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

Michael Martin to Exit Audacy Programming Role
Michael Martin
Michael Martin
Michael Martin will step down as Senior Vice President of Programming and Head of Music Initiatives at Audacy, effective May 1, ending a 17-year tenure with the company and its predecessors. Martin said he is leaving to begin the next phase of his career after years focused on building programming More

New York Festivals Unveils 2026 Radio Awards Shortlist
New York Festivals Radio Awards
New York Festivals Radio Awards
The New York Festivals (NYF) has announced the shortlist for its 2026 Radio Awards, recognizing standout audio storytelling from creators across more than 30 countries. Entries were evaluated by the NYF Radio Awards Grand Jury, a panel of more than 100 industry professionals from 20 countries. The More

Radioservers Launches Windows App for Radio
Radioservers
Radioservers
Radioservers has introduced a native Windows desktop application designed to give radio stations a branded, installable presence on listeners' computers, positioning the product as a new way to capture at-work listening. The app resides in the Windows taskbar and More
Advertisement

America250 Unveils July 4 Block Party Plans
Rendering of the Los Angeles Memorial Coliseum on July 4, 2026, where America250 will host a large-scale concert
Rendering of the Los Angeles Memorial Coliseum on July 4, 2026, where America250 will host a large-scale concert
America250 has launched a 100-day countdown to the Fourth of July, outlining plans for a nationwide celebration tied to the 250th anniversary of the signing of the Declaration of Independence. The congressionally chartered nonprofit, America250, announced the first wave of "America's More

FCC Updates Radio Rules, Streamlines Processes
Federal Communications Commission (FCC)
Federal Communications Commission (FCC)
The Federal Communications Commission has adopted a sweeping update to its broadcast rules, making a series of changes that primarily streamline radio regulation, modernize filing procedures, and eliminate outdated requirements. The Report and Order, released March 25, updates Parts 1, 73, 74 and 76 of More

Zoe Burdine-Fly Retires from Connoisseur Media
Zoe Burdine-Fly
Zoe Burdine-Fly
Connoisseur Media has announced the retirement of Senior Vice President Zoe Burdine-Fly, concluding a radio career that spans more than four decades. Burdine-Fly was a member of the company's leadership team and worked closely with staff across multiple markets during her tenure. Her experience includes more 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