*Pages 1--2 from  Microsoft Word - 39105*
 Federal  Communications  Commission  FCC  04-  93 
 Before  the  FEDERAL  COMMUNICATIONS  COMMISSION 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 AMFM  RADIO  LICENSES,  L.  L.  C. 
 Licensee  of  Station  WIHT(  FM),  Washington,  D.  C. 


 )  ) 
 )  ) 
 )  ) 
 File  No.  EB-  02-  IH-  0737  NAL/  Acct.  No.  200432080019 
 FRN  No.  0001656586  Facility  ID  No.  25080 


 ORDER 
 Adopted:  April  13,  2004  Released:  June  10,  2004 
 By  the  Commission:  Commissioner  Copps  issuing  a  statement. 
 1.  In  this  Order,  we  grant  reconsideration  on  our  own  motion,  pursuant  to  section  1.108  of  the  Commission’s  rules,  1  of  our  Notice  of  Apparent  Liability  for  Forfeiture  in  this 


 proceeding  (“  NAL”),  released  today.  2  Shortly  after  adoption  of  the  NAL,  the  staff  discovered  and  reported  to  us  that,  because  of  a  clerical  error,  the  statute  of  limitations  expired  in  this  case  on 
 October  30,  2003.  3  Accordingly,  we  cancel  the  NAL. 
 2.  Accordingly,  pursuant  to  section  503(  b)  of  the  Act  4  and  section  1.108  of  the  Commission’s  rules,  5  the  NAL  is  hereby  cancelled. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Marlene  H.  Dortch  Secretary 


 1  47  C.  F.  R.  §  1.  108  provides  that  the  Commission  may,  on  its  own  motion,  set  aside  any  action  made  or 
 taken  within  30  days  from  the  date  of  public  notice  of  such  action,  as  that  date  is  defined  in  section  1.4  of  the  Commission’s  rules. 


 2  See  AMFM  Radio  Licenses,  L.  L.  C.  (WIHT(  FM)),  Notice  of  Apparent  Liability  for  Forfeiture,  FCC  04-  35 
 ___  FCC  Rcd  ___  (rel.  June  9,  2004  ). 
 3  The  NAL  was  issued  outside  of  the  statute  of  limitations  specified  in  section  503(  b)(  6)  of  the 
 Communications  Act  of  1934,  as  amended  (the  “Act”).  See  47  U.  S.  C.  §  503(  b)(  6). 
 4  47  U.  S.  C.  §  503(  b). 


 5  47  C.  F.  R.  §  1.108. 
1
 Federal  Communications  Commission  FCC  04-  93 
 2 
 STATEMENT  OF  COMMISSIONER  MICHAEL  J.  COPPS 
 Re:  AMFM  Radio  Licenses,  L.  L.  C.,  Licensee  Station  WIHT(  FM),  Washington,  D.  C. 
 In  this  case,  the  Commission  adopted  a  Notice  of  Apparent  Liability  against  Clear  Channel  for  violating  the  statutory  prohibition  against  broadcasting  indecent  material.  The 
 Commission  subsequently  learned  that  the  statutory  deadline  had  passed  last  fall  when  the  station’s  license  was  renewed.  This  case  highlights  the  need  to  address  complaints  filed  with  the 
 Commission  expeditiously. 
 In  addition,  I  have  been  calling  for  the  Commission  to  establish  an  effective  license  renewal  process  under  which  the  Commission  would  once  again  actually  consider  the  manner  in 
 which  a  station  has  served  the  public  interest.  One  aspect  of  that  consideration  should  include  complaints  filed  by  the  public.  It  is  unfortunate  that  in  this  instance  a  license  was  renewed  while 
 a  pending  complaint  remained  unaddressed.  Going  forward,  the  Commission  should  not  only  ensure  that  all  complaints  have  been  addressed  before  a  license  is  renewed,  but  we  should  also 
 conduct  a  more  thorough  examination  of  how  stations  are  meeting  their  public  interest  responsibilities  over  the  term  of  their  licenses. 
2