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 Federal  Communications  Commission  FCC  02-  88 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 PRESS  COMMUNICATIONS,  LLC,  (Assignor) 


 and 
 EMMIS  TELEVISION  LICENSE  CORPORATION  OF  ORLANDO 
 (Assignee) 
 For  Assignment  of  License  of  Station  WKCF(  TV),  Clermont,  Florida 


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 File  No.  BAPLCT-  990616IB  Facility  ID  No.  53465 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  March  20,  2002  Released:  April  10,  2002 
 By  the  Commission: 
 1.  The  Commission  has  before  it  a  timely  application  for  review  filed  by  Susan  Jaramillo  and  Joseph  Rey  (“  Petitioners”),  seeking  review  of  a  September  27,  1999,  letter  ruling  by  the 
 Chief,  Video  Services  Division,  Mass  Media  Bureau,  which  dismissed  their  petition  to  deny  the  above-  captioned  assignment  application.  1  In  that  letter,  the  Division  Chief  also  granted  the 
 subject  application  to  assign  the  license  of  station  WKCF(  TV),  Clermont,  Florida,  from  Press  Communications,  LLC  (“  Press”)  to  Emmis  Television  License  Corporation  of  Orlando 
 (“  Emmis”).  2 
 2.  In  their  petition  to  deny,  Petitioners,  principals  of  Rainbow  Broadcasting,  Ltd.  (“  Rainbow”),  the  former  permittee  of  station  WRBW(  TV),  Orlando,  Florida,  alleged  previously 
 raised  claims  that  Press  engaged  in  a  pattern  of  misrepresentations  to  the  Commission  in  an  attempt  to  prevent  Rainbow  from  competing  effectively  in  the  Orlando,  Florida  market.  The 
 Division  concluded  that  not  only  did  Jaramillo  and  Rey  not  have  standing  to  file  the  petition  to  deny,  but  that,  even  if  the  petitioners  did  have  standing,  their  allegations  failed  to  raise  a  prima 
 facie  case  or  a  substantial  or  material  question  concerning  Press’  qualifications  to  assign  the  license. 


 1  Letter  to  Bruce  A.  Eisen,  Esquire,  et  al,  from  Barbara  A.  Kreisman,  Chief,  Video  Services  Division  (September 
 27,  1999).  2 
 The  parties  consummated  that  transaction  on  October  29,  1999. 
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 Federal  Communications  Commission  FCC  02-  88 
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 3.  The  petitioners  now  allege  that  the  Division  erroneously  held  that  the  petitioners  were  without  standing.  Specifically,  they  allege  that  the  Division  failed  to  accord  them  party  status 
 although  they  claimed  they  were  residents  within  the  service  area  and  viewers  of  WKCF.  They  maintain  that  even  if  the  Commission  were  to  conclude  that  Jaramillo  and  Rey  had  failed  to 
 demonstrate  personal  economic  injury  as  a  result  of  the  WKCF(  TV)  assignment  application,  their  allegations  “were  surely  enough  to  invoke  the  Commission’s  jurisdiction  and  to 
 accommodate  standing  in  this  case.”  As  to  the  substance  of  those  allegations,  they  allege  that  the  Division’s  decision  was  arbitrary  and  capricious  in  that  it  did  not  address  the  petitioners’  claims 
 regarding  Press’  qualifications. 
 4.  Discussion.  As  an  initial  matter,  we  agree  with  the  petitioners’  assertion  that  they  had  standing  to  file  a  petition  to  deny  the  assignment  application  as  residents  within  WKCF’s  service 
 area  and  as  more  than  mere  transient  listeners  of  the  station.  See  The  Curators  of  the  University  of  Missouri,  16  FCC  Rcd  1174,  1175  (2001);  CHET-  5  Broadcasting,  L.  P.,  14  FCC  Rcd  13041, 
 13042  (1999).  Nevertheless,  despite  its  erroneous  conclusion  with  respect  to  standing,  the  Division  did  fully  consider  and  address  the  merits  of  the  petitioners’  allegations.  Therefore,  we 
 conclude,  for  the  reasons  set  forth  by  the  Division,  that  these  petitioners  did  not  raise  a  substantial  and  material  question  of  fact  under  Section  309(  d)(  1)  of  the  Communications  Act  of 
 1934,  as  amended,  47  U.  S.  C.  §  309(  d)(  1)  regarding  Press’  qualifications  to  assign  the  WKCF  license  or  Emmis’  qualifications  to  hold  the  license.  Accordingly,  we  find  that  no  basis  exists  to 
 warrant  reversal  of  the  grant  of  the  WKCF  assignment  application. 
 5.  Accordingly,  IT  IS  ORDERED  that  the  application  for  review  filed  by  Susan  Jaramillo  and  Joseph  Rey  IS  GRANTED  to  the  extent  indicated  herein,  AND  DENIED  in  all 
 other  respects. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 William  F.  Caton  Acting  Secretary 
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