[Federal Register Volume 78, Number 177 (Thursday, September 12, 2013)]
[Rules and Regulations]
[Pages 56170-56171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22211]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 02-199; RM-10514; FCC 13-114]


Radio Broadcasting Services; Magnolia, Arkansas; and Oil City, 
Louisiana

AGENCY: Federal Communications Commission.

ACTION: Final rule; denial of application for review.

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SUMMARY: In this document, the Federal Communications Commission 
(``Commission'') denies an Application for Review filed by Access.1 
Louisiana Holding Company, LLC (``Access.1'') of a Memorandum Opinion 
and Order of the Media Bureau (``Bureau'') in this proceeding, which 
denied Access.1's Petition for Reconsideration of an earlier Bureau 
action, granting the reallotment,

[[Page 56171]]

class downgrade, and change of community of license of Station KQHN(FM) 
from Magnolia, Arkansas, to Oil City, Louisiana. The document finds 
that the Bureau did not err in approving the relocation of this FM 
station.

FOR FURTHER INFORMATION CONTACT: Andrew J. Rhodes, Media Bureau, (202) 
418-2700.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Memorandum Opinion and Order, FCC 13-114, MB Docket No. 02-199, RM-
10514, adopted August 14, 2013, and released August 16, 2013. The full 
text of this document is available for inspection and copying during 
normal business hours in the FCC Reference Information Center (Room CY-
A257), 445 12th Street SW., Washington, DC 20554. The complete text of 
this document may also be purchased from the Commission's copy 
contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street 
SW., Room CY-B402, Washington, DC 20554, telephone 1-800-378-3160 or 
www.BCPIWEB.com.
    In the Report and Order in this proceeding, the Bureau granted a 
Petition for Rule Making filed by Cumulus Licensing, LLC's predecessor 
in interest (``Cumulus'') as licensee of Station KQHN(FM) for a 
downgrade in class of channel, and change of community of license for 
the station from Channel 300C1 at Magnolia, Arkansas, to Channel 300C2 
at Oil City, Louisiana, See 70 FR 19337, April 13, 2005. In the 
Memorandum Opinion and Order, the Bureau affirmed the grant and 
concluded that the relocation of the station to Oil City did not 
constitute a ``move-in'' to the Shreveport, Louisiana, Urbanized Area 
because Cumulus had demonstrated that Oil City is sufficiently 
independent of the Shreveport Urbanized Area to warrant a first local 
service preference under the then-existing Tuck test. See 69 FR 8333, 
February 24, 2004.
    On review, the Commission finds that the Bureau did not err in (1) 
determining that Oil City was independent of Shreveport; (2) declining 
to adopt Acceess.1's proposed processing policy of requiring a 
certification by a community of license modification proponent that it 
will not select a site that would provide substantial service to an 
urbanized area; and (3) finding that the proposed reallotment would 
serve the public interest. The Commission upholds those decisions for 
the reasons stated in the Memorandum Opinion and Order.
    However, the Commission states that some additional discussion is 
warranted regarding the remaining issues raised by Access.1. Most 
importantly, the Commission finds that Cumulus had not engaged in 
misrepresentation and/or had not shown a lack of candor as to whether 
its proposal would be a ``move-in'' to the Shreveport Urbanized Area. 
The Commission explains that under the then-existing procedures, 
Cumulus was permitted to specify at the rule making stage reference 
coordinates of a theoretical fully spaced site and later in the 
implementing application to specify a different site. Absent any 
extrinsic evidence to the contrary, which Access.1 did not produce, the 
Commission concludes that a misrepresentation or lack of candor 
allegation based on the specification of a different application site 
is speculative.
    This document is not subject to the Congressional Review Act. (The 
Commission, is, therefore, not required to submit a copy of the 
Memorandum Opinion and Order to GAO, pursuant to the Congressional 
Review Act, see 5 U.S.C. 801(a)(1)(A) because the Application for 
Review was denied.)

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2013-22211 Filed 9-11-13; 8:45 am]
BILLING CODE 6712-01-P