FCC Web Documents citing 73.1150

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2240A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2240A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2240A1.txt
  • FFD. The assignment was consummated on January 4, 2005, and on January 7, 2005, in accordance with the Court-approved APA, FFD filed the subject applications to assign the station licenses to Petracom Holbrook. Konecny objects to the grant of the Assignment Applications, averring that: (1) the proposed assignee has misrepresented its financial qualifications; (2) the proposed assignment may violate Section 73.1150 of the Commission's Rules; and (3) Petracom Holbrook has failed to establish that the proposed assignment complies with the Commission's multiple ownership rules. Discussion Financial Qualifications. In the Assignment Applications Petracom Holbrook certifies that it has sufficient net liquid assets on hand or available from committed sources to consummate the transaction and operate the stations for three months. Konecny asserts
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2308A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2308A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2308A1.txt
  • involuntary assignment of the KTHO(AM) license from Kidd to Alan Slater, Chief Executive Officer/Clerk of the Superior Court of the State of California (``Trustee'') and the subsequent assignment of the KTHO(AM) license from the Trustee to PBI. Kidd asserted that the two previous assignment applications were filed to effectuate a reversionary interest in the station's license in violation of Section 73.1150 of the Commission's rules. On November 16, 2001, Kidd had filed an Application for Review of an October 17, 2001, staff decision that (1) affirmed the August 1, 2001, grant of the previous involuntary assignment of the KTHO(AM) license to the Trustee, and (2) granted the assignment from the Trustee to PBI. Kidd's Petition to Deny argued that grant of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2607A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2607A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2607A1.txt
  • parties filed the subject application seeking Commission consent to assign the license for KFCD(AM) and the permit for KHSE(AM) from DFW Radio to Bernard. The Petitioners object to the grant of the Assignment Application on four grounds. First, the Petitioners allege that the auction sale to DBZ amounts to ``the attempted sanctioning of a reversionary interest'' in violation of Section 73.1150 of the Commission's Rules (the ``Rules''). Second, the Petitioners contend that DBZ prematurely assumed control of the construction of KHSE(AM) in violation of Section 310(d) of the Communications Act of 1934, as amended (the ``Act''). Third, the Petitioners assert that DBZ threatened Schum with legal action when Schum attempted to exercise control over the KHSE(AM) construction, and thus abused the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-503A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-503A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-503A1.txt
  • letter concerns the captioned application filed by International Broadcasting Corp. (``International'') to renew the license of station WGIT(AM), Canovanas, Puerto Rico. Also on file is Joseph Bahr's (``Bahr'')'' February 6, 2004, ``Objection to Application for License Renewal'' (``Objection'') directed to the subject renewal application. For the reasons set forth below, we deny the Objection and grant the renewal application. Section 73.1150(c). WGIT(AM) is an AM expanded band station. Its paired lower band station was WCHQ(AM), Camuy, Puerto Rico. On March 19, 2003 International, filed an assignment application to acquire WGIT(AM) - but not WCHQ(AM) - from Aureo A. Matos and Olga Rosario. As assignee, International certified in Section III, Item 3 of the application that its agreements for the purchase of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-645A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-645A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-645A1.txt
  • WBAU(AM). We have frequently approved similar provisions, and Qantum's speculative anti-competitive allegations have not convinced us to reverse course here. If Cumulus exercises the option, the parties will be required to obtain approval from the Commission. Qantum can raise anti-competitive concerns at that time. We find, however, that Cumulus's right of first refusal to re-acquire WNCV(FM) or WYZB(FM) violates Section 73.1150 of the Commission's rules, which provides that the assignor of a broadcast station license ``may retain . . . no right to reassignment of the license in the future.'' Accordingly, we require the parties to delete the right of first refusal clause before closing. Format Restriction. Section 12.17 of the Agreements prohibits Star and any successor-in-interest from instituting an adult
