Federal Communications Commission FCC 16-45
STATEMENT OF
COMMISSIONER AJIT PAI
Re: La Casa Dominicana de Hazleton, Inc., Application for New LPFM Station at Hazleton, 
Pennsylvania, File No.: BNPL-20131114BBX, Facility ID No. 195125.
I agree with the Commission that the Applicant underwent a prohibited major change of control 
in violation of section 73.871(c)(3) of the Commission’s rules.
1
  Specifically, the Applicant’s new 
fourteen-member board included only three members of its original board as a result of internal conflict 
and the expulsion of certain members.  Thus, the original board members retained far less than a majority 
ownership interest (21.4%) in the organization while its LPFM application was pending with the 
Commission.
Earlier this year, I expressed concern about our rule requiring dismissal of a nonprofit 
organization’s radio station application when a majority of a board’s membership changes hands.
2
  Board 
members, who are generally volunteers leading busy lives, decide to resign for a variety of reasons or 
their terms expire.  And if such routine turnover results in the majority of a board’s membership changing 
while an organization has an application pending with the Commission, that application should not be 
dismissed.  After all, it is not the Commission’s job to micromanage the day-to-day governance of 
nonprofit organizations.
Here, however, the change in the Applicant’s board membership was not the result of routine 
turnover.  And when there are such substantial changes to the board as the result of a battle for control of 
the organization, I believe that dismissing an applicant’s permit is not only mandated by the 
Commission’s rules, it is also the correct policy outcome.
                                                     
1
47 C.F.R. § 73.871(c)(3).
2
See NCE October 2007 Window MX Group 543 in re Application of the KBOO Foundation for a New NCE(FM) 
Station, Chehalis, Washington, Facility ID No. 173822, File No. BNPED-20071019ARU, Memorandum Opinion 
and Order, FCC 16-10, at 4 (Feb. 2, 2016) (Statement of Commissioner Ajit Pai).