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

FCC Warns Broadcasters on Public Interest Duties
Federal Communications Commission
Federal Communications Commission
The Federal Communications Commission has issued a forceful reminder to radio and television broadcasters that their licenses are conditioned on serving the public interest, warning that the agency is prepared to take enforcement action against stations that fail to meet those obligations. In a More

NAB Announces 2026 Radio Board Election Results
National Association of Broadcasters (NAB)
National Association of Broadcasters (NAB)
The National Association of Broadcasters (NAB) has announced the results of its 2026 Radio Board of Directors elections, with the newly elected members set to begin two-year terms in June, 2026. Among those elected to represent their districts are Molly Draper Russell of Draper Radio (District 4 - More

Lisa Berigan Returns to BIG100 Midday Slot
Lisa Berigan
Lisa Berigan
iHeartMedia Washington, DC has named Lisa Berigan as the new midday host on WBIG (BIG100), effective immediately. Berigan will be heard weekdays from 10am-3pm on the Classic Rock outlet. She will report to Dustin Matthews, Director of Rock Programming for iHeartMedia DC. In announcing the appointment, More
Advertisement

House Panel Advances AM Radio Vehicle Bill
U.S. Congress
U.S. Congress
A key congressional committee has advanced the AM Radio for Every Vehicle Act, moving the bipartisan legislation one step closer to becoming law. In a recent post on the NAB Blog, Carrie Healey, Vice President of Communications for the National Association of Broadcasters, said the House Energy and More

Katz Study: Radio Boosts World Cup Hosting Interest
Katz Radio Group
Katz Radio Group
A new case study from Katz Radio Group suggests radio advertising can play a significant role in motivating homeowners to explore short-term hosting opportunities tied to the upcoming FIFA World Cup 2026. The study, featured in Katz Radio's Sound Answers blog, examined how audio More

WROR/Boston Launches New Morning Show on June 1
LBF and Adam 12
LBF and Adam 12
Beasley Media has announced the launch of "The ROR Morning Show with LBF and Adam 12," debuting Monday, June 1, on 105.7 WROR-FM in Boston. The new morning program will be hosted by longtime Boston radio personalities Lauren Beckham Falcone, known on-air as LBF, and Adam 12. 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