Judge
Issues Restraining Order vs. former
WCAP's Clark Smidt Lowell radio owners
continue legal dispute over station
operations
A Middlesex County Superior
Court Judge has issued a restraining
order against Andover resident Clark
Smidt the soon-to-be former majority
shareholder of 980AM WCAP radio in
Lowell.
Despite a court agreement between Smidt
(and his former business partner) Colonel
Sam Poulten, giving Poulten control of
station operations in a buyout deal,
Lowell police say they received a call
from someone at WCAP stating that Smidt
had showed up at the station last month
demanding to take control of the station
and issuing threats.
He came in with two thugs,
one source at the station told The Valley
Patriot, Apparently thinking he could
intimidate people and demanding to take
control of station operations claiming he
was still the majority shareholder,
The threat was made when Smidt was
told to leave and that the police would
be called,
Smidt then filed for a restraining order
against Poulten seeking to bar him from
WCAP property so that he could return and
control station operations but, when the
issue went before a Superior Court Judge
it was Smidt who was barred from the
Central Street radio station.
WE COMAND YOU, Clark Smidt,
individually and as a member of Merrimack
Valley Radio, and your agents, attorneys
and councelors, (SIC) and each and every
one of them to remain away from the
subject property located at 243 Central
Street, Lowell Massachusetts until
further order of this Court, the
restraining order states.
The restraining order also says Smidt is
restrained from altering,
disseminating, destroying or transferring
any of the subject radio stations
financial records.
The restraining order was renewed a few
short days later and Smidt is still
barred from the property or making
decisions about the day to day operations
of the station.
All I want to do is run a radio
station, Colonel Sam Poulten told
The Valley Patriot. I am not going to
comment on these distractions. We have a
great new lineup and we are now moving
forward since the departure of Mr. Smidt.
I am not going to comment on any legal
matters other than to say my focus is on
rebuilding this station and making sure
that 980 WCAP is run as smoothly as
possible.
Smidt had filed a court action against
Poulten last year to take full control of
the operations of the station but Poulten
filed his own action asking the court to
order injunctive relief.
Court papers show the Smidt had been
negligent in paying the stations
taxes and the two finally agreed to
settle their dispute out of court with
Poulten buying out Smidt over a period of
unspecified months.
In 2007, Clark Smidt of Andover and Sam
Poulten of Chelmsford bought 980AM WCAP
radio in Lowell from longtime owner
Maurice Cohen. At the time, the two
pledged to expand the reach of the
station and promised to keep the focus of
the station live and local.
Since then the two partners had locked
horns over the direction of the station
and the use of local talent. At the time
Smidt told The Valley Patriot that former
owner Maurice Cohen had brought the two
men together as they had both shared an
interest in purchasing the station.
The two sparring partners eventually
agreed in October of 2011 that the
dispute over controlling the station
would be settled in mediation, but in the
meantime Smidt offered to leave and be
bought out. On October 31st of 2011 the
Federal Communications Commission
approved the transfer of the WCAP
broadcast license to Poulten. The license
must be renewed every five years.
Clark Smidt was contacted by the Valley
Patriot but refused to make a comment
promising to call back with a comment.
The Valley Patriot is still waiting for
that call.