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 Federal  Communications  Commission  FCC  03-  216 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  matter  of 
 Roberds  Broadcasting,  Inc.  Assignor 


 and 
 Cumulus  Licensing  Corp.  Assignee 


 For  Consent  to  Assignment  of  License  of  WGOK(  AM),  Mobile,  AL 


 WYOK  Licenses,  LLC  Assignor 
 and 
 Cumulus  Licensing  Corp.  Assignee 


 For  Consent  to  Assignment  of  License  of  WYOK(  FM),  Atmore,  AL 


 M&  F  Associates,  L.  P.  Transferor 
 and 
 Cumulus  Media,  Inc.  Transferee 


 For  Consent  to  Transfer  Control  of  Licenses  of  WDLT(  AM),  Fairhope,  AL;  WDLT-  FM, 
 Chickasaw,  AL;  and  WBLX-  FM,  Mobile,  AL 


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 File  No.  BAL-  19990712GX 
 File  No.  BALH-  19990712GW 
 File  Nos.  BTC/  BTCH-  19990622GU-  GX 


 1  At  the  time  the  applications  were  filed,  the  station’s  call  sign  was  WWRO(  FM).  The  change  to  WJLQ(  FM)  was 
 effective  September  26,  2000. 
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 Federal  Communications  Commission  FCC  03-  216 
 2 
 Coast  Radio,  L.  C.  Assignor 
 and 
 Cumulus  Licensing  Corp.  Assignee 


 For  Consent  to  Assignment  of  Licenses  of  WCOA(  AM)  and  WJLQ(  FM),  1  Pensacola,  FL 


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 File  Nos.  BAL/  BALH-  19990702GG-  GH 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  August  27,  2003  Released:  September  2,  2003 
 By  the  Commission: 


 1.  The  Commission  has  under  consideration  three  Applications  for  Review  filed  by  Lyn  Communications,  Inc.  (“  Lyn”),  licensee  of  station  WQUA(  FM),  Citronelle,  Alabama,  contesting  three 
 decisions  by  the  Chief,  Audio  Services  Division,  Mass  Media  Bureau  (the  “Staff  Decisions”).  As  explained  further  below,  each  of  the  Staff  Decisions  denied  a  Petition  to  Deny  filed  by  Lyn  (collectively, 
 the  “Petitions”).  As  matters  raised  in  the  three  Applications  for  Review  are  essentially  identical,  we  consolidate  our  resolution  of  them  in  this  Memorandum  Opinion  and  Order. 


 Background 
 2.  Lyn  filed  two  Applications  for  Review  on  November  17,  1999.  One  requested  review  of  an  October  18,  1999,  decision  that  denied  Lyn’s  September  15,  1999,  Petition  to  Deny  and  granted  the 


 applications  assigning  the  license  of  station  WGOK(  AM),  Mobile,  Alabama,  from  Roberds  Broadcasting,  Inc.,  and  the  license  of  station  WYOK(  FM),  Atmore,  Alabama,  from  WYOK  Licenses,  LLC,  to  Cumulus 
 Licensing  Corp.  (“  Cumulus  Licensing”).  2  The  second  Application  for  Review  requested  review  of  a  decision  issued  October  18,  1999,  denying  Lyn’s  August  9,  1999,  Petition  to  Deny  and  granting  the 
 application  for  transfer  of  control  of  April  Broadcasting,  Inc.  (“  ABI”),  the  licensee  of  stations  WDLT(  AM),  Fairhope,  Alabama,  WDLT-  FM,  Chickasaw,  Alabama,  and  WBLX-  FM,  Mobile,  Alabama, 
 from  M&  F  Associates,  L.  P.  to  Cumulus  Media,  Inc.  3  (collectively  with  Cumulus  Licensing,  “Cumulus”).  Lyn  filed  a  third  Application  for  Review  on  November  22,  1999,  requesting  review  of  an  October  25, 
 1999,  decision  that  denied  Lyn’s  September  13,  1999,  Petition  to  Deny  and  granted  the  applications  assigning  the  licenses  of  stations  WCOA(  AM)  and  WJLQ(  FM),  4  Pensacola,  Florida,  from  Coast  Radio, 


 2  Letter  to  William  H.  Crispin,  Esq.,  Ref.  No.  1800B3-  ALB  (MMB  October  18,  1999)  (regarding  WGOK(  AM)  and 
 WYOK-  FM).  3 
 Letter  to  William  H.  Crispin,  Esq.,  Ref.  No.  1800B3-  ALB  (MMB  October  18,  1999)  (regarding  WDLT(  AM),  WDLT-  FM  and  WBLX-  FM). 