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3419A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3419A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3419A1.txt
  • - after notice and opportunity for a hearing under Section 309(e) of the Act - or grant the application ``on terms and conditions that are appropriate, including a renewal for a term less than the maximum otherwise permitted.'' We find that the Licensee's apparent violations of Section 1.17 of the Rules, and its established violations of Sections 73.3526, 11.35, and 73.1150 of the Rules, do not, under the circumstances present in this case, themselves constitute ``serious violations'' warranting designation for evidentiary hearing. Although Licensee's stewardship of these stations was not a model to be emulated, the violation of Section 1.17 of the Rules, and the violations of Section 73.3526, 11.35, and 73.1350 of the Rules, as found by the Enforcement Bureau's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3915A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3915A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3915A1.txt
  • that certain asset purchase agreement between CGB and Portland Broadcasting, LLC.'' The Assignment Application was filed with the Commission on February 5, 2007. Cumulus filed its Petition to Deny on March 14, 2007. Discussion. Cumulus opposes grant of the Assignment Application on two grounds. First, Cumulus argues that CGB will retain a reversionary interest in KACI-FM in violation of Section 73.1150 of the Commission's Rules (``Rules''). Second, Cumulus alleges that provisions of the Bicoastal APA run contrary to the core Commission policy of licensee control because, ``in certain critical operational aspects, CGB will continue to determine the fate of KACI [sic] after it has assigned the license for the station to Bicoastal.'' In this regard, Cumulus objects to two provisions of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-5073A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-5073A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-5073A1.txt
  • managed by Stratus, as a condition to its consent to the Exchange Agreement transaction. Discussion. Midwest opposes grant of the Assignment Application on three grounds. First, Midwest argues that the Assignment Application violates Section 73.3518 of the Commission's Rules (the ``Rules'') as an inconsistent and conflicting application. Second, Midwest asserts that the proposed assignment to the divestiture trust violates Section 73.1150 of the Rules and is a sham transaction. Finally, Midwest asserts that Stratus ``improperly certified in the affirmative to Question 6.c.3 of Section III [of the Assignment Application] regarding the insulation of non-party investors.'' Inconsistent Application. Midwest argues that the simultaneously pending applications to assign the Station from Clear Channel to Cumulus, and then from Cumulus to Stratus, are conflicting,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-483A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-483A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-483A1.txt
  • that Nexstar's website commingles all of the Nexstar and Mission stations, without distinguishing which stations are owned by Mission. Ft. Smith 46 further states the opposition raises for the first time each station's plan to duplicate its programming on the second digital channel of the other, which it alleges constitutes both a prohibited reservation of time in violation of Section 73.1150 of the Commission's rules, as well as an attributable local marketing agreement. Ft. Smith 46 concludes that, if the Commission chooses not to dismiss or designate the application for hearing on the basis of their alleged violation of Section 73.3555(b) of the Commission's rules, it ``would be arbitrary and capricious for the Commission to grant the application without at a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-242A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-242A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-242A1.txt
