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 Steps Down as Alice 97.3 Brand Manager
Michael Martin
Michael Martin
Michael Martin has stepped down from his role as Brand Manager of Hot AC KLLC (Alice 97.3) in San Francisco, as he shifts his full focus to his national responsibilities with Audacy. In a memo to staff, Audacy San Francisco SVP and Market Manager Kieran Geffert said Martin will remain in the Brand More

John Terrett to Host Red Apple AM/PM Market Reports
Red Apple Audio Networks
Red Apple Audio Networks
Financial and business analyst John Terrett has been named host of the new Red Apple AM/PM Market Reports, a pair of weekday features delivering concise market analysis during morning and afternoon drive times. Airing Monday through Friday, the twice-daily More

Truth Matters with Tom Donahue & Angeline Marie to Launch
Truth Matters with Tom Donahue & Angeline Marie
Truth Matters with Tom Donahue & Angeline Marie
A new talk program, Truth Matters with Tom Donahue & Angeline Marie, will debut on Saturday, January 17, with national distribution via Salem Radio Network. The weekly show will air Saturdays from 9-10pm ET, with a rebroadcast Sundays from 1-2am ET, on the Westwood One Wegener platform (SRN4 - Truth More
Advertisement

Westwood One to Air NFL Wild Card Weekend Coverage
Westwood One Sports
Westwood One Sports
Westwood One, the official network audio partner of the National Football League, will present live play-by-play coverage of NFL Wild Card Weekend, powered by Verizon, across Saturday, January 10; Sunday, January 11; and Monday, January 12. The 2026 postseason coverage marks Westwood One's 39th More

Joe Maumee Joins KNCI Sacramento for Mornings
Joe Maumee
Joe Maumee
Bonneville Sacramento has unveiled two key on-air additions at New Country 105.1 KNCI, naming Joe Maumee as the newest co-host of mornings and bringing AJ Maguire aboard for afternoons. Beginning Monday, January 12, Maumee will join Country Radio Hall of Fame personality Pat Still and longtime co-host More

Study: Audio Creators Drive Trust, Influence, and Sales
Audacy
Audacy
A new report finds that radio and podcast hosts are playing an increasingly central role in the creator economy, with trust and authenticity driving stronger engagement and measurable results for advertisers. The State of Audio: The Creator Effect study from Audacy positions audio creators as 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