FCC Rejects Challenge To CC/Mobile Upgrade
March 18, 2008 at 10:42 AM (PT)
The FCC rejects BLAKENEY COMMUNICATIONS' petition for reconsideration of the grant of an upgrade to the facility of CLEAR CHANNEL Classic Rock WRKH (96.1 THE ROCKET)/MOBILE.
BLAKENEY, the licensee of Country WBBN (B-95)/TAYLORSVILLE, MS, which sits on the first adjacent frequency to WRKH, claimed that CLEAR CHANNEL failed to timely file a license application to cover the changes under the upgrade permit while BLAKENEY filed a conflicting application in the intervening period. The Commission staff rejected CLEAR CHANNEL's interpretation of the rule that it had 10 days after putting the permit on the air before it needed to file for the license, but approved the two-day-late application anyway, recognizing that the Commission had approved late license applications before.
The Commission rejected BLAKENEY's arguments that there was a question as to whether CLEAR CHANNEL put the permit on the air in time, that the intervening uograde application for WBBN cut off WRKH's later license application, that if the application was acceptable for filing then the ASHBACKER doctrine requires comparative evaluation, or that the expiration of the permit automatically downgraded WRKH to Class C0.
Cumulus/Savannah Fine Upheld
In another FCC ruling, the Commission denied CULMULUS' appeal of a $10,000 fine for antenna cleaning and repair violations at WBMQ-A/SAVANNAH.