Federal Communications Commission Washington, D.C. 20554 April 28, 2008 DA 08-969 In Reply Refer to: 1800B3-KD Released: April 28, 2008 Donald E. Martin, P.C. P.O. Box 8433 Falls Church, VA 22041 David A. O’Connor, Esq. Holland & Knight LLP 2099 Pennsylvania Ave., N.W. Suite 100 Washington, DC 20006 In re: WGNW-LP, Candler, NC Facility ID No. 133487 Montmorenci United Methodist Church File No. BAPL-20070824ABZ Application for Assignment of License Informal Objection Dear Counsel: We have before us the above-captioned application (“Assignment Application”) to assign the license of Station WGNW-LP, Candler, North Carolina (“Station”) from Montmorenci United Methodist Church (“MUMC”) to WGNW Radio Ministries, Inc. (“WGNW”).1 Also before us is a Petition to Deny the Assignment Application, filed by Mount Pisgah Adventist Educational Media (“Mount Pisgah”).2 For the reasons stated below, we dismiss the Assignment Application and dismiss the Petition to Deny as moot. Background. On December 11, 2007, the Commission released a Third Report and Order and Second Further Notice of Proposed Rulemaking (“Third Report and Order”)3 that, among other things, made certain revisions to the Commission’s Rules (“Rules”) regarding the assignment of LPFM licenses. Under the revised Rules, which went into effect on March 17, 2008,4 we now require a three-year holding 1 See FCC File No. BAPL-20070824ABZ. 2 MUMC filed an Opposition on October 11, 2007. 3 See Creation of a Low Power Service, Third Report and Order and Second Further Notice of Proposed Rulemaking, 22 FCC Rcd 21912 (2007). 4 The final Rules were published in the Federal Register on January 17, 2008, and went into effect on March 17, 2008. Third Report and Order, 73 FR 3202 (Jan. 17, 2008). 2 period from the issuance of an LPFM license, during which a licensee cannot transfer or assign the license, and must operate the station.5 MUMC received its license to cover on February 12, 2008.6 It therefore has not yet satisfied the three-year holding period requirement. Accordingly, because MUMC currently is not qualified to assign its license, we dismiss the Assignment Application. This finding renders moot all arguments raised by Mount Pisgah in its Petition to Deny the Assignment Application. Conclusion/Actions. Based on the above, IT IS ORDERED, that the Petition to Deny filed by Mount Pisgah Adventist Educational Media IS DISMISSED AS MOOT, and that the application for approval to assign the license for the license of Station WGNW-LP, Candler, North Carolina (File No. BAPL-20070824ABZ) from Montmorenci United Methodist Church to WGNW Radio Ministries, Inc. IS DISMISSED. Sincerely, Peter H. Doyle, Chief Audio Division Media Bureau cc: Montmorenci United Methodist Church 5 47 C.F.R. § 73.865; Third Report and Order, 22 FCC Rcd at 21920. 6 See FCC File No. BLL-20080109ACN.