DA 26-106 In Reply Refer to: 1800B3-BH Released: February 2, 2026 Money Matters Educational, Inc. c/o Hamon Francis Fytton 16034 US Highway 19 Suite E Hudson, FL 34667 Money Matters Educational Inc. c/o Dan J. Alpert 2120 21st Rd. N Arlington, VA 22201 In re: Money Matters Educational Inc. New LPFM, Hudson, Florida Facility ID No. 788258 Application File No. 0000232727 Dear Applicant: We have before us the above-referenced application (Application) for a construction permit for a new low power FM (LPFM) station at Hudson, Florida, (Station) filed by Money Matters Educational Inc. (MME). Application File No. 0000232727 (filed Dec. 13, 2023). For the reasons set forth below, we dismiss the Application. Background. MME filed the Application during the 2023 LPFM filing window. Media Bureau Announces Filing Procedures and Requirements for November 1 – November 8, 2023, Low Power FM Filing Window, Public Notice, 38 FCC Rcd 6660 (MB 2023) (Procedures Public Notice). Based on a request from LPFM advocates, the Bureau subsequently delayed the window until December 6, 2023. Media Bureau Announces Revised Dates for LPFM New Station Application Filing Window, Public Notice, 38 FCC Rcd 9589 (MB 2023). The Bureau subsequently extended the close of the window until December 15, 2023. Media Bureau Announces Extension of LPFM New Station Application Filing Window, Public Notice, 38 FCC Rcd 11882 (MB 2023). In the Application, MME certified that it qualifies as local both because it is physically headquartered and has 75% of its board members residing within 10 miles of its proposed transmitting antenna site. Application, Legal Certifications Section, Community-Based Criteria questions. Because the proposed Station is located in the Tampa-St. Petersburg-Clearwater, Florida radio market, which is a top 50 urban market, MME’s headquarters must be within 10 miles of the proposed site for the transmitting antenna, or, alternatively, 75% of MME’s board members must reside with 10 miles of the proposed site for the transmitting antenna in order for MME to be eligible to hold an LPFM authorization under the Commission’s Rules. 47 CFR § 73.853(b)(1), (2). The Application identifies the address of the Applicant as “16034 US Hwy 19, Suite E, Hudson, FL 34667,” which it indicates is also the location proposed for the Station’s main studio and the address of the Applicant’s sole director. Application, Applicant Information; Point System Factors, Main Studio question. Based on images from Google Maps, the address appears to be a small, one-story office or industrial building. The Application identifies Hamon Francis Fytton as the sole director of MME, with 100% of the votes of MME’s board. Application, Parties to the Application Section. The Articles of Incorporation of MME submitted with the Application, however, do not identify Mr. Fytton as an officer or director of MME. Rather, the Articles indicate that three other individuals, Kirby Julian, Ruben Alcoba, and Luis Vila, are the officers and directors of MME. None of these three individuals is included as a party to the Application. Id. On November 26, 2024, the Audio Division sent a Letter of Inquiry (LOI) to MME seeking additional information about the Application, including confirmation of MME’s directors, notarized declarations from each individual attesting that they authorized the filing of the Application, and a copy of each individual’s driver’s license or other current identification. Letter of Inquiry from Albert Shuldiner, Chief Audio Division, FCC Media Bureau, to Money Matters Educational Inc. c/o Kirby Julian, Nov. 26, 2024 (LOI). The LOI also sought information regarding the stated location of the Applicant’s headquarters and proposed main studio, including documents demonstrating that MME has the right to use that location for its headquarters and the Station’s proposed main studio. The LOI instructed the Applicant to submit the requested information and materials within 30 days of the date of the letter. The LOI noted further that the letter constituted an order of the Commission to produce documents and information and that failure to respond appropriately to the letter would constitute a violation of the Communications Act of 1934, as amended, (Act) and the Commission’s rules (Rules), and therefore would be cause for dismissal of the Application. LOI at 1-2 (citing, inter alia, 47 U.S.C. § 503(b)(1)(B) and 47 CFR § 73.3568(a), which states that “failure to prosecute an application, or failure to respond to official correspondence or request for additional information, will be cause for dismissal.”). MME responded to the LOI by letter dated December 26, 2024 (LOI Response) providing some, but not all, of the information requested. Letter from Dan J. Alpert, Counsel for Money Matters Educational Inc., to Alexander Sanjenis, Audio Division, FCC Media Bureau, Dec. 26, 2024 (LOI Response). With regard to the Audio Division’s request