FCC Nixes Appeal Of WIOO Changes, LPFM Denial, Won't Grant Mattoon Waiver For EMF Translator Move

No, No, No, No, No

The FCC has dismissed RADIO ONE's applications for review of the grant of modified facilities for its News-Talk WOLB-A/BALTIMORE and the subsequent grant nunc pro tunc of modified facilities and a frequency change for WIOO RADIO Classic Country WIOO-A (COUNTRY GOLD FM AND AM)/CARLISLE, PA.  WIOO had applied for its changes first but was dismissed for conflict with WOLB, and then WOLB's initial application for modified facilites was granted, which allowed WIOO to get its application to move to 1010 AM (co-channel with WOLB) with 5 kw daytime and 60 watts at night reinstated nunc pro tunc.  WOLB then applied for a power increase at its new location but the Commission rejected the plan due to overlap with WIOO's new permit.  RADIO ONE went to the Commission to get reconsideration of the initial WOLB grant but was turned down, and the present appeal of that denial has been dismissed.  RADIO ONE also appealed the grant of the WIOO application, and came to a similar fate.

The FCC has also denied PEOPLE OF PROGRESS, INC.'s application for review of the dismissal of its application for a new low power FM at REDDING, CA.  The bid was denied for failure to meet minimum spacing requirements.  The applicant's appeal asked for the ability to refile with proper requests for waivers of the spacing requirements, but the FCC, unlike its policy for translator applications, does not allow for curative amendments to defective low power FM applications.

The Commission has denied a "MATTOON waiver" for EDUCATIONAL MEDIA FOUNDATION to allow a proposed move of W267AT/SHERBURNE, NY to ONEONTA, NY, prohibited as a "minor change" under the rules because the existing and proposed 60 dBu contours do not overlap.  The waivers are reserved for translators that will rebroadcast AM stations, and EMF's proposal was for a translator that rebroadcasts an FM; EMF contended that the move would be in the public interest.

JNE INVESTMENTS, INC.'s application for review of the denial of its application for a new AM at BETHEL, MN and the grant of a mutually exclusive new AM to LANGER BROADCASTING GROUP, LLC at CHANHASSEN, MN was dismissed as untimely.  JNE had contended that its counsel was not sent the decision until four months after release as demonstrated by a postmark, which the FCC could not explain, but the Commission said that the parties were given ample public notice.

And the Commission denied applications for review of the appeals of the STATE OF OREGON ACTING BY AND THROUGH THE STATE BOARD OF HIGHER EDUCATION FOR THE BENEFIT OF SOUTHERN OREGON UNIVERSITY of the grant of a move by AIREN BROADCASTING COMPANY of its KZCC (now Hot AC KBAE (95.5 THE BAY)) from MCCLOUD to TRINIDAD, CA, forcing OREGON's News-Talk-Classical KNHT (JEFFERSON PUBLIC RADIO)/RIO DELL, CA to change channels.

The appeal by SILVER FISH BROADCASTING of the deletion of its license for WTTT/STRATFORD, NH due to the station being silent for more than a year was denied by the Commission.  The station lost its site due to a foreclosure, but the Commission noted that the licensee was not impeded from operating the station before the foreclosure.

The Commission denied the application for review by the Estate of LINDA WARE, CYNTHIA RAMAGE (KZPO/LINDSAY, CA), Executor; the Estate of H.L. CHARLES, ROBERT WILLING, Executor (KZPE/FORD CITY, CA); and WILLIAM L. ZAWILA (KNGS/COALINGA, CA) of the denial of their attempts to sell their stations to LAZER BROADCASTING CO. under the minority distress sale policy.  The stations' licenses had been designated for hearing for revocation, but the sales were denied due to the "red light" policy because of non-payment of regulatory fees.  The petitioners contended that they never got the Red Light letters from the Commission because the letters had been incorrectly addressed, but besides noting that the argument had already been raised and rejected, the FCC added that the addresses in the FCC's system were partial and incomplete but that it is the licensees' responsibility to keep that information current.

But the Commission reinstated the applications for new noncommercial educational stations by ROMAN CATHOLIC DIOCESE OF PORTLAND, MAINE (SCARBOROUGH, ME), NEW HAMPSHIRE PUBLIC RADIO, INC. (HOLDERNESS, NH), UNIVERSITY OF MASSACHUSETTS (GLOUCESTER, MA), and PLUS CHARITIES (COGGON, IA) because of an ambiguity in its own instructions that led to incorrect coordinates in the Tech Box of the applications.

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