FCC Denies Stolz Petition in ETM Sacramento Renewal

RADIO ONLINE | Monday, September 11, 2017

The Media Bureau has denied a Petition for Reconsideration filed on February 17, 2017, by Edward Stolz II seeking reconsideration of the Bureau's Letter Decision denying Stolz's informal objections and granting Entercom Communications license renewal of five stations in Sacramento for the license terms ending December 1, 2005 and December 1, 2013.

Stolz filed procedurally defective petitions to deny the 2005 and 2013 Renewal Applications on November 1, 2005, and November 1, 2013, respectively, arguing that Entercom had shown a "willful and reckless disregard" for the Commission's rules as evidenced by the many Notices of Apparent Liability and Letters of Inquiry it received. He also maintained that the company violated the statutory prohibition on indecency on multiple occasions and violated the Commission's multiple ownership rules in its "unlawful" acquisition of KUDL-FM/Sacramento. In

Following the Letter Decision, Entercom voluntarily relinquished the license and other authorizations for KDND-FM Sacramento which had previously been designated for evidentiary hearing on issues relating to the death of a contestant in a station-conducted promotional contest. Entercom filed an Opposition to the Petition on March 2.

The Bureau in the Letter Decision found that Stolz lackedstanding to file a petition to deny. Stolz claimed to have party in interest status because he owned a residence within KUDL-FM's service contour and listened to the station when he is there, with no indication of how regularly he occupied this residence. The Bureau found that Stolz's contacts with the stations, at most, were transient.

In his Petition, Stolz argued that by surrendering the license for KDND-FM, Entercom evaded having to demonstrate that it "possessed the basic character qualifications" to be a Commission licensee and "that grant of the KDND renewal of license applications would serve the public interest, convenience and necessity." Stolz avers that the Entercom Relinquishment Order presents new facts or changed circumstances which warrant reconsideration. Stolz also challenged the staff's determination that he lacked standing to file a petition to deny.

In its opposition, Entercom argued the Petition should be dismissed or denied because "Stolz lacks standing and fails to identify any error in the [Letter Decision] or otherwise provide any basis sufficient to warrant reconsideration."

The Commission said it will consider a petition for reconsideration only when the petitioner shows either a material error in the Commission's original order, or raises additional facts, not known or existing at the time of the petitioner's last opportunity to present such matters. If the petitioner is not a party to the proceeding, it must state with particularity the manner in which its interests are adversely affected and show good reason why it was not possible to participate in the earlier stages of the proceeding.

In conclusion, the commission found Stolz is not a party to the proceeding and lacks standing to seek reconsideration of the Letter Decision.