FCC 96-66 Federal Communications Commwion Record 11 FCC Red No. 6

these standards. The NAACP neither quarrels with the Before the accuracy of our findings nor claims material error or omis­ Federal Communications Commission sion in our assessment. Rather, without challenging the Washington, D.C. 20554 accuracy of our factual findings, petitioner suggests that it has a better, more reliable way of evaluating them. What­ ever the merits of this suggestion, and we note that these In re Applications of merits are questioned by both the former and current licensee in their opposition pleadings, it provides no Beacon Broadcasting Corporation grounds for reconsideration. After review of the record before us, we found no substantial and material questions of fact sufficient to warrant a hearing, and no evidence For Renewal of Licenses for indicating that the licensee engaged in discrimination. Station WBNR(AM) File No. BR-910125UZ Nothing in the petition for reconsideration directly chal­ Beacon, New York lenges these findings.2 We therefore deny the NAACP's petition. and 4. Accordingly, IT IS ORDERED, that the petition for reconsideration filed by the New York State Conference of Station WSPK(FM) File No. BRH-910125VG Branches of the NAACP and its respective branches with Poughkeepsie, New York respect to Stations WBNR(AM) and WSPK(FM) IS DE­ NIED. 5. IT IS FURTHER ORDERED, that the Mass Media MEMORANDUM OPINION AND ORDER Bureau send by Certified Mail-Return Receipt Requested, copies of this Memorandum Opinion and Order to the Adopted: February 21, 1996; Released: March 12, 1996 NAACP and to the former and current licensee of Stations WBNR(AM) and WSPK(FM). By the Commission: FEDERAL COMMUNICATIONS COMMISSION 1. The Commission has before it for consideration (1) our decision in Beacon Broadcasting Corporation, 9 FCC Red 2132 (1994), in pertinent part granting with reporting conditions the applications of Beacon Broadcasting Cor­ poration for renewal of licenses for Stations WBNR(AM), William F. Caton Beacon, New York, and WSPK(FM), Poughkeepsie, New Acting Secretary York; (2) a petition for reconsideration of this decision filed by the New York State Conference of Branches of the NAACP and its respective branches (collectively "NAACP"); and (3) oppositions filed by Beacon Broadcast­ ing Corporation and Enterprise Media, Inc .. the former and current licensee of the stations. ' 2. The NAACP "seeks partial reconsideration for the limited purpose of calling to the Commission's attention a serious detour in the route by which it reached its de­ cision." This "detour," according to the NAACP, led us to credit Beacon Broadcasting Corporation with offers to hire Black applicants, a path it urges we should follow only with "great caution." The NAACP recommends conditions under which it believes offers to hire may appro priately be considered. It then requests that we "clarify" our decision to omit expressly any reliance upon offers to hire, and that we "modify" our conclusion in light of this clarification. 3. Reconsideration is appropriate only where petitioner either shows a material error or omission in the original order or raises additional facts not known or not existing until after petitioner's last opportunity to present such matters. See WWIZ, Inc., 37 FCC 685, 686 (1964). aff'd sub nom. Lorain Journal Co. v. FCC, 351 F.2nd 8'.!4 (D.C. Cir. 1965), cert. denied 383 U.S. 967 (1966); 47 C.F.R. § 1.1 06. The petition for reconsideration before us meets neither of

1 We granted an application to assign the stations' licenses i Petitioner does not argue that our consideration of offers to from Beacon Broadcasting Corporation to Enterprise Media. hire was an abuse of our discretion, either as a general proposi­ Inc., o n April 19, 1994. The assignments were consummated on tion or with respect to the particular facts before us. April 29. 1994, one day after the Beacon Broadcasting Corpora ­ tion decision was released.

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