FCC Rejects Two More Appeals
November 6, 2009 at 9:50 AM (PT)
The FCC has rejected JET FUEL BROADCASTING's appeal of a dispositive preference given BOTT COMMUNICATIONS in AM Auction No. 84 for a new AM allocation, with the Commission dismissing JET FUEL's petition as interlocutory. JET FUEL applied for a new AM in ORCHARD HOMES, MT, and BOTT applied for one in BLACK HAWK, SD.
The Commission decided that the BOTT application deserved a preference because BLACK HAWK was more independent of RAPID CITY than ORCHARD HOMES is regarding MISSOULA. JET FUEL's appeal was dismissed as being untimely, since the preference is not a dispositive event triggering a right to appeal.
In addition, the FCC also rejected another appeal by A-O BROADCASTING CORP. of the license expiration and deletion of FM station KTMN/CLOUDCROFT, NM. The station lost its original site and was off the air for more than 12 months, but claimed to have returned for "signal tests" in late 2002, which the Commission staff determined were equipment tests that did not qualify as returning to the air for purposes of maintaining the license. The present appeal was dismissed as repetitive, merely rearguing points that were already dismissed on a previous appeal.