  • agreements that restrict or impede their ability to retain control over programming pursuant to Section 310(d) of the Act, i.e., licensees may not be ``forced into an ongoing and indefinite affiliation with [a program supplier].'' Accordingly, we find that the term of the Affiliation Agreements is in conflict with Section 310(d) of the Act and unenforceable. Impermissible Reversionary Interest. Section 73.1150(a) of the Rules states that "[i]n transferring a broadcast station, the licensee . . . may not reserve the right to use the facilities of the station for any period whatsoever." When Lesso's licenses were assigned to Great Empire Broadcasting, Inc., Lawrence Steckline was a principal both of the licensee, Lesso, and of Mid-America Ag Network, Inc., the owner of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1226A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1226A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1226A1.txt
  • Trust Agreement'') submitted with the 2010 Assignment Application states that ``the Trustee may [rather than ``shall''] . . . assign and otherwise convey the Station . . . to Citadel'' (emphasis added). In the 2010 Petition, Petitioners argue that approval of the 2010 Assignment Application would, in effect, give Citadel a reversionary interest in the Station in violation of Section 73.1150 of the Commission's Rules (the ``Rules''). Petitioners also argue that grant of the 2010 Assignment Application would be inconsistent with the Citadel Divestiture Trust Order, which ``strongly encouraged'' the Trust to market the stations to an ``eligible entity.'' In the 2010 Trust Opposition, the Trustee argues that the ``reversionary interest rule'' does not apply to ``divestiture trusts.'' In the 2010
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1333A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1333A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1333A1.txt
  • rule identifies Part K as the part of the rules which sets forth restrictions on the assignment or transfer of licenses awarded pursuant to noncommercial educational comparative procedures. Need: This rule is unnecessary. The applicability of the Part K rules and their requirements are clearly set forth therein. Legal Basis: 47 U.S.C. 154, 303 and 309 Section Number and Title: 73.1150(d) Transferring a station. Brief Description: This rule provides the maximum level that may be exceed by the carrier frequency of a station in the Class A Television Service. Need: This rule is necessary so that parties seeking to construct stations in the Class A Television Service may specify their proposed facilities and the Commission staff review such facilities before granting
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1546A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1546A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1546A1.txt
  • two stations that the Consent Decree provides will be assigned to Potential Broadcasting. Also, the Trust Agreements provide that CMI or Citadel may re-acquire one or more stations in trust if the Trustee determines there has been a change in circumstances that permits such ownership under applicable Commission rules and policies. We find that this provision does not violate Section 73.1150 of our Rules because it is based on the Trustee's independent assessment and decision. See 47 C.F.R. § 73.1150. (Continued from previous page) (continued . . .) Federal Communications Commission DA 11-1546 Federal Communications Commission DA 11-1546 ' C E N ` b i s ... † ¦ " % ' D E ‡ ˆ ¦ § ¨ (c) ª
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-463A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-463A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-463A1.txt
  • e.g., Enforcement Bureau Field Operations List of Actions Taken, Public Notice, 16 FCC Rcd 8708, 8712 (EB 2001) (Notice of Violation issued to the Station on March 29, 2001, for violations of 47 C.F.R. §§ 17.4(a) (antenna structure registration); 17.51 (time when lights should be exhibited); 73.49 (AM transmission system fencing requirements); 73.1125 (station main studio location); 73.1201 (station identification); 73.1150 (transmission system operation), 73.1560 (operating power and mode tolerances); 73.1745 (unauthorized operation); 73.1820 (station log); and 73.3526 (contents of public inspection file for commercial stations); Enforcement Bureau Field Operation List of Actions Taken, Public Notice, 16 FCC Rcd 21310, 21310 (EB 2001) ($20,000 Notice of Apparent Liability issued to CWH for violation of 47 C.F.R. §§ 17.4(a) (antenna structure registration);
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  • Executive Officer/Clerk of the Superior Court of the State of California (``Trustee''). The Staff Decision also granted the assignment of the KTHO(AM) license from the Trustee to Paradise Broadcasting, Inc. (``PBI''). In contesting both assignments, Kidd raised a single issue: whether the subject assignment applications were filed to effectuate a reversionary interest in the station's license in violation of Section 73.1150 of the Commission's rules. We find no error in the Staff Decision and deny the Application for Review. 2. Background. On July 10, 1995, the Commission granted an assignment of license of KTHO(AM) from PBI to Kidd. As consideration for the sale of the station, Kidd had executed a promissory note (``Original Note'') which stated that, as security, Kidd ``pledges
