FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,063
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inconsistent with the certification. Moreover, the part of the exhibit that addresses CSC's basis for
claiming eligibility for the localism credit is consistent with the certification in the CSC Application.
Although the language used provides a more detailed basis for the localism credit, it reiterates that CSC
has been both an established and local entity for at least two years.37 Accordingly, we conclude that CCB
made no misrepresentation in its certification that it was entitled to receive a "local entity" credit.3"
CCB Petition. Relying upon language in the Fair Distribution Order,39 the CCB Petition
contends that the dismissal of the CCB Application was premature because it occurred prior to our
disposition of Roane's timely filed petition to deny, which sought to raise issues regarding the tentative
selectee's qualifications. We agree. The CCB Application should not have been dismissed prior to our
consideration of the issues raised in the Roane Petition against the tentative selectee. We will, therefore,
grant in part the CCB Petition. However, the premature dismissal of the CCB Application amounts to a
harmless error in view of our determination herein that the Roane Petition did not raise any substantial
and material question of fact regarding CSC's qualifications.40
Conclusion/Actions. Accordingly, IT IS ORDERED, that the Petition to Deny filed by Roane
Community College IS DENIED.
IT IS FURTHER ORDERED, that the Petition for Reconsideration filed by Cookeville Christian
Broadcasting IS GRANTED TO THE EXTENT INDICATED, AND IS DENIED IN ALL OTHER
37 Specifically, the exhibit states that '[t]he primary place of business for this applicant, listed on the first page of the
application, disclosed under the parties to the application, and evidenced in the attachments hereto, is (and has been
for at least the last two years) within 25 miles of the proposed community of license." CSC Application, Exhibit 2,
3s As a related matter, we note that Roane raises in its Reply another basis for questioning CSC's entitlement to a
local entity credit - that CSC, as an entity distinct from Morris Council, has not shown any community involvement.
See Roane Reply at 3. We will not, however, address this allegation because it constitutes impermissible "new
matter" that is not sufficiently related to matters raised in the CSC Opposition. See 47 C.F.R. 1.45(c) ("[t]he reply
shall be limited to matters raised in the opposition"). See also Industrial Business Corp., 26 R.R.2d 1447, 1449
(Rev. Bd. 1973) ("To allow the reply to thus serve the purpose of the original petition would be to ... effectively
render meaningless provisions in the rules for a fair opportunity by another party to respond to allegations ... .").
39 See Fair Distribution Order, 23 FCC Red at 18003 84 ("[i]f, after a 30 -day petition to deny period has run,
there is no substantial and material question concerning the grantability of the tentative selectee's application, we
intend by public notice TO DISMISS the mutually exclusive applications ... [including that of CCBJ").
"' See liaaii Public Radio, Inc., Letter. 25 FCC Red 3697 (MB 2010) (finding that dismissal ofa competing
application before action on a timely petition to deny against the tentative selectee was a harmless error in view of
the ultimate denial of the petition to deny).
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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/m1/235/: accessed May 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.