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

Layfield Named VP of Programming at iHeart in Louisville
Christopher Layfield
Christopher Layfield
iHeartMedia Louisville has named Christopher Layfield as Vice President of Programming, overseeing content strategy for the market's nine stations across music, talk and news formats. In the role, Layfield will lead programming and digital content efforts aimed at driving audience growth and engagement. More

iHeartMedia, Urban One, Entravision Set Q1 Calls
Entravision, iHeartMedia and Urban One
Entravision, iHeartMedia and Urban One
iHeartMedia, Urban One and Entravision have announced upcoming dates for their first-quarter 2026 financial results and investor calls. Entravision will be first to report, with plans to release its Q1 results after market close on May 5, followed by a webinar at 4:30 p.m. ET that will include a More

Jeff Hurley Named SVP of Programming in Philadelphia
Jeff Hurley
Jeff Hurley
iHeartMedia Philadelphia has appointed Jeff Hurley as Senior Vice President of Programming, overseeing a portfolio that includes 105.3 WDAS-FM, WUSL-FM (Power 99), WRFF (ALT 104.5), WIOQ (Q102), WUMR (Rumba 106.1), and Fox Sports The Gambler. In the new role, Hurley will lead programming operations More
Advertisement

iHeartMedia, CitizenSkull Ink Audio Content Deal
iHeartMedia
iHeartMedia
iHeartMedia has entered into a multi-year first-look development agreement with CitizenSkull to create and produce premium scripted audio content, the companies announced. The partnership establishes an ongoing, multi-project relationship focused on elevated genre storytelling, particularly in sci-fi and More

The Fred Show Expands to DC and Baltimore
Christopher Frederick
Christopher Frederick
iHeartMedia has added the Premiere Networks-syndicated The Fred Show to mornings on WIHT and WZFT, beginning Thursday, April 30. The program will air weekdays from 6-10am and will also be available on demand. The move expands the show's reach into the Washington, DC and Baltimore markets. Originally More

iHeart Leads Triton Digital's March Podcast Rankings
Triton Digital
Triton Digital
Triton Digital has released its U.S. Podcast Ranker for March 2026, showing continued dominance by major audio networks alongside shifts in listener engagement. For the reporting period of March 2-29, the Top Sales Network Report again placed the iHeart Audience Network at No. 1 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