FCC Denies ASCAP Appeal Of Pandora's KXMZ/Box Elder, SD Purchase

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The FCC has denied ASCAP's Petition for Reconsideration of the grant of PANDORA RADIO's purchase of Hot AC KXMZ (HITS 102.7)/BOX ELDER-RAPID CITY, SD from CONNOISSEUR MEDIA for $600,000 and the declaratory ruling that allowed PANDORA to own the station despite the potential for exceeding the 25% foreign ownership limit due to widely-dispersed investment funds holding stock in the parent company. 

The Commission found that ASCAP's standing to intervene in the matter was too remote and any injury would be speculative, and that PANDORA's hope to lower its royalty rate by owning a station was not a matter for the FCC to consider.

The Commission has also denied ED STOLZ's ROYCE INTERNATIONAL BROADCASTING CO.'s Petition for Reconsideration of the approval of the 2003 sale of KWOD (now Hot AC KUDL)/SACRAMENTO by ROYCE to ENTERCOM after ROYCE attempted to rescind the deal.  ROYCE contended that a change in ownership limits meant that the sale should have been considered under the new rules, but the Commission noted that grandfathering rules applied.

The FCC affirmed its approval of the sale of KUSF (now Classical KOSC)/SAN FRANCISCO by the UNIV. OF SAN FRANCISCO to the UNIV. OF SOUTHERN CALIFORNIA's CLASSICAL PUBLIC RADIO NETWORK LLC over the Application for Reviews by TED HUDACKO and FRIENDS OF KUSF.  Matters of main studio location and unauthorized transfer of control during a time brokerage period were disposed of in a consent decree.

Also, the Commission again denied 3 DAUGHTERS MEDIA's challenge to the sale of Talk WLNI/LYNCHBURG, VA to CENTENNIAL LICENSING, LLC, rejecting again 3 DAUGHTERS' argument that since WODI-A/BROOKNEAL, VA had gone dark, it should not be counted among stations in the relevant market, and 3 DAUGHTERS' contention that WVBB/ELLISTON-LAFAYETTE should be counted despite its own efforts to initially exclude it. TODAY's ruling reversed the Bureau's failure to consider the issue of Total Line Reporting of simulcasts and attribution of ratings to stations included in the simulcast, but then chose not to override policy of using BIA market data to determine the number of signals in the market, absent abuse of Total Line Reporting.

The grant of a new noncommercial educational FM at DILLON, SC to RADIO TRAINING NETWORK was affirmed over an Application for Review filed by COLUMBUS CLUB OF FLORENCE, CULTURAL RENEWAL RADIO UA, DOWN EAST COMMUNICATIONS, PATHWAY CHRISTIAN ACADEMY, INC., CALVARY CHAPEL MYRTLE BEACH, and SPIRIT BROADCASTING GROUP, INC.

TEXAS GRACE COMMUNICATIONS' Application for Review of the Media Bureau's denial of its motion to file an untimely petition for reconsideration of the expiration of its construction permit for KRZB/ARCHER CITY, RX was denied. TEXAS GRACE claimed that it was late due to a courier service's inability to file on time and its own principal's inability to file online due to a lack of staff to assist him.

HISPANIC BROADCASTING INSTITUTE, INC.'s Application for Review of the denial of reinstatement of its application for a new LPFM in LAWRENCE, MA was dismissed as untimely.

The Commission reviewed LPFM mutually exclusive group 198 in BALTIMORE and has tentatively selected CENTER FOR EMERGING MEDIA, INC., THE BENEDICTINE SOCIETY OF BALTIMORE CITY, and THE UNITED WORKERS ASSOCIATION as time-sharing permittees, rescinding a grant to JOHNS HOPKINS UNIVERSITY.

And the appeals by CHRISTIAN CHARITIES DELIVERANCE CHURCH and BY FAITH MINISTRIES ASSOCIATION (SAYVILLE, NY), ROOFTOP PRODUCTIONS (SEATTLE), and MASSASOIT COMMUNITY COLLEGE (BROCKTON, MA) of the denials of their applications for LPFMs were denied.

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