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-121A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-121A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-121A1.txt
  • 2003 and April 2, 2003, respectively. The Bureau similarly granted, with the same condition, the unopposed applications to assign the licenses of WMPX(TV), Waterville, Maine, and WPXO(TV), Christiansted, Virgin Islands, from Paxson subsidiaries to CMCG Portland License, LLC. File Nos. BALCT-20021126ABH and BALCT-20021126ABL. 47 C.F.R. §§ 73.658(e), 73.658(d), and 73.624. The Petitioner also alleged that the Station Agreement violated Section 73.1150(a) of the Commission's rules, which prohibits an assignor from retaining a reversionary interest in a license. 47 C.F.R. § 73.1150(a). The staff resolved this issue in the Grant Letter, finding that the Petitioner had failed to raise a substantial and material question of fact regarding whether Paxson held a ``level of influence or control over CNI sufficient to consider the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-3A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-3A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-3A1.txt
  • explained by CCC in its opposition, Goodrich initially held the license for WMHG and obtained a construction permit for a paired expanded band station at 1680 KHz (which subsequently received the call sign WDSS(AM)). In August 1999, Goodrich assigned the license for WMHG to Connoisseur Communications of Muskegon, L.P. (``Connoisseur''), while retaining ownership of WDSS(AM), in apparent violation of Section 73.1150(c) of the Rules. In 2000, Goodrich filed a request for nunc pro tunc waiver that would retroactively excuse Goodrich's apparent breach of Section 73.1150(c) of the Rules and allow Goodrich to continue owning and operating the AM expanded band station separately from its standard band companion. By this time, Cumulus Licensing, LLC had acquired the license for WMHG from Connoisseur
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • prior consent of the Commission (pursuant to 47 U.S.C. §310(d)) will be obtained? G Yes G No If the answer to either (a), (b), or (c) is "No," the applicant must mark "No" to Section II, Item 4.a.4. and submit an exhibit providing all details of the stock pledge agreement and demonstrating how the agreement is not violative of Section 73.1150 and Commission precedent. 4. If the agreements contain provisions relating to the acquisition of non-voting stock interests, beneficial stock interests, warrants, debentures convertible into voting or non-voting stock, (a) would the exercise of those interests, individually or in the aggregate, effectuate a positive or negative transfer of control of the applicant/applicant? G Yes G No If yes, the agreements must
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.txt
  • noncommercial educational broadcasting upon demonstrating that the noncommercial educational proponent would provide a first or second noncommercial educational TV service to 2,000 or more people who constitute 10% of the population within the proposed allocation's noise limited contour. Stations operating on DTV allotments designated with a ``c'' are required to comply with paragraph (g) of this section. ***** 8. Section 73.1150 is amended by adding a new paragraph (d) to read as follows: § 73.1150 Transferring a station ***** (d) Authorizations awarded pursuant to the noncommercial educational point system in Subpart K are subject to the holding period in Section 73.7005. Applications for an assignment or transfer filed prior to the end of the holding period must demonstrate the factors enumerated
• http://transition.fcc.gov/fcc-bin/audio/DA-11-1546A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-11-1546A1.pdf
  • two stations that the Consent Decree provides will be assigned to Potential Broadcasting. Also, the Trust Agreements provide that CMI or Citadel may re-acquire one or more stations in trust if the Trustee determines there has been a change in circumstances that permits such ownership under applicable Commission rules and policies. We find that this provision does not violate Section 73.1150 of our Rules because it is based on the Trustee's independent assessment and decision. See 47 C.F.R. § 73.1150. (Continued from previous page) (continued . . .) Federal Communications Commission DA 11-1546 Federal Communications Commission DA 11-1546 ' C E N ` b i s ... † ¦ " % ' D E ‡ ˆ ¦ § ¨ (c) ª
