FCC Record, Volume 28, No. 1, Pages 1 to 975, January 2 - January 31, 2013 Page: 24
The following text was automatically extracted from the image on this page using optical character recognition software:
In reply, ADX clarifies its argument, explaining that "[w]hile it is of course true that... Cumulus
is not literally changing the station's 'home' status or effecting any change in the Arbitron Metro
boundary definition, there is no doubt that the voluntary change of community of license is changing the
station's status vis a vis the radio markets in which it is considered to be local." The fact that WDLT-
FM was "home" to the Mobile Metro for more than two years is irrelevant, ADX argues, because the
triggering change was not the inclusion of WDLT-FM as "home" to the Mobile Metro but its exclusion
from unrated, contour-defined markets.27 The key issue, according to ADX, is that Cumulus "effectively
removed the station from analysis in contour created [markets] and is requesting immediate credit for this
Discussion. Section 309(d)(1) of the Communications Act of 1934, as amended, (the "Act")
provides a two-step analysis for judging the adequacy of the Petitions.29 We must first determine whether
ADX has made specific allegations of fact that, if true, would demonstrate that grant of the Applications
would be primafacie inconsistent with the public interest.* These specific allegations must be supported
by the affidavit of a person with knowledge of the facts alleged, except for those of which we may take
official notice." If the specific allegations support aprimafacie case, we next examine and weigh all the
evidence presented, to determine whether "a substantial and material question of fact" is presented,32 ie.
"whether the totality of the evidence arouses a sufficient doubt on the point that further inquiry is called
for."33 We must also determine whether grant of the Applications would serve the public interest34
Compliance with Arbitron Metro numerical ownership limits. In 2003, the Commission adopted
a bright-line, geography-based definition for determining the boundaries of radio markets based on
commercial Arbitron Metro markets where they exist, stating that "[b]y applying the numerical limits of
the local radio ownership rule to a more rational market definition, we believe that, in virtually all cases,
the rule will protect against excessive concentration levels in local radio markets that might otherwise
threaten the public interest."35 Although we give a "hard look" to petitions alleging that a facially-
compliant transaction is not in the public interest,36 such petitions must still present specific allegations of
Z6 Pensacola Reply at 3; Mobile Reply at 5 (emphasis in original).
27 Pensacola Reply at 8.
28 Mobile Reply at 5 (emphasis in original).
29 47 U.S.C. 309(d)(1).
30 Id.; See also Citizens for Jazz on WRVR v. FCC, 775 F.2d 392, 395 (D.C. Cir. 1985) ("Citizens for Jazz").
3 47 U.S.C. 309(d)(1).
32 47 U.S.C. 309(d)(2).
3 Citizens for Jazz, 775 F.2d at 395.
4 47 U.S.C. 309(a); See also Astroline Communications Co. v. FCC, 857 F.2d 1556, 1561 (D.C. Cir. 1988).
31 Ownership Order, 18 FCC Rcd at 13813.
36 Id. at 13647.
Here’s what’s next.
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
United States. Federal Communications Commission. FCC Record, Volume 28, No. 1, Pages 1 to 975, January 2 - January 31, 2013, book, January 2013; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc171173/m1/39/: accessed July 24, 2019), University of North Texas Libraries, Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.