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

AM/FM Radio Leads In-Car Listening Among EV Users
Edison Research at SSRS
Edison Research at SSRS
AM/FM radio continues to account for the largest share of in-car audio listening among Americans, including electric vehicle (EV) drivers and passengers, although its share is notably lower among EV users, according to new findings from Edison Research's Share of Ear study. The research, presented during More

RTDNA Survey Finds Modest Gains in Radio News Staffing
RTDNA
RTDNA
Radio newsroom staffing showed modest improvement in 2025, with the median number of full-time news employees returning to two after declining the previous year, according to the latest RTDNA/Newhouse School at Syracuse University Survey. The annual survey found that the average More

Podmerse Launches Podcast Sponsorship Database
Podmerse
Podmerse
Podmerse has launched a publicly available podcast sponsorship database designed to help podcasters identify potential advertisers and provide media buyers with information about where competing brands are placing their podcast advertising. The platform tracks more than 2 million More
Advertisement

Triton Digital Completes First AI-Driven Audio Ad Buy
Triton Digital
Triton Digital
Triton Digital has completed what it describes as the audio industry's first fully automated, agent-to-agent advertising transaction using its newly launched Seller Agent. The campaign was executed with Talpa Media, digital agency Draft Digital and advertiser Otrium. According to More

Brandon 'Scoop B' Robinson to Launch Media Network
Scoop B and Crossover Media Group
Scoop B and Crossover Media Group
Sports journalist and national basketball insider Brandon "Scoop B" Robinson has announced plans to launch a multimedia digital network in early 2027, featuring original audio and video programming focused on sports, entertainment, music and lifestyle culture. The More

WNBU to Launch All-Christmas Format November 1
WBNU-FM Greenville NC
WBNU-FM Greenville NC
Inner Banks Media has announced that WNBU (94.1 FM) along the North Carolina coast and its 102.7 FM signal in Greenville will switch to an all-Christmas music format beginning Sunday, November 1, bringing nearly two months of holiday programming to listeners across Eastern More

Return to Menu

Advertisement

Advertisement

Advertisement