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • [438]TEXT [439]PDF 73.1001 Scope. [440]TEXT [441]PDF 73.1010 Cross reference to rules in other parts. [442]TEXT [443]PDF 73.1015 Truthful written statements and responses to Commission inquiries and correspondence. [444]TEXT [445]PDF 73.1020 Station license period. [446]TEXT [447]PDF 73.1030 Notifications concerning interference to radio astronomy, research and receiving installations. [448]TEXT [449]PDF 73.1120 Station location. [450]TEXT [451]PDF 73.1125 Station main studio location. [452]TEXT [453]PDF 73.1150 Transferring a station. [454]TEXT [455]PDF 73.1201 Station identification. [456]TEXT [457]PDF 73.1202 Retention of letters received from the public. [458]TEXT [459]PDF 73.1206 Broadcast of telephone conversations. [460]TEXT [461]PDF 73.1207 Rebroadcasts. [462]TEXT [463]PDF 73.1208 Broadcast of taped, filmed, or recorded material. [464]TEXT [465]PDF 73.1209 References to time. [466]TEXT [467]PDF 73.1210 TV/FM dual-language broadcasting in Puerto Rico. [468]TEXT [469]PDF 73.1211 Broadcast of lottery
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • prior consent of the Commission (pursuant to 47 U.S.C. §310(d)) will be obtained? G Yes G No If the answer to either (a), (b), or (c) is "No," the applicant must mark "No" to Section II, Item 4.a.4. and submit an exhibit providing all details of the stock pledge agreement and demonstrating how the agreement is not violative of Section 73.1150 and Commission precedent. 4. If the agreements contain provisions relating to the acquisition of non-voting stock interests, beneficial stock interests, warrants, debentures convertible into voting or non-voting stock, (a) would the exercise of those interests, individually or in the aggregate, effectuate a positive or negative transfer of control of the applicant/applicant? G Yes G No If yes, the agreements must
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.txt
  • noncommercial educational broadcasting upon demonstrating that the noncommercial educational proponent would provide a first or second noncommercial educational TV service to 2,000 or more people who constitute 10% of the population within the proposed allocation's noise limited contour. Stations operating on DTV allotments designated with a ``c'' are required to comply with paragraph (g) of this section. ***** 8. Section 73.1150 is amended by adding a new paragraph (d) to read as follows: § 73.1150 Transferring a station ***** (d) Authorizations awarded pursuant to the noncommercial educational point system in Subpart K are subject to the holding period in Section 73.7005. Applications for an assignment or transfer filed prior to the end of the holding period must demonstrate the factors enumerated
• http://www.fcc.gov/Forms/Form301/301.pdf
  • or private sale, prior consent of the Commission (pursuant to 47 U.S.C. §310(d)) will be obtained? Yes No If the answer to (a), (b), or (c) is ''No,'' the applicant must mark ''No'' to Section II, Item 4c and submit an exhibit providing all details of the stock pledge agreement and demonstrating how the agreement is not violative of Section 73.1150 and Commission precedent. FCC 301 Worksheet 2 (Page 10) Do the agreements contain a stock pledge? 4. If the agreements contain provisions relating to the acquisition of non-voting stock interests, beneficial stock interests, warrants, debentures convertible into voting or non-voting stock, would the exercise of those interests, individually or in the aggregate, effectuate a positive or negative transfer of control
• http://www.fcc.gov/Forms/Form314/314.pdf
  • address the following, questions. Does the assignee/applicant have either an application, a construction permit, or a license for a station in the expanded band AM band (1605-1705 KHz)? a. If ''Yes,'' do the agreements for the sale of the station(s) to be assigned maintain the common ownership of the expanded-band and related existing-band authorization as required by 47 C.F.R. Section 73.1150(c)? b. If the answer to Question 5b is ''No,'' the proposed assignment may violate Section 73.1150(c). The applicant therefore must mark ''No'' to Section III, Item 6b, and submit an explanatory exhibit detailing how the proposed transaction complies with the rule or requesting and justifying a waiver. FCC 314 Worksheet 3 (Page 4) ... ... AM3 - transmitter 95 km
• http://www.fcc.gov/Forms/Form315/315.pdf
  • following questions. a. Does the transferee have either an application, a construction permit, or a license for a station in the expanded AM band (1605-1705 KHz)? Yes No b. If ''Yes,'' do the agreements for the sale of the station(s) to be transferred maintain the common ownership of the expanded-band and related existing-band authorization as required by 47 C.F.R. Section 73.1150(c) Yes If the answer to Question 5b is ''No,'' the proposed transfer may violate Section 73.1150(c). The applicant therefore must mark ''No'' to Section IV, Item 8b, and submit an explanatory exhibit detailing how the proposed transaction complies with the rule or requesting and justifying a waiver. FCC 3 15 Worksheet 3 (Page 4) No FCC 3 15 Worksheet 3
