In Article (1-) 9-102 (80), a transmitting utility is defined as a person primarily engaged in the business of:
a. operating a railroad, subway, etc.
b. transmitting communications electrically, electromagnetically, or by light.
c. transmitting goods by pipeline or sewer
d. transmitting or producing and transmitting electricity, steam, gas or water.

Do you think this includes a "radio station"???

According to an "UCC" expert, it does.

According to the Sec. of State it doesn't.

You??

What raises the issue? Is there a filing or perfection issue here?

Ken,

The issue here is likely the proper place for filing the financing statement. A special rule applies for a transmitting utility (see Rev. Art. 1-9-501(b)).

I would be surprised if a radio station fell within the scope of this rule, especially when you consider the reference in 1-9-501(b) to 46 OS Section 17 and the types of entities mentioned there. However, in uncertain cases, it might be prudent to file both with the Oklahoma County Clerk's office and Secretary of State (if they will let you).

We've posted this same question to Cheatam and he is leaning towards the filing of both. The Secretary of State does not recognize it as such because it does not use "right of ways" for its transmission. A 1941 Statute that has a definition of a transmission company does not address either radio or TV(wasn't an issue then). He mentions that the basic problem is that neither definition gives an accurate "test" for deciding what is NOT a transmitting utility.

Needless to say, we're filing both.