Home Login RADIO ONLINE RSS Facebook
Advertisement

FCC Admonishes Cumulus for Violating Ex Parte Rules


FCC
FCC

The FCC has granted in part, and deny in part, the Petition for Order to Show Cause filed last May 24 by WKNG LLC, the licensee of Classic Hits WWGA-FM/Tallapoosa, GA. WKNG alleged that Cumulus, the licensee of FM translator W255CJ (99X), had violated the Commission's ex parte rules by improperly soliciting ex parte presentations. The agency found that Cumulus violated the ex parte rules and admonished it to avoid future violations, but otherwise denied the petition.

The alleged ex parte violation relates to an action by the Media Bureau ordering 99X to cease operation in response to WKNG's complaint that 99X caused interference to WWGA-FM on 98.9 MHz. WKNG asserted that Cumulus posted a notice on its website informing listeners of the Media Bureau's action. According to WKNG, the notice indicated that Cumulus was disputing the interference finding and that listeners "can help" by emailing the five FCC Commissioners and five of their legal advisors.

WKNG further indicated that the notice asked listeners to send a courtesy copy of their email to Cumulus to enable Cumulus to track the number of emails sent to the Commission. WKNG indicates that no comments resulting from the website posting were served on WKNG.

WKNG contends that Cumulus's conduct is similar to that found to violate the ex parte rules in Columbia Union College Broadcasting. In that case, CUCB, an FM broadcaster, asserted that Stu-Comm, a broadcaster on the same channel, had asked its listeners to complain to the Commission that the facilities specified in CUCB's license modification application caused interference to Stu-Comm's station. The Associate General Counsel found that Stu-Comm had violated the rules by soliciting public comments on CUCB's modification application (as well as a congressional letter) that were not served on CUCB.

Of crucial importance, the Associate General Counsel found that the listener comments did not fall within an exemption to ex parte restrictions for viewer/listener comments on pending broadcast applications, since Stu-Comm had solicited its own station's listeners and not the listeners of CUCB's station, which was the subject of the pending application being commented on. The Associate General Counsel admonished Stu-Comm for soliciting listener (and congressional) ex parte presentations but took no other action.

According to WKNG, an admonition here would be an insufficient sanction for Cumulus's conduct, and it urged that Cumulus's pending renewal application for 99X be dismissed. But, as WKNG pointed out, the facts of this case resemble those of the CUCB case, in which the violator received an admonition. The FCC saw no other reason to treat Cumulus differently, and it admonished it to comply with the ex parte rules, but ruled there was no basis for issuing an order to show cause why Cumulus's renewal application should not be dismissed.

Advertisement

Latest Radio Stories

RAB Names Sabina Widmann Executive Vice President
Sabina Widmann
Sabina Widmann
The Radio Advertising Bureau has appointed Sabina Widmann as Executive Vice President, expanding the organization's focus on broadcaster initiatives, member engagement and industry support. In the newly created role, Widmann will oversee member engagement and success efforts, with responsibilities that More

Margie Tasseff Retiring From iHeartMedia Ohio
Margie Tasseff
Margie Tasseff
iHeartMedia has announced that longtime Mansfield and Marion Market President Margie Tasseff will retire effective June 1, ending a nearly 40-year career with the company. Tasseff currently oversees seven stations in Mansfield and three stations in Marion. She has served as Market President for the More

CMG Names Lauren Smith Senior Director of Digital Sales
Lauren Smith
Lauren Smith
Cox Media Group has appointed Lauren Smith as Senior Director of Digital Sales as the company continues expanding its digital revenue initiatives across its television and radio markets. In the new role, Smith will work directly with CMG's local radio & TV operations to support sales teams, lead More
Advertisement

Nueva Network Restructures Leadership Team
Nueva Network
Nueva Network
Nueva Network and North Atlantic Media have announced a leadership reorganization aimed at expanding growth opportunities across audio, digital and multi-platform media operations. As part of the restructuring, Jeffery Liberman will assume strategic oversight responsibilities across both companies. More

Radio Network News Launches Using NewsCloud Platform
Newscloud and RNN
Newscloud and RNN
Radio Network News has officially launched in the United States using the NewsCloud platform developed by Radio.Cloud. NewsCloud is designed as a newsroom productivity and workflow system that allows journalists and anchors to write, localize, produce and distribute radio newscasts from a centralized More

Henkle's Ace Shows Power of Long-Term Radio Ads
Cumulus Media and Westwood
Cumulus Media and Westwood
A new study commissioned by Cumulus Media and Westwood One highlights how long-term AM/FM radio advertising helped Henkle's Ace Hardware build strong brand awareness and customer loyalty in Joplin, Missouri. The research, conducted by Quantilope in January 2026 among 150 consumers in Joplin, found More

Return to Menu

Advertisement

Subscribe to our Newsletter
Radio news and headlines delivered right to your e-mail box -- and it's free.

Advertisement

Advertisement