that MME substantiate that it had the right to use 16034 Highway 19, Hudson, Florida as its headquarters and main studio, the LOI Response stated that MME already has an office at that location and a relationship with Trim and Tone Inc., the entity affiliated with that address based on public records. LOI Response at Response to Inquiries 1. a. The LOI Response stated that the president of Trim and Tone Inc. was not available at the time of the response, but that written confirmation of permission to use the location as the main studio, headquarters, and transmitter site for the proposed Station would be “supplied shortly, sometime after the [December 25, 2024] Christmas and [January 1, 2025] New Year’s holiday week.” Id. The LOI Response includes at Exhibit 1 an unexecuted typed statement reciting that Catherine Julian, the president of Trim and Tone Inc., has given Hamon Francis Fytton and Money Matters Educational Inc., permission to use the 16034 Highway 19, Hudson, Florida location for purposes of a radio station. Though appearing to be a declaration or attestation, the document is not signed, consistent with MME’s indication that Catherine Julian was unavailable at the time the response was filed. The Audio Division has received no such further filing from MME. With regard to the Audio Division’s request for copies of a driver’s license or similar identification for each of the four individuals identified as affiliated with MME, the LOI Response provides a copy of only Mr. Fytton’s license. LOI Response, Response to Inquiries 1. b.; Exhibit 2. The LOI Response indicated that Kirby Julian died on November 20, 2023—nearly a month before the filing of the Application—at the age of 92. The LOI Response provides a screenshot of a brief obituary for Kirby Julian from the Tampa Bay Times. LOI Response, Exhibit 3. The LOI Response further states that “Luis Vila is no longer associated […] with MME,” and that Ruben Alcoba was travelling out of the country and unavailable at the time of the response. LOI Response, Response to Inquiries 2. Accordingly, the LOI Response stated that copies of identification for Kirby Julian and Luis Vila would not be forthcoming, but that a “driver’s license for Ruben Alcoba will be supplied shortly, after his returns from travel.” Id. The Audio Division has received no such further filing from MME. Additionally, the driver’s license provided for Mr. Fytton indicates that he resides in Fort Pierce, Florida, on the East coast of the State, approximately 150 miles away from the proposed Station’s community of license, Hudson, Florida, which is on the West coast of Florida. In addition, the LOI Response provides a different address for Mr. Fytton in Vero Beach, FL, which is similarly over 150 miles away from Hudson, Florida. LOI Response, Response to Inquiries 1. b.; Exhibit 2. And finally, one of the corporate filings submitted by MME reflects yet a third address for Mr. Fytton in Melbourne, Florida, which is again over 125 miles away from the proposed transmitter site. In sum, the record includes at least three different addresses for Mr. Fytton, none of which matches the address listed for him on the Application, which is 16034 US Hwy 19 Suite E Hudson, FL 34667. Application, Parties to the Application Section. As noted above, 16034 US Hwy 19 Suite E Hudson, FL 34667 appears to be a small, one-story office or industrial building and does not appear to be a residence. With regard to the Audio Division’s request that MME provide a notarized declaration from each of the four individuals identified as affiliated with MME attesting to the fact that they approved the filing of the Application, the LOI Response fails to provide a single declaration. While the LOI Response makes clear that declarations would not be provided for Kirby Julian and Luis Vila, who it states are deceased or no longer affiliated with the Applicant, respectively, it indicated that “the requested notarized declarations of Hamon Francis Fytton and Ruben Alcoboa, stating that they approved of the filing of the Application, along with a notarized declaration of Mark Julian, confirming facts supplied in this Response within his knowledge, will be supplied shortly, sometime after the [December 25, 2024] Christmas and [January 1, 2025] New Year’s holiday week, under separate cover.” LOI Response, Response to Inquiries 1. c. Again, the Audio Division has received no such filing from MME. Discussion. Consistent with the Commission’s statutory authority to conduct investigations, It is well-established that the Commission has broad investigatory authority pursuant to its licensing function under sections 4(i), 4(j), and 403 of the Act, its Rules, and relevant precedent. See 47 U.S.C. § 154(i) (authorizing the Commission to “issue such orders, not inconsistent with this Act, as may be necessary in the execution of its functions”); 47 U.S.C. § 154(j) (stating “the Commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice”); 47 U.S.C. § 403 (granting the Commission “full authority and power at any time to institute an inquiry, on its own motion, in any case and as to any matter . . . relating to the enforcement of any of the provisions of this Act.”). Various decisions have confirmed the Commission’s authority to investigate potential rule violations and to assess penalties against those that disregard Commission inquiries. See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589, 7599-7600, paras. 