FCC Nixes Another Appeal Of Florida FM CP Cancellation

No, Nyet, Nein

The FCC has once again rejected URBAN ONE BROADCASTING NETWORK, LLC's appeals of the denial of its request to have its construction permit for WURB/CROSS CITY, FL reinstated and tolled; the Commission this time dismissed URBAN ONE's petition for reconsideration of an APRIL 5th decision dismissing and denying an Application for Review of the Media Bureau's MARCH 3rd, 2015 action cancelling the permit.

URBAN ONE acquired the construction permit for the station from ALEX MEDIA, which had won the allocation in FM Auction 91, on MARCH 1st, 2013, with the CP set to expire on JULY 21st, 2014. On MAY 19th, 2014, URBAN ONE applied for a change in the station's class, antenna location, effective radiated power, antenna height and tower height, with the rationale being that it was having difficulties accessing its existing site. SUNCOAST RADIO, INC. filed a petition to deny the changes on the grounds that URBAN ONE failed to comply with the requirement of a National Historic Preservation Act review, and URBAN ONE contended that such a review was unnecessary for a temporary facility/  

On JUNE 23rd, 2014, URBAN ONE filed a tolling request, which was denied on JUNE 25th, the day after its modification application was denied for failing the "slope" requirement for proximity to an airport, thus requiring URBAN ONE to get FAA approval for the tower relocation. URBAN ONE dropped its proposed height to 30 meters to avoid that requirement; the FCC then decided that the argument that the move was "temporary" would undermine licensing policies and rejected URBAN ONE's argument that "special circumstances" justified tolling the CP.

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