Federal Communications Commission                        FCC 13-20
Before the
Federal Communications Commission
Washington, D.C.  20554
In the Matter of )
)
MATINEE RADIO, LLC )
)
Application for Construction Permit ) File No. BNPH-20050103AAU
For Station KRTS(FM), Marfa, Texas ) Facility ID No. 164217
)
Application for Construction Permit ) File No. BNPH-20050103AAW
For Station KKUL-FM, Groveton, Texas ) Facility ID No. 164216
)
Application for Construction Permit ) File No. BNPH-20050103AAX
For Station KNOS(FM), Albany, Texas ) Facility ID No. 164214
)
Application for Construction Permit ) File No. BNPH-20050103AAY
For Station KTXO(FM), Goldsmith, Texas ) Facility ID No. 164215
)
Application for Construction Permit ) File No. BNPH-20050103AAZ
For Station KANM(FM), Magdalena, New Mexico ) Facility ID No. 164213
MEMORANDUM OPINION AND ORDER
Adopted:  February 15, 2013                                  Released:  February 15, 2013
By the Commission:
1. In this Memorandum Opinion and Order, we deny the Application for Review (“AFR”) 
filed by Matinee Radio, LLC (“Matinee”), applicant for five new FM broadcast stations in FM Broadcast 
Auction No. 37 (“Auction 37”).
1
  Matinee seeks review of the decision of the Media Bureau (“Bureau”) 
dated August 22, 2005, in which the Bureau denied Matinee’s Request for Declaratory Ruling that an 
auction applicant’s eligibility for a New Entrant Bidding Credit (“NEBC”) is frozen as of the deadline for 
the filing of a Form 175 in which it claims that credit and cannot be diminished or lost by the subsequent 
acquisition of an attributable interest in media of mass communications by the applicant or its attributable 
interest holders, and that Matinee was accordingly entitled to a 35 percent NEBC for its winning bids in 
Auction 37.
2
  The Bureau cited both existing case precedent and Auction 37 public notices to find that the 
                                                     
1
The above-captioned long-form applications were filed for the five permits for which Matinee was the winning 
Auction 37 bidder.  Matinee seeks the difference between the 35 percent new entrant bidding credit it claims and the 
amount of the bids it paid, net of a 25 percent credit.  Matinee subsequently assigned the permit for KRTS(FM) to 
Marfa Public Radio Corporation (File No. BAPH-20070911AAW) in 2007, and assigned the permits for KKUL-
FM, KNOS(FM), KTXO(FM), and KANM(FM) to Tango Radio, LLC, in 2008.  See File Nos. BAPH-
20080808ACT (KKUL-FM), BAPH-20080808ACR (KNOS(FM)), BAPH-20080808ACS (KTXO(FM)), and 
BAPH-20080808ACQ (KANM(FM)).
2
Matinee Radio, LLC, Letter, 20 FCC Rcd 13713 (MB 2005) (“Staff Decision”).
                                           Federal Communications Commission                        FCC 13-20
2
post-filing acquisition of an attributable interest in a radio station by two of Matinee’s attributable interest 
holders reduced its NEBC eligibility, and that Matinee had notice of that policy at the time that it 
participated in Auction 37.   
2. Upon review of the Application for Review and the entire record, we conclude that 
Matinee has not demonstrated that the Bureau erred.  The Bureau, in the Staff Decision, properly decided 
the matters raised, and we uphold its decision for the reasons stated therein.
3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 5(c)(5) of the 
Communications Act of 1934, as amended,
3
and Section 1.115(g) of the Commission’s rules,
4
the 
Application for Review IS DENIED.  
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch  
                    Secretary
                                                     
3
47 U.S.C. § 155(c)(5).
4
47 C.F.R. § 1.115(g).