• http://www.fcc.gov/fcc-bin/audio/DA-06-2607A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-2607A1.pdf
  • parties filed the subject application seeking Commission consent to assign the license for KFCD(AM) and the permit for KHSE(AM) from DFW Radio to Bernard. The Petitioners object to the grant of the Assignment Application on four grounds. First, the Petitioners allege that the auction sale to DBZ amounts to ``the attempted sanctioning of a reversionary interest'' in violation of Section 73.1150 of the Commission's Rules (the ``Rules''). Second, the Petitioners contend that DBZ prematurely assumed control of the construction of KHSE(AM) in violation of Section 310(d) of the Communications Act of 1934, as amended (the ``Act''). Third, the Petitioners assert that DBZ threatened Schum with legal action when Schum attempted to exercise control over the KHSE(AM) construction, and thus abused the
• http://www.fcc.gov/fcc-bin/audio/DA-06-503A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-503A1.pdf
  • letter concerns the captioned application filed by International Broadcasting Corp. (``International'') to renew the license of station WGIT(AM), Canovanas, Puerto Rico. Also on file is Joseph Bahr's (``Bahr'')'' February 6, 2004, ``Objection to Application for License Renewal'' (``Objection'') directed to the subject renewal application. For the reasons set forth below, we deny the Objection and grant the renewal application. Section 73.1150(c). WGIT(AM) is an AM expanded band station. Its paired lower band station was WCHQ(AM), Camuy, Puerto Rico. On March 19, 2003 International, filed an assignment application to acquire WGIT(AM) - but not WCHQ(AM) - from Aureo A. Matos and Olga Rosario. As assignee, International certified in Section III, Item 3 of the application that its agreements for the purchase of
• http://www.fcc.gov/fcc-bin/audio/DA-06-645A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-645A1.pdf
  • WBAU(AM). We have frequently approved similar provisions, and Qantum's speculative anti-competitive allegations have not convinced us to reverse course here. If Cumulus exercises the option, the parties will be required to obtain approval from the Commission. Qantum can raise anti-competitive concerns at that time. We find, however, that Cumulus's right of first refusal to re-acquire WNCV(FM) or WYZB(FM) violates Section 73.1150 of the Commission's rules, which provides that the assignor of a broadcast station license ``may retain . . . no right to reassignment of the license in the future.'' Accordingly, we require the parties to delete the right of first refusal clause before closing. Format Restriction. Section 12.17 of the Agreements prohibits Star and any successor-in-interest from instituting an adult
• http://www.fcc.gov/fcc-bin/audio/DA-07-3419A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3419A1.pdf
  • - after notice and opportunity for a hearing under Section 309(e) of the Act - or grant the application ``on terms and conditions that are appropriate, including a renewal for a term less than the maximum otherwise permitted.'' We find that the Licensee's apparent violations of Section 1.17 of the Rules, and its established violations of Sections 73.3526, 11.35, and 73.1150 of the Rules, do not, under the circumstances present in this case, themselves constitute ``serious violations'' warranting designation for evidentiary hearing. Although Licensee's stewardship of these stations was not a model to be emulated, the violation of Section 1.17 of the Rules, and the violations of Section 73.3526, 11.35, and 73.1350 of the Rules, as found by the Enforcement Bureau's
• http://www.fcc.gov/fcc-bin/audio/DA-07-3915A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3915A1.pdf
  • that certain asset purchase agreement between CGB and Portland Broadcasting, LLC.'' The Assignment Application was filed with the Commission on February 5, 2007. Cumulus filed its Petition to Deny on March 14, 2007. Discussion. Cumulus opposes grant of the Assignment Application on two grounds. First, Cumulus argues that CGB will retain a reversionary interest in KACI-FM in violation of Section 73.1150 of the Commission's Rules (``Rules''). Second, Cumulus alleges that provisions of the Bicoastal APA run contrary to the core Commission policy of licensee control because, ``in certain critical operational aspects, CGB will continue to determine the fate of KACI [sic] after it has assigned the license for the station to Bicoastal.'' In this regard, Cumulus objects to two provisions of
