications of Augusta, Ga., to broadcast the games until Riley County Judge David Stutzman makes a final decision after a trial this fall. <br> <br> In his ruling Tuesday, Stutzman cited an agreement that allows the university radio station, KKSU, to broadcast on the same frequency as WIBW. <br> <br> 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&#39;s final bid was $600,000 a year, about twice what the station had been paying for the rights. <br> <br> Morris 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. <br> <br> 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. <br> <br> Morris 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. <br> <br> Kansas State had argued that it could offer exclusive rights to Mid-America Ag once its sports broadcast agreement with Morris expires this year. <br> <br> But Stutzman found that the agreement with Mid-America Ag didn&#39;t supersede the time-share agreement. <br> <br> ``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,&#39;&#39; Stutzman wrote in his ruling. <br> <br> ``In effect,&#39;&#39; 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.&#39;&#39; <br> <br> Kansas State attorney Richard Seaton said he intended to review the ruling and confer with university officials. <br> <br> ``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,&#39;&#39; Seaton said. <br> <br> Morris attorney Michael Merriam said the issue now is how the two parties can get past the decision and work together again. <br> <br> ``Our relationship with the university does need to be restored,&#39;&#39; Merriam said. ``I hope both sides believe in the good faith of the other.&#39;&#39;