FCC 92R-13 Federal Communications Commission Record 7 FCC Red No. 3 
Before the 
Federal Communications Commission 
Washington, D.C. 20554 
MM Docket No. 87-426 
In re Applications of 
SHAWN PHALEN 
ELLWOOD BEACH 
BROADCASTING, LTD. 
SPIRIT 
BROADCASTING 
JAMES EVANS 
For Construction Permit for 
New FM Broadcast Station at 
Montecito, California 
File No. BPH-851231MO 
File No. BPH-851231MS 
File No. BPH-851231MZ 
File No. BPH-851231MR 
MEMORANDUM OPINION AND ORDER 
Adopted: January 24, 1992; Released: January 30, 1992 
By the Review Board: MARINO (Chairman). and 
BLUMENTHAL. 
1. In our ,\1emorandum Opinion and Order. FCC 92R-l. 
released January 23, 1992. we indicated that the initial 
decision in Salinas Broadcasting Limited Partnership. 4 
FCC Red 2762 (1989) had not been appealed. See MO&O 
at paras. 23-24 & n.28. This was incorrect. see 5 FCC Red 
1613 (Rev. Bd. l 990)(remanding on site issue(s) against 5 
applicants). 
2. As the Commission has done. we will leave to the 
sound discretion of the AU the question of whether to 
examine Stanfield's conduct in the Salinas proceeding 
under Issue (1 ), even though Salinas remains subject to 
further review. See Carmel Broadcasting Limited Partner­
ship, 6 FCC Red 3287 ( 1991 )(Comm ˇn declines to delete 
issue based upon principal's conduct in another proceed­
ing yet under administrative appeal). 1 
3. ACCORDINGLY. IT IS ORDERED. That the l\femo­
randum Opinion and Order, FCC 92R-l. released January 
23, 1992. IS MODIFIED as indicated above. 2 
FEDERAL COMMUNICATIONS COMMISSION 
Norman B. Blumenthal 
Member. Review Board 
896 
FOOTNOTES 
1 As the Commission has explained: 
An initial decision is not a mere report to be arbitrarily 
disregarded. In the absence of review, the initial decision 
is the decision of the agency. Section 557(b) of the Ad­
ministrative Procedure Act. Even when review is granted, 
the initial decision must be taken into account by the 
agency and when necessary by a reviewing court. 
Stero Broadcasting, Inc., 74 FCC 2d 543, 546 (1979). 
2 In order to avoid delay, pre-publication copies of this order 
have been made available to the AU and the parties.