Creek Media seeks restraining order against prior owner, Lowell Register

Creek Media LLC, the new owner of Macon’s The Creek 100.9 FM station, is asking a judge to stop one of the station’s previous owners from saying he’s taking control of the station, unplugging equipment and otherwise harassing employees.

A petition filed in Bibb County Superior Court on Monday alleges that Lowell Register, former head of Register Communications, entered the station’s Cherry Street office Aug. 19 and said he was taking control of his former stations, towers and equipment.

A Bibb County Superior Court judge appointed a New York attorney as a receiver — someone to manage Register Communications’ assets — in early 2015 after the company failed to pay about $7.5 million owed in loans, property taxes and payroll taxes owed to the Internal Revenue Service.

In a May 23, 2016, transaction with the receiver, Creek Media bought the Radio Perry and Radio Peach stations WPGA-AM, WNEX-AM and WNEX-FM, and land where Register Communications owned a radio tower, according the the petition. Documents accompanying the petition show Creek Media paid $790,000.

But Lowell Register said Tuesday that the receiver and Green Bull Georgia Partners LLC, the company set up to manage Register Communications, did not have the authority to sell the radio stations.

“The receiver was put in place illegally,” Register said.

Register also denies that he told anyone at The Creek radio station that he was taking control, that he did anything with the station’s equipment or spoke to its employees.

“Everything they have in this suit is an absolute lie,” he said.

Creek Media is operating the three stations under a local management agreement, and ownership will not be complete until it’s approved by the courts, said Wes Griffith, a Creek Media co-owner.

Griffith said he anticipates the sale will be approved soon.

“Lowell Register has continually overstepped the boundaries and limitations imposed on him by the courts in an attempt to undermine our deal with the court-appointed receiver,” he said Tuesday by email. “The time came for us to step in and use whatever remedies (are) available by the law to protect the brand we have built, so we may continue to bring real music and real radio to Central Georgia.”

Register and his wife, Janice Register, objected to Creek Media’s applications with the FCC, including one to prevent the receiver from selling the stations, towers and other property. A judge denied the Registers’ motion seeking to stop the sale, according to the petition.

A federal bankruptcy judge reinstalled the Registers as officers and directors of Register Communications on Aug. 15, according to the petition. The company has a pending Chapter 11 bankruptcy case, according to the petition.

Creek Media contends that the Registers are not officers or directors of “the radio entities.”

The company maintains it was contacted Sept. 6 by someone calling on Lowell Register’s behalf who said he needed to make arrangements to move all radio equipment to Register’s property.

The following day, Creek Media “was informed” that Register had unplugged cables needed for an internet connection and shut down email on at least one computer that contained data “necessary for the function” of the stations. The company also contends that Register began holding checks and mail intended for Creek Media.

Having not received a bill, Creek Media became aware that the power bill for its radio towers had not been paid.

Register also denies he has had anything to do with holding checks or bills for the radio station. He said an unpaid electric bill came in recently and he passed it along to someone in his office, but he didn’t know what property the bill was for.

Creek Media is seeking a temporary protective order and an injunction prohibiting the Registers from taking action to disrupt its business.

A judge issued a temporary protective order Monday and set a hearing for this week to further consider the case.

This story was originally published September 13, 2016 at 1:53 PM with the headline "Creek Media seeks restraining order against prior owner, Lowell Register."