Court Rejects ADX Challenge To Grant Of Pamal-EMF-Cumulus Mobile, Pensacola Deals

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An appeals court has rejected ADX COMMUNICATIONS OF PENSACOLA and ADX COMMUNICATIONS OF ESCAMBIA's appeal of the grant of the sale of AC WMEZ (SOFT ROCK 94.1)/PENSACOLA and Country WXBM (102.7 NASH FM)/MILTON, FL by PAMAL's 6 JOHNSON ROAD LICENSES, INC. to CUMULUS, the sale of Top 40 WABD (formerly WLVM)/MOBILE by EDUCATIONAL MEDIA FOUNDATION to CUMULUS, and the Commission's denial of ADX's Application for Review.

The U.S. District Court for the D.C. Circuit affirmed the Commission's grant of the sale, rejecting ADX's contention that the FCC should have deviated from its "bright line" rules on using standard market definitions for purposes of ownership cap determinations and instead should have considered the adjacent MOBILE and PENSACOLA markets as a single market.

Malibu LPFM Rejection Upheld, Appeal In Philly TV-Radio Dispute Nixec

In other Commission actions, the Application for Review filed by MALIBU FM EMERGENCY AND COMMUNITY BROADCASTERS, INC. over the rejection of its application for a new FM at MALIBU, CA was dismissed as procedurally barred for raising issues not presented before, and added that the application would have been dismissed anyway because the applicant was not legally in existence until filing its incorporation paperwork a month after applying for the LPFM.

Also denied was GLOBAL RADIO, LLC's appeal of the denial of its challenge to the digital operations of NBC O&O WCAU-TV (NBC 10) and ABC O&O WPVI-TV (6ABC)/PHILADELPHIA, the tower for which GLOBAL contended caused problems for the directional array of its Ethnic WNWR-A/PHILADELPHIA.

And the Commission declined to reinstate the applications of GREENE/SUMTER
ENTERPRISE COMMUNITY (LIVINGSTON, AL), CEDAR RIDGE FELLOWSHIP OF SEVENTH DAY ADVENTISTS (SHOALS, FL), MARANATHA BROADCASTING MINISTRY, INC. (HOT SPRINGS, AR), SAN BERNARDINO COMMUNITY COLLEGE DISTRICT (BARSTOW, CA), and CROSS OF OUR LORD JESUS CHRIST MINISTRIES (WHITE DEER, TX) for noncommercial educational stations.

Also, INSTITUCION EDUCATIVA BETHEL was granted a construction permit for a new low power FM in OCALA, FL.

And DONALD F. HENDREN's permit for K261EL/MOHAVE VALLEY, AZ was cancelled at the applicant's request.

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