Federal Communications Commission Record FCC 95-291

10 FCC Red No. 15 Federal Communications Commission Record FCC 95-291

ditions. We also issued a $2,500 Notice of Apparent Liabil Before the ity to the licensee of Station WAAM(AM).3 In seeking Federal Communications Commission reconsideration, the NAACP does not dispute the facts Washington, D.C. 20554 underlying our decision to treat its petition to deny as an informal objection. 3. Section 405 of the Communications Act of 1934, as In re Applications of amended, 47 U.S.C. § 405, states than any party to an order, decision, report or action by the Commission or any Washtenaw Broadcasting File Nos. BR-890601ZX other person aggrieved or whose interests are adversely Company, Inc. 1 BRH-890601ZQ affected, may petition for reconsideration. See also, Com mittee for Community Access v. FCC, 737 F.2d 74 (D.C. Cir. for renewal of license of Stations 1984); 47 C.F.R. § 1.106. To qualify as a party, a petitioner WPZA(AM)/WAMX-FM, for reconsideration must have filed a valid petition to deny Ann Arbor, Michigan against the application whose grant the petitioner now seeks to have reconsidered. Community Access; Gulfcoast Whitehall Convalescent Homes, Inc. File No. Broadcasting, Inc. (WMMK-FM), 8 FCC Red 483 (1993); for renewal of license of Station BR-890525VG Montgomery County Broadcasting Corp., 65 FCC 2d 876 (1977). If the petition for reconsideration is filed by one WAAM(AM), Ann Arbor, Michigan who is not a "party to the proceeding, it shall state with particularity the manner in which the person©s interests are adversely affected by the action taken, and shall show good MEMORANDUM OPINION AND ORDER reason why it was not possible for him to participate in the earlier stages of the proceeding." 47 C.F.R. § 1.106(b)(l); Adopted: July 14,1995; Released: July 21,1995 see Community Access. 4. Unquestionably, the NAACP©s petition to deny against By the Commission: the license renewal applications for Stations WAAM(AM) and WPZA(AM)/WAMX-FM was not supported by a dec 1. The Commission has before it: (1) our decision in laration as required by 47 U.S.C. § 309(d)(l). See also, 47 Double L Broadcasting of Lansing Limited Partnership, 1 C.F.R. § 73.3584. Under the circumstances, we properly FCC Red 6435 (1992) ("Double L Broadcasting"); (2) a dismissed the NAACP©s petition. See Gulfcoast Broadcast Petition for Reconsideration of that decision filed by the ing, Inc. (WMMK-FM); Broadcast Stations Serving the State Michigan State Conference of Branches of the NAACP of Florida, 3 FCC Red 1930 (1988). As an informal objec (hereinafter "NAACP"); 2 (3) a "Motion to Treat Petition tor, the NAACP lacks standing to bring the instant petition for Reconsideration as Timely Filed" filed by the NAACP; because it is not a "party to the proceeding" within the (4) the licensees© oppositions to both the petition for re meaning of Section 405 of the Communications Act and consideration and the NAACP©s motion; and (5) the Section 1.106 of the Commission©s Rules. Moreover, the NAACP©s reply to these pleadings. For the reasons which NAACP©s petition for reconsideration has not demonstrated follow, we dismiss the NAACP©s petition and motion. that its interests were adversely affected by our decision in 2. In Double L Broadcasting, we concluded, inter alia, Double L Broadcasting, nor has it demonstrated that it was that the NAACP had not demonstrated that it was a "party not possible for it to participate as a petitioner to deny in in interest" as that term is used in Section 309(d)(l) of the the earlier stages of the proceeding. Hence, we find that the Communications Act of 1934, as amended, 47 U.S.C. § NAACP has not complied with the procedural require 309(d)(l), with respect to the stations© renewal applications ments of Section 1.106. See Montgomery; 47 C.F.R. § 1.106. because the declarations filed with its petition to deny Therefore, we dismiss the NAACP©s petition for reconsider failed to establish the NAACP©s standing. Specifically, the ation.4 NAACP failed to provide a declaration from anyone who 5. Accordingly, IT IS ORDERED, that the petition for claimed to be a listener or service area resident of the Ann reconsideration filed November 13, 1992 by the NAACP, Arbor stations named in the petition to deny. After consid IS DISMISSED. ering the NAACP©s pleading as an informal objection, we granted the stations© applications, subject to reporting con

1 On September 30. 1992, the Commission granted an applica 4 Our decision in Double L Broadcasting was released on tion to assign the licenses of Stations WPZA(AM) and WAMX- September 25, 1992. The NAACP filed its petition for reconsi FM from Washtenaw Broadcasting Company, Inc. to MW Blue deration on November 13, 1992, well beyond the due date Partnership. The assignments were consummated on October 8, specified by Section 405 of the Act and Section 1.106(f) of our 1992. For administrative convenience, we will use the name of rules. The NAACP argues in its "Motion to Treat Petition for the former licensee in this Memorandum Opinion and Order. Reconsideration as Timely Filed" that we should accept its late 2 The NAACP also sought reconsideration of that portion of filed petition for reconsideration because it did not receive a Double L Broadcasting which dealt with Stations copy of Double L Broadcasting until November 9, 1992. Because WJIM/WJIM-FM, Lansing; WBCK(AM)/WBXX-FM, Battle we dismiss the NAACP©s petition for failure to comply with the Creek; and WFMK-FM, East Lansing, Michigan. However, the requirements of Section 1.106(b)(l), we need not reach the NAACP has entered into a settlement agreement with the li question of whether the petition for reconsideration should be censees of those stations. The joint request for approval of the treated as timely filed. agreement is pending. 3 Whitehall Convalescent Homes, Inc. paid the forfeiture on October 20, 1992.

7759 FCC 95-291 Federal Communications Commission Record 10 FCC Red NO. is

6. IT IS FURTHER ORDERED, that the "Motion to Treat Petition for Reconsideration as Timely Filed" IS DISMISSED AS MOOT. 7. IT IS FURTHER ORDERED, that the Mass Media Bureau send by Certified Mail-- Return Receipt Requested, copies of this Memorandum Opinion and Order to the NAACP and the licensees of Stations WAAM(AM) and WPZA(AM)/WAMX-FM.

FEDERAL COMMUNICATIONS COMMISSION

William F. Caton Acting Secretary

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