 4  See  supra  note  1. 
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 L.  C.  to  Cumulus  Licensing.  5  Cumulus  filed  a  Consolidated  Opposition  to  all  three  Applications  for  Review  on  December  7,  1999. 
 3.  In  each  of  its  Petitions,  Lyn  had  argued  that  the  Commission  should  designate  the  particular  application(  s)  at  issue  (collectively  as  captioned  above,  the  “Alabama/  Florida  Applications”)  for 
 hearing  or  defer  action  pending  resolution  of  allegations  against  Cumulus  raised  by  Davis  Broadcasting,  Inc.  (“  Davis”).  Davis  had  filed  a  Petition  to  Deny  (the  “Davis  Petition”)  in  a  proceeding  that  proposed 
 assignment  of  licenses  of  stations  WSTH-  FM,  Alexander  City,  Alabama,  and  WDAK(  AM),  Columbus,  Georgia,  from  Solar  Broadcasting  Company,  Inc.  (“  Solar”)  to  Cumulus  Licensing  (“  the  Columbus 
 Proceeding”).  6  The  Staff  Decisions  found  that  Lyn’s  Petitions  merely  restated  issues  raised  in  the  Davis  Petition  and  failed  to  raise  new  or  separate  allegations  against  Cumulus.  Moreover,  the  staff  noted,  none 
 of  the  issues  raised  by  the  Davis  Petition  was  specific  to  the  Alabama/  Florida  Applications.  The  Staff  Decisions  found  that  Lyn  failed  to  submit  specific  allegations  of  fact  showing  that  grant  of  any  of  the 
 Alabama/  Florida  Applications  would  be  prima  facie  inconsistent  with  the  public  interest.  7  In  granting  the  Alabama/  Florida  Applications,  the  Staff  Decisions  stated  that  Lyn’s  concerns,  as  raised  in  the  Davis 
 Petition,  were  to  be  addressed  in  the  Columbus  Proceeding.  8 
 4.  Lyn’s  three  Applications  for  Review  reiterate  the  request  to  designate  the  Alabama/  Florida  Applications  for  hearing  or,  alternatively,  defer  action  pending  resolution  of  issues  raised 


 by  the  Davis  Petition.  Lyn  asserts  that  without  such  resolution,  the  Commission  may  not  determine  that  Cumulus  is  qualified  as  a  licensee  with  respect  to  the  stations  at  issue  in  the  Alabama/  Florida  Applications. 


 Discussion 
 5.  Lyn’s  arguments  have  already  been  resolved  in  the  Commission’s  decision  in  the  Columbus  Proceeding.  In  Solar  Broadcasting  Company,  Inc.  (the  “Columbus  Order”),  9  the  Commission 


 granted  Cumulus’s  request  to  dismiss  the  applications  at  issue  in  the  Columbus  Proceeding.  10  Such  dismissal  rendered  the  Davis  Petition  moot.  11  The  Commission  nevertheless  elected  in  the  Columbus 
 Order  to  address  Davis’  allegations  against  Cumulus.  12  The  Commission  found  that  the  facts  alleged  by 
 5  Letter  to  William  H.  Crispin,  Esq.,  Ref.  No.  1800B3-  ALB  (MMB  October  25,  1999)  (regarding  WCOA(  AM)  and 
 WJLQ(  FM)).  6 
 File  Nos.  BAL-  19990204EB  and  BALH-  19990204EC.  Davis  filed  its  Petition  on  April  7,  1999. 
 7  See  47  U.  S.  C.  §  309(  d)(  1). 


