Court Rejects Press Communications Appeal Of FCC Denial Of N.J. Frequency Swap

Denied

PRESS COMMUNICATIONS has lost its appeal to the U.S. Court of Appeals for the DISTRICT OF COLUMBIA Circuit of the FCC's denial of its attempted frequency swap between its Classic Rock WBHX (107.1 THE BOSS, simulcasting WWZY)/TUCKERTON, NJ's 99.7 FM slot with EQUITY COMMUNICATIONS' Top 40/Rhythmic WZBZ (99.3 THE BUZZ)/PLEASANTVILLE-ATLANTIC CITY at 99.3 FM, allowing WBHX to move inland. 

PRESS claimed that the ATLANTIC CITY BOARD OF EDUCATION's license for noncommercial WAJM (JAMMIN' 88.9)/ATLANTIC CITY had lapsed, allowing the swap (which would have been involuntary on EQUITY's part), but the FCC subsequently entered a consent decree that restored and renewed the WAJM license.  WAJM filed its application three weeks after PRESS filed its modification proposal and four years late, but the FCC argued that the Media Bureau still considered WAJM an "operational station" (although unlawfully operating) and that the minimum separation requirements remained in effect throughout.  In addition, while PRESS demonstrated that WZBZ's existing short spacing with BEASLEY AC WJBR/WILMINGTON, DE would not be exacerbated, the FCC treated the situation, in which WZBZ would not be physically moving from its present tower, as impermissible new short spacing.

The court rejected PRESS' argument regarding the WJBR short spacing, saying that even grandfathered stations are subject to the spacing requirements, and thus, the court ruled, the WAJM argument did not need to be addressed.

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