FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,059
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overlaps to WZYZ(FM) and WDVX(FM). The staff reviewed the amendment and determined that it
cured the defect and did not diminish CSC's fair distribution preference.9 The staff therefore granted the
petition for reconsideration and reinstated the CSC Application nunc pro tunc on January 6, 2011 .'" We
therefore consider the merits of the Roane Petition.
Roane Petition. Pursuant to Section 309(d) of the Communications Act of 1934, as amended
("the Act")," a petition to deny must provide properly supported allegations of fact that, if true, would
establish a substantial and material question of fact that grant of the application would be prima facie
inconsistent with Section 309(a).'2
Incorporation. The Roane Petition claims that CSC has not demonstrated that it is eligible to be a
Commission licensee because it has not submitted its articles of incorporation, date, or other evidence of
incorporation. In its Opposition, CSC contends that incorporation is not a requirement for NCE
applicants but submits a printout from the Tennessee Secretary of State, showing that CSC was
incorporated in Tennessee on September 25, 2000 and has a nonprofit status."
We find that no substantial and material question of fact has been raised regarding CSC's
organizational eligibility to be a licensee of an NCE FM station. Roane has provided no basis for
questioning CSC's corporate status other than a general allegation that CSC has not submitted its articles
of incorporation."4 Applicants for NCE FM stations are not required to submit evidence of incorporation.
Rather, they simply certify whether or not they are a "nonprofit educational organization."" CSC certified
as to its nonprofit educational status and, moreover, provided evidence that it was incorporated in
September 2000 in Tennessee and has a nonprofit status. Accordingly, we reject Roane's argument
concerning CSC's eligibility.
9 See 47 C.F.R. 73.3522(b)(l) (if any fair distribution selectee's application is determined to be unacceptable, "the
application will be returned and the Selectee will be provided one opportunity for curative amendment by filing a
petition for reconsideration requesting reinstatement of the application. All amendments filed in accordance with
this paragraph must be minor and must not alter the [fair distribution] preference.") The amended CSC Application
would provide a combined first or second NCE service to 25,424 persons, an increase of 2,011 persons over its
original proposal. We will not, of course credit CSC with this post-filing window improvement in its comparative
position. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures for October 12
- October 19, 2007 Window; Limited Application Filing Freeze to Commence on ,September 8. 2007, Public Notice,
22 FCC Rcd 15050, 15052 (MB 2007) ("the Commission will not take into account any enhancement in an
applicant's comparative position after the close of the window"). Nevertheless, CSC continues to provide a
combined first of second SCE service to at least 5,000 more persons than the only other applicant claiming
eligibility for a fair distribution preference. See n.5. supra.
1o See Broadcast Actions, Public Notice, Report No. 27400 at 10 (Jan. 11, 2011).
" 47 U.S.C. 309(d).
'2 See, e.g., WWOR-TV, Inc., Memorandum Opinion and Order. 6 FCC Rcd 193, 197 n.10 (1990), af'd sub nom.
Garden State Broadcasting L.P. v. FCC, 996 F.2d 386 (D.C. Cir. 1993), reh 'g denied (Sept. 10, 1993): Area
Christian Television, Inc., Memorandum Opinion and Order, 60 RR 2d 862, 864 (1986) (petitions to deny must
contain adequate and specific factual allegations sufficient to warrant the relief requested).
3 CSC Opposition, Exhibit B.
"4 See, e.g., Way of Life Radio, Memorandum Opinion and Order, 23 FCC Rcd 2453, 2454-55 (2008) (determining
that a mere allegation by an informal objector that an applicant for a new LPFM station had failed to provide its
articles of incorporation is insufficient to rebut a certification by applicant that it was incorporated).
1 See FCC Form 340, Section II, Question 2. See also Instructions for FCC 340 at 4.
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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/m1/231/: accessed December 16, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.