• http://www.fcc.gov/fcc-bin/audio/DA-07-5073A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-5073A1.pdf
  • managed by Stratus, as a condition to its consent to the Exchange Agreement transaction. Discussion. Midwest opposes grant of the Assignment Application on three grounds. First, Midwest argues that the Assignment Application violates Section 73.3518 of the Commission's Rules (the ``Rules'') as an inconsistent and conflicting application. Second, Midwest asserts that the proposed assignment to the divestiture trust violates Section 73.1150 of the Rules and is a sham transaction. Finally, Midwest asserts that Stratus ``improperly certified in the affirmative to Question 6.c.3 of Section III [of the Assignment Application] regarding the insulation of non-party investors.'' Inconsistent Application. Midwest argues that the simultaneously pending applications to assign the Station from Clear Channel to Cumulus, and then from Cumulus to Stratus, are conflicting,
• http://www.fcc.gov/fcc-bin/audio/DA-10-242A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-242A1.pdf
  • agreements that restrict or impede their ability to retain control over programming pursuant to Section 310(d) of the Act, i.e., licensees may not be ``forced into an ongoing and indefinite affiliation with [a program supplier].'' Accordingly, we find that the term of the Affiliation Agreements is in conflict with Section 310(d) of the Act and unenforceable. Impermissible Reversionary Interest. Section 73.1150(a) of the Rules states that "[i]n transferring a broadcast station, the licensee . . . may not reserve the right to use the facilities of the station for any period whatsoever." When Lesso's licenses were assigned to Great Empire Broadcasting, Inc., Lawrence Steckline was a principal both of the licensee, Lesso, and of Mid-America Ag Network, Inc., the owner of
• http://www.fcc.gov/fcc-bin/audio/DA-11-1226A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1226A1.pdf
  • Trust Agreement'') submitted with the 2010 Assignment Application states that ``the Trustee may [rather than ``shall''] . . . assign and otherwise convey the Station . . . to Citadel'' (emphasis added). In the 2010 Petition, Petitioners argue that approval of the 2010 Assignment Application would, in effect, give Citadel a reversionary interest in the Station in violation of Section 73.1150 of the Commission's Rules (the ``Rules''). Petitioners also argue that grant of the 2010 Assignment Application would be inconsistent with the Citadel Divestiture Trust Order, which ``strongly encouraged'' the Trust to market the stations to an ``eligible entity.'' In the 2010 Trust Opposition, the Trustee argues that the ``reversionary interest rule'' does not apply to ``divestiture trusts.'' In the 2010
• http://www.fcc.gov/fcc-bin/audio/DA-11-1546A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1546A1.pdf
  • two stations that the Consent Decree provides will be assigned to Potential Broadcasting. Also, the Trust Agreements provide that CMI or Citadel may re-acquire one or more stations in trust if the Trustee determines there has been a change in circumstances that permits such ownership under applicable Commission rules and policies. We find that this provision does not violate Section 73.1150 of our Rules because it is based on the Trustee's independent assessment and decision. See 47 C.F.R. § 73.1150. (Continued from previous page) (continued . . .) Federal Communications Commission DA 11-1546 Federal Communications Commission DA 11-1546 ' C E N ` b i s ... † ¦ " % ' D E ‡ ˆ ¦ § ¨ (c) ª
• http://www.fcc.gov/fcc-bin/audio/DA-12-463A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-463A1.pdf
  • e.g., Enforcement Bureau Field Operations List of Actions Taken, Public Notice, 16 FCC Rcd 8708, 8712 (EB 2001) (Notice of Violation issued to the Station on March 29, 2001, for violations of 47 C.F.R. §§ 17.4(a) (antenna structure registration); 17.51 (time when lights should be exhibited); 73.49 (AM transmission system fencing requirements); 73.1125 (station main studio location); 73.1201 (station identification); 73.1150 (transmission system operation), 73.1560 (operating power and mode tolerances); 73.1745 (unauthorized operation); 73.1820 (station log); and 73.3526 (contents of public inspection file for commercial stations); Enforcement Bureau Field Operation List of Actions Taken, Public Notice, 16 FCC Rcd 21310, 21310 (EB 2001) ($20,000 Notice of Apparent Liability issued to CWH for violation of 47 C.F.R. §§ 17.4(a) (antenna structure registration);
• http://www.fcc.gov/fcc-bin/audio/FCC-00-120A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-00-120A1.pdf http://www.fcc.gov/fcc-bin/audio/FCC-00-120A1.txt