 8  See  generally  Policy  Regarding  Character  Qualifications  in  Broadcast  Licensing,  102  F.  C.  C.  2d  1179,  1223-  25 
 (1986),  recon.  granted  in  part,  denied  in  part,  1  FCC  Rcd  421  (1986)  (stating  that  if  the  Commission  has  not  as  an  initial  matter  found  that  allegations  are  likely  to  impact  future  operations  of  other  stations,  there  is  generally  no 


 reason  to  defer  consideration  of  other  assignment  or  transfer  of  control  applications). 
 9  17  FCC  Rcd  5467  (2002).  In  the  Columbus  Order,  the  Commission  consolidated  a  closely  related  transaction 
 involving  the  assignment  of  six  Columbus-  area  stations  from  Cumulus  to  Clear  Channel  Broadcasting  Licenses,  Inc.  with  a  transaction  involving  the  assignment  of  WSTH-  FM  and  WDAK(  AM)  from  Solar  to  Cumulus.  Davis  filed 


 Petitions  to  Deny  against  both  the  Solar-  to-  Cumulus  and  the  Cumulus-  to-  Clear  Channel  applications.  When  referencing  the  Davis  Petition  in  the  three  Applications  for  Review,  however,  Lyn  addresses  only  the  Petition  to 
 Deny  filed  by  Davis  against  the  Cumulus  application  to  acquire  stations  WSTH-  FM  and  WDAK(  AM)  from  Solar. 
 10  Columbus  Order,  17  FCC  Rcd  at  5468. 


 11  Id.  at  5471,  n.  19. 


 12  Id. 
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 Davis,  even  if  considered  true,  did  not  establish  a  prima  facie  case  that  Cumulus  had  engaged  in  an  unauthorized  transfer  of  control  13  or  that  Cumulus  had  made  any  disqualifying  misrepresentations  to  the 
 Commission  in  the  Columbus  Proceeding.  14  The  Commission  also  found  that  Davis  failed  to  raise  a  substantial  and  material  question  of  fact  concerning  Cumulus’s  alleged  predatory  pricing  and  other  anti-competitive 
 behavior  15  or  Cumulus’s  alleged  disqualifying  conduct  with  respect  to  a  pending  application  for  a  new  FM  broadcast  construction  permit.  16  No  issues  regarding  disqualifying  misconduct  or 
 Cumulus’s  basic  qualifications  as  a  licensee  were  designated  for  hearing  in  the  Columbus  Order;  the  Commission  found  Cumulus  qualified  to  be  a  licensee.  17  The  U.  S.  Court  of  Appeals  for  the  District  of 
 Columbia  Circuit,  on  May  16,  2003,  affirmed  the  Columbus  Order  and  denied  Davis’  appeal  of  it.  18  In  its  Applications  for  Review,  Lyn  provides  no  new  evidence  in  support  of  the  claims  raised  in  the  Petitions, 
 nor  does  Lyn  make  any  new  allegations  against  Cumulus.  In  light  of  the  foregoing,  we  find  that  the  issues  raised  in  Lyn’s  Application  for  Review  are  moot. 


 6.  Accordingly,  IT  IS  ORDERED,  That  the  Applications  for  Review  filed  by  Lyn  Communications,  Inc.  on  November  17,  1999,  and  the  Application  for  Review  filed  by  Lyn 
 Communications,  Inc.  on  November  22,  1999,  ARE  HEREBY  DISMISSED  AS  MOOT. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Marlene  H.  Dortch  Secretary 


 13  Id.  at  5486-  89,  ¶¶  71,  74  &  78. 
 14  Id.  at  5490-  91,  ¶¶  81-  82. 
 15  Id.  at  5484-  85,  ¶¶  64-  65. 
 16  Id.  at  5492,  ¶  83  (addressing  certain  allegations  by  Davis  against  an  application  filed  by  Signature  Broadcasting 
 Ltd.  for  a  new  facility  in  Cusseta,  GA  (File  No.  BPH-  19930701ME)  and  finding  that  Davis  had  not  raised  a  substantial  and  material  question  of  fact  regarding  Cumulus’  basic  qualifications). 


 17  Id.  at  5493,  ¶  86. 
 18  Davis  Broadcasting,  Inc.  of  Columbus  v.  FCC,  Docket  No.  02-  1109  (D.  C.  Cir.  May  16,  2003)  (per  curiam).  The 
 Court  found  that  Davis  presented  no  substantial  and  material  question  of  fact  requiring  the  Commission  to  conduct  an  evidentiary  hearing  on  the  issues  raised  in  Davis’  Petition. 
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