FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,058
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Community College ("Roane")' on January 16, 2009 ("Roane Petition"); (2) a Petition for Reconsideration
of the dismissal of the CCB Application" filed by CCB on February 27, 2009 ("CCB Petition);2 and (3)
various related pleadings.' For the reasons set forth below, we deny the Roane Petition, grant in part the
CCB Petition, and grant the CSC Application.
Background. CSC, CCB, and four other parties filed mutually exclusive applications for NCE
FM stations at three different communities during the October, 2007 filing window. These applications
were subsequently designated MX Group No. 419. The staff tentatively selected the CSC Application
because it would provide a combined first or second NCE service to at least 5,000 people more than the
only other applicant in this MX Group that claimed eligibility for a fair distribution preference.s The CSC
Application was also accepted for filing, which triggered a 30-day period for parties to file petitions to
deny against the tentative selectee."
The timely filed Roane Petition contends that the CSC Application should be denied because: (1)
CSC has not submitted any evidence of its incorporation; (2) the William Morris Council #6645 of the
Knights of Columbus ("Morris Council"), as opposed to CSC, is the real party in interest in the CSC
Application; and (3) CSC made a false statement of a material fact regarding whether it is entitled for
credit as an "established local entity." In its Opposition, CSC claims that it is a corporation in good
standing in Tennessee, that CSC is the real party in interest, and that there has not been a
misrepresentation of a material fact.
Subsequent to the filing of the Roane Petition, the staff released a Public Notice announcing that
the CCB Application had been dismissed on January 23, 2009.' The CCB Petition contends that the CCB
Application was prematurely dismissed and requests that it be reinstated nunc pro tunc.
Discussion. Preliminary Issue: Dismissal/Reinstatement of CSC4 Application. On November 19,
2010, the staff dismissed the CSC Application because the proposal would cause prohibited overlap with
the protected service contours of Stations WZYZ(FM), Spencer, Tennessee, and WDVX(FM), Clinton,
Tennessee.s On December 7, 2010, CSC filed a petition for reconsideration of the dismissal of its
application and an amendment to the technical portion of its application purporting to eliminate the
' Roane is a competing applicant in MX Group 419 for a new NCE FM station at Crossville, Tennessee. See File
2 See Broadcast Actions, Public Notice, Report No. 46910 (Jan. 28, 2009) ("Public Notice").
These pleadings include an Opposition to Petition to Deny filed by CSC on January 29, 2009 ("CSC Opposition")
and a Reply to Opposition filed by Roane on February 6, 2009 ("Roane Reply").
4 See Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 3914 (MB
5 See Threshold Fair Distribution Analysis of 26 Groups of Mutually Exclusive Applications for Permits to
Construct New Or Modified Noncommercial Educational FM Stations Filed in October 2007 Window, 23 FCC Rcd
17983, 17995 50 (MB 2008) ("Fair Distribution Order"). Specifically, the CSC Application would provide a new
first or second NCE service to 23,413 people whereas the application of Way-FM Media Group, Inc. for a new NCE
FM station at Algood, Tennessee (File No. BNPED-20071018DEH) would provide a combined first or second NCE
service to 18,297 people.
6 See 47 C.F.R. 73.7004. See also Fair Distribution Order, 23 FCC Rcd at 18003 1 84.
7 Public Notice at 10.
n Letter to Catholic Social Club of Putnam County, Tennessee, Inc., Reference 1800B3 (MB Nov. 19, 2010).
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/230/: accessed May 26, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.