  • noncommercial educational broadcasting upon demonstrating that the noncommercial educational proponent would provide a first or second noncommercial educational TV service to 2,000 or more people who constitute 10% of the population within the proposed allocation's noise limited contour. Stations operating on DTV allotments designated with a ``c'' are required to comply with paragraph (g) of this section. ***** 8. Section 73.1150 is amended by adding a new paragraph (d) to read as follows: § 73.1150 Transferring a station ***** (d) Authorizations awarded pursuant to the noncommercial educational point system in Subpart K are subject to the holding period in Section 73.7005. Applications for an assignment or transfer filed prior to the end of the holding period must demonstrate the factors enumerated
• http://www.fcc.gov/fcc-bin/audio/FCC-08-3A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-3A1.pdf
  • explained by CCC in its opposition, Goodrich initially held the license for WMHG and obtained a construction permit for a paired expanded band station at 1680 KHz (which subsequently received the call sign WDSS(AM)). In August 1999, Goodrich assigned the license for WMHG to Connoisseur Communications of Muskegon, L.P. (``Connoisseur''), while retaining ownership of WDSS(AM), in apparent violation of Section 73.1150(c) of the Rules. In 2000, Goodrich filed a request for nunc pro tunc waiver that would retroactively excuse Goodrich's apparent breach of Section 73.1150(c) of the Rules and allow Goodrich to continue owning and operating the AM expanded band station separately from its standard band companion. By this time, Cumulus Licensing, LLC had acquired the license for WMHG from Connoisseur
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • [438]TEXT [439]PDF 73.1001 Scope. [440]TEXT [441]PDF 73.1010 Cross reference to rules in other parts. [442]TEXT [443]PDF 73.1015 Truthful written statements and responses to Commission inquiries and correspondence. [444]TEXT [445]PDF 73.1020 Station license period. [446]TEXT [447]PDF 73.1030 Notifications concerning interference to radio astronomy, research and receiving installations. [448]TEXT [449]PDF 73.1120 Station location. [450]TEXT [451]PDF 73.1125 Station main studio location. [452]TEXT [453]PDF 73.1150 Transferring a station. [454]TEXT [455]PDF 73.1201 Station identification. [456]TEXT [457]PDF 73.1202 Retention of letters received from the public. [458]TEXT [459]PDF 73.1206 Broadcast of telephone conversations. [460]TEXT [461]PDF 73.1207 Rebroadcasts. [462]TEXT [463]PDF 73.1208 Broadcast of taped, filmed, or recorded material. [464]TEXT [465]PDF 73.1209 References to time. [466]TEXT [467]PDF 73.1210 TV/FM dual-language broadcasting in Puerto Rico. [468]TEXT [469]PDF 73.1211 Broadcast of lottery
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • [391]TEXT [392]PDF 73.1001 Scope. [393]TEXT [394]PDF 73.1010 Cross reference to rules in other parts. [395]TEXT [396]PDF 73.1015 Truthful written statements and responses to Commission inquiries and correspondence. [397]TEXT [398]PDF 73.1020 Station license period. [399]TEXT [400]PDF 73.1030 Notifications concerning interference to radio astronomy, research and receiving installations. [401]TEXT [402]PDF 73.1120 Station location. [403]TEXT [404]PDF 73.1125 Station main studio location. [405]TEXT [406]PDF 73.1150 Transferring a station. [407]TEXT [408]PDF 73.1201 Station identification. [409]TEXT [410]PDF 73.1202 Retention of letters received from the public. [411]TEXT [412]PDF 73.1206 Broadcast of telephone conversations. [413]TEXT [414]PDF 73.1207 Rebroadcasts. [415]TEXT [416]PDF 73.1208 Broadcast of taped, filmed, or recorded material. [417]TEXT [418]PDF 73.1209 References to time. [419]TEXT [420]PDF 73.1210 TV/FM dual-language broadcasting in Puerto Rico. [421]TEXT [422]PDF 73.1211 Broadcast of lottery
• http://www.fcc.gov/ogc/documents/opinions/2005/04-1274-102505.pdf
  • license." (Emphasis added). When Kidd refused to execute the assignment application, the court appointed its clerk to act as trustee and execute the application on Kidd's behalf. Kidd objected to the application to transfer the license to Paradise and argued that the assignment was predicated upon an impermissible reversionary interest in the station's license, in violation of 47 C.F.R. § 73.1150. In relevant part, that section provides:(a) In transferring a broadcast station, the licensee may retain no right of reversion of the license, no right to reassignment of the license in the future, and may not reserve the right to use the facilities of the station for any period whatsoever. (b) No license, renewal of license, assignment of license or transfer