FCC Reverses Itself, Allows Applicant To Amend FM CP Application
October 4, 2012 at 11:06 AM (PT)
The FCC has dismissed JACKSONVILLE STATE UNIVERSITY's application for a new noncommercial educational FM at ANNISTON, AL and has reinstated and granted the application of ANNISTON SEVENTH-DAY ADVENTIST CHURCH for the allocation.
The two applicants were among a group of eight mutually exclusive applicants for the ANNISTON station, and ASDA was the initial tentative selectee. JSU filed a petition to deny, saying that the service standard had not been met by ASDA's application because it would serve only 6.8 percent of the population in the service area of its proposed station.
ASDA then appealed, noting that the Commission under its own rules offers tentative selectees one shot at curing problems with an amendment to their applications; JSU argued in response that ASDA didn't deserve a curative opportunity because it failed to meet threshold service requirements and therefore was ineligible to proceed. The Commission, however, agreed with ASDA, reinstated its application nunc pro tunc, and dismissed JSU's application.