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

Joey Brooks Exits iHeartMedia Programming Roles
Joey Brooks
Joey Brooks
Joey Brooks has departed iHeartMedia, ending his tenure as Senior Vice President of Programming overseeing WBWL/Boston and WWYZ/Hartford, along with the company's eight Connecticut stations. Brooks also served as Director of Brand Strategy & Programming for iHeartMedia's Hot AC stations nationwide. He noted More

Podcast Listening Continues Shift Toward the Home
Edison Research
