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 FEDERAL  COMMUNICATIONS  COMMISSION  DA  02-  3083 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  EB-  00-  IH-  0414  )  EB-  00-  IH-  0504 
 ISOTHERMAL  COMMUNITY  COLLEGE  )  ) 
 Licensee  of  Noncommercial  Educational  Station  )  Facility  ID  #29262  WNCW(  FM),  Spindale,  North  Carolina  ) 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  November  7,  2002  Released:  November  12,  2002 
 By  the  Chief,  Enforcement  Bureau: 
 I.  INTRODUCTION 
 1.  In  this  Memorandum  Opinion  and  Order,  we  dismiss  the  joint  petition  for  reconsideration  filed  January  7,  2002,  by  National  Federation  of  Community  Broadcasters 
 (“  NFCB”),  National  Public  Radio,  Inc.  (“  NPR”),  and  The  Development  Exchange,  Inc.  (“  DEI”),  national  organizations  which  represent  and  variously  provide  programming,  marketing  and 
 consulting  services  to  noncommercial  broadcasters.  In  addition,  on  our  own  motion,  we  modify  the  decision  in  Isothermal  Community  College,  16  FCC  Rcd  21360  (Enforcement  Bureau  2001) 
 (“  Admonishment  Order”)  by  deleting  Paragraph  9  of  the  ruling. 
 II.  BACKGROUND 
 2.  The  joint  petitioners,  who  did  not  participate  in  the  underlying  proceeding,  now  seek  reconsideration  of  our  December  6,  2001,  Admonishment  Order.  That  decision,  in  response  to 
 complaints,  admonished  Isothermal  Community  College  (“  Isothermal”),  licensee  of  the  captioned  noncommercial  radio  station,  for  violating  47  U.  S.  C.  §  399b  and  47  C.  F.  R.  §  73.503,  which  prohibit 
 the  broadcast  of  paid  advertisements  in  the  noncommercial  service,  and  for  failing  to  properly  maintain  its  public  file  as  required  by  47  C.  F.  R.  §  73.3527.  The  joint  petitioners  argue  that  certain 
 dicta  in  that  Order,  contained  in  Paragraph  9,  should  be  modified  or  reversed.  Isothermal,  the  station’s  licensee,  did  not  participate  in  the  joint  petition  or  file  a  separate  petition  for 
 reconsideration  or  application  for  review. 
 III.  DISCUSSION 
 3.  Joint  petitioners  have  not  demonstrated  that  their  “interests  are  adversely  affected”  by  the  Order,  as  required  by  the  Act  and  the  Commission’s  rules.  1  Concern  about  the  precedential 
 effect  of  an  adjudicatory  decision  does  not  satisfy  this  standard.  2  However,  on  our  own  motion,  we  modify  the  underlying  decision  by  deleting  Paragraph  9,  which  consisted  solely  of  dicta. 


 1  47  U.  S.  C.  §  405(  a);  47  C.  F.  R.  §  1.106(  b)(  1). 
 2  See,  e.  g.,  AT&  T  Corp  v.  Business  Telecom,  Inc.,  16  FCC  Rcd  21750  (2001). 
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 IV.  ORDERING  CLAUSES 
 4.  Accordingly,  IT  IS  ORDERED,  pursuant  to  Section  405  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §  405,  and  Section  1.106  of  the  Commission’s  rules,  47 
 C.  F.  R.  §  1.  106,  that  the  joint  petition  for  reconsideration  filed  January  7,  2002,  by  NFCB,  NPR,  and  DEI  IS  DISMISSED.  In  addition,  Paragraph  9  of  the  December  6,  2001,  Admonishment 
 Order  IS  DELETED. 
 5.  IT  IS  FURTHER  ORDERED  THAT  copies  of  this  Order  shall  be  sent  by  Certified  Mail,  Return  Receipt  Requested,  to  the  National  Federation  of  Community  Broadcasters, 
 Fort  Mason  Center,  Building  D,  San  Francisco,  California  94123;  National  Public  Radio,  Inc.,  c/  o  Office  of  General  Counsel,  635  Massachusetts  Avenue,  NW,  Washington,  DC  20001;  and  The 
 Development  Exchange,  Inc.,  1645  Hennepin  Avenue,  Suite  312,  Minneapolis,  Minnesota  55403. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon  Chief,  Enforcement  Bureau 
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