FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,060
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Real Party in Interest. Next, Roane contends that the real party in interest'6 to the CSC application
is the Morris Council, the local chapter of the Knights of Columbus in Putnam County, and that
insufficient information was provided to determine whether the Morris Council and its members are
eligible to be a Commission licensee. In support of this position, Roane refers to several sections of the
CSC by-laws, providing that (1) CSC is an "adjunct" of the Morris Council; (2) members of CSC shall
be members of the Morris Council and shall have one vote; (3) the CSC Board of Directors shall include
the Grand Knight, Deputy Grand Knight, and Trustees of the Morris Council by reason of their offices in
the Morris Council; and (4) the CSC Board of Directors is under the general supervision of the officers of
the Morris Council and these officers may remove any CSC director.'7 Roane contends that these by-laws
establish the Morris Council as the real party in interest to the CSC application and that information must
be provided regarding the citizenship, other broadcasting interests, and character-related misconduct of
the Morris Council and its members to determine its qualifications to hold the Cookeville permit.
CSC argues in its Opposition that the relationship between CSC and the Morris Council was
previously disclosed in the CSC Application'" and does not raise a real party in interest issue.
Specifically, CSC states that the Knights of Columbus is an international, Catholic fraternal organization
comprised of local, unincorporated associations, known as councils, and that the internal rules of the
international association prevent any of these local councils from owning real property or operating a
business such as a radio station unless the members incorporate and own such assets through a
corporation established for this purpose. As a result, CSC explains that it was created by the Morris
Council to act as its "home corporation" and that the members of the Morris Council simultaneously elect
officers and directors to manage both the unincorporated Morris Council and the CSC corporation. Under
these circumstances, CSC believes that there are no other parties to disclose because the officers and
directors in question are identical and hold their roles in the corporation by virtue of their corresponding
role in the unincorporated council. In addition, CSC disagrees with Roane's contention that it should be
required to list every member of the Morris Council, as opposed to the officers and directors that those
members elect. CSC states that memberships in Knights of Columbus Councils frequently number in the
hundreds and asserts that such a level of inquiry would be too burdensome.
We find that Roane has not raised a substantial and material question of fact regarding whether
the Morris Council is a real party in interest in the CSC Application. The Commission has held that "it is
an abuse of process to specify a surrogate to apply for a station so as to deny the Commission and the
public the opportunity to review and pass on the qualifications of that party."'9 "The test for determining
whether a third person is a real party in interest is whether that person has an ownership interest, or is or
will be in a position to actually or potentially control the operation of the station.'"2 Questions of de facto
'~ A real party in interest is a third party that "has an ownership interest or is or will be in a position to actually or
potentially control the operation of the station." See Astroline Communications Co. v. FCC, 857 F.2d 1556, 1564
(D.C. Cir. 1988), quoting KOWL, Inc., Memorandum Opinion and Order, 49 FCC 2d 962,9664 (Rev. Bd. 1974)
'7 Roane Petition at 1-2.
' CSC Application, Exhibit 2.
9 Ronald Brasher, Decision, 19 FCC Red 18463. 18477 (2004), quoting Arnold L Chase, Decision, 5 FCC Rcd
1642, 1643 9 (1990).
20 KOIL, 49 FCC 2d at 964.
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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/m1/232/: accessed March 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.