23-28 (2002) (ordering $100,000 forfeiture for egregious and intentional failure to certify the response to a Bureau inquiry); Fox Television Stations, Inc., Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 7074 (EB 2010) (proposing a $25,000 forfeiture for failure to respond to a Bureau letter of inquiry) (Fox Television); BigZoo.Com Corporation, Forfeiture Order, 20 FCC Rcd 3954 (EB 2005) (ordering $20,000 forfeiture for failure to respond to a letter of inquiry); Digital Antenna, Inc., Notice of Apparent Liability for Forfeiture and Order, 23 FCC Rcd 7600, 7602 (EB 2008) (proposing $11,000 forfeiture for failure to provide a complete response to a letter of inquiry); see also 47 CFR § 73.3568(a) (providing that the failure to prosecute an application or to respond to an official request for additional information will be cause for dismissal). section 73.1015 of the Rules authorizes the Commission to require from a broadcast licensee written statements of fact relevant to any matter within its jurisdiction. 47 CFR § 73.1015. Specifically, section 73.1015 states: “The Commission or its representatives may, in writing, require from any applicant, permittee, or licensee written statements of fact relevant to a determination whether an application should be granted or denied, or to a determination whether a license should be revoked, or to any other matter within the jurisdiction of the Commission . . . .” Id. In turn, section 1.17 of the Rules requires that parties responding to Commission inquiries must be truthful, complete, and accurate. 47 CFR § 1.17. In response to such an inquiry, it is important that licensees, permittees, and applicants respond fully—and truthfully—to Commission requests for information and in a timely manner, as the failure to do so impedes the Commission’s ability to carry out its responsibilities. See, e.g., Marion Education Exchange, Hearing Designation Order, 37 FCC Rcd 2426, 2433-34, para. 21 (2022); Fox Television, 25 FCC Rcd at 7078, para. 10. As the Commission has often stated, full and clear disclosure of all material facts in every application—or in response to a Commission request for information—is essential to the efficient administration of the Commission’s licensing process. See Sinclair Broadcast Group, Order, 35 FCC Rcd 5877, 5878, para. 2 (2020) (“Section 1.65 of the Rules requires timely, full, and clear disclosure of all material facts in every application, which is essential to the efficient administration of the Commission's licensing process. Proper analysis of an application is critically dependent on the accuracy and completeness of information and data that only the applicant can provide.”); Fox Television Stations, Inc., Memorandum Opinion and Order, 33 FCC Rcd 7221, 7238-39, para. 42 (2018) (“Full and clear disclosure of all material facts in every application is essential to the efficient administration of the Commission’s licensing process, and proper analysis of an application is critically dependent on the accuracy and completeness of information and data that only the applicant can provide. Misrepresentation and lack of candor raise serious concerns as to the likelihood of a licensee’s truthfulness.”). The Commission’s proper analysis of an application is critically dependent on the accuracy and completeness of information and data that only the applicant can provide. Id. Thus, “applicants . . . have an affirmative duty to inform the Commission of the facts it needs in order to fulfill its statutory mandate.” WHW Enterprises, Inc., v. FCC, 753 F.2d 1132, 1139 (D.C. Cir. 1985); see also Contemporary Media, Inc. v. FCC, 214 F.3d 187, 193 (D.C. Cir. 2000) (stating the Commission “relies heavily on the honesty and probity of its licensees in a regulatory system that is largely self-policing”). Moreover, the Rules provide that if an applicant is requested by the Commission to file additional documents or information, the failure to comply with such request will render the application defective and subject to dismissal. 47 CFR § 73.3566(b) (“If an applicant is requested by the FCC to file any additional documents or information not included in the prescribed application form, a failure to comply with such request will be deemed to render the application defective, and such application will be dismissed.”). Section 73.3568(a)(1) of the Rules similarly states that the failure to prosecute an application or to respond to official correspondence or requests for additional information will be cause for dismissal. 47 CFR § 73.3568(a)(1) (“Failure to prosecute an application, or failure to respond to official correspondence or request for additional information, will be cause for dismissal.”). The LOI explicitly noted these regulations, stating that “[f]ailure to respond appropriately to this letter constitutes a violation of the Act and the Commission’s rules and will be cause for dismissal of the Application.” LOI at 2 (citing, inter alia, 47 CFR § 73.3568(a)). In this case, MME has failed to respond timely to the Audio Division’s request for necessary information. Despite acknowledging that the LOI Response lacked all the requested information and despite asserting that the missing materials would be forthcoming, as of the date of this letter MME has still not supplied the information requested by the Audio Division. Accordingly, we dismiss the Application for failure to prosecute pursuant to section 73.3566(b) and section 73.3568(a)(1) of the Commission’s Rules. 47 CFR §§ 73.3566(b), 73.3568(a); see also LPFM MX Group 37, Memorandum Opinion and Order, 31 FCC Rcd 7512, 7517, para. 12 (2016) (dismissing application for failure to respond to letter of inquiry). We note as an aside that even beyond the failure to produce the requested materials, questions and potential problems with the Application abound. First among such problems is the fact that under Florida law not-for-profit corporations are required to have a minimum of three directors, meaning that MME’s assertion that Hamon Francis Fytton is the sole director—even if substantiated—would appear to be inconsistent with applicable state law. See FL Stat § 617.0803(1) (2025) (“A board of directors must consist of three or more individuals, with the number specified in or fixed in accordance with the articles of incorporation or bylaws.”). Moreover, as Mr. Fytton appears to reside 125-150 miles away from the Station’s proposed transmitter site, See supra at 3, note 12, 17. the Applicant’s certification that it qualifies as local as a result of the fact that 75% of its board members reside within 10 miles of the proposed transmitter site appears to be false. In order to qualify as local, a nonprofit educational LPFM applicant in a top 50 urban radio market, such as MME, must either be physically headquartered within 10 miles of the site proposed for its transmitting antenna or have 75% of its board members residing within 10 miles of the site. 47 CFR § 73.853(b)(1), (2); see also Creation of Low Power Radio Service, Report and Order, 15 FCC Rcd 2205, 2219, para. 33 (2000). In the Application MME certifies that it qualifies as “local” on the basis of both tests. Application, Legal Certifications, Community-Based Criteria Certifications. Because we are dismissing the Application, we need not determine whether Applicant made a misrepresentation to the Commission, but we would be required to make this determination if the Applicant seeks reconsideration of this decision. Further, contrary to the Applicant’s assertion in the LOI Response that control of MME was somehow transferred from Kirby Julian, Ruben Alcoba, and Luis Vila to Hamon Francis Fytton, the most recent 2025 Annual Report filed by MME with the Florida Department of State continues to show that Kirby Julian, Ruben Alcoba, and Luis Vila, are the sole officers and directors of the Applicant. See 2025 Florida Not For Profit Corporation Annual Report filed by Money Matters Educational Inc. on April 27, 2025, 3216545541CC, listing Kirby Julian, Luis Vila, and Ruben Alcoba as the sole officers and directors of MME, available at Florida Department of State: https://search.sunbiz.org/Inquiry/CorporationSearch/ByName. Additionally, although the LOI Response purports to provide the Audio Division with copies of filings made with the “Division of Corporations – Florida Department of State” to update the composition of MME’s board of directors and/or its registered agent, LOI Response, Exhibits 5, 6. those filings do not appear to be accessible in the records of the Florida Secretary of State. In sum, in addition to the fact that MME has failed to prosecute its Application by responding fully, timely, and accurately to the Audio Division’s request for information, we find the narrative provided in the LOI Response—which remains unsupported by proper declarations and documentation—to be problematic, incomplete, and uncredible. Conclusion/Actions. For the reasons set forth above, IT IS ORDERED that the application for a construction permit for a new LPFM station at Hudson, Florida, filed by Money Matters Educational Inc., on December 13, 2023 (Application File No. 0000232727) IS DISMISSED pursuant to section 73.3566(b) and section 73.3568(a)(1) of the Commission’s Rules. 47 CFR §§ 73.3566(b), 73.3568(a)(1). Sincerely, Albert Shuldiner Chief, Audio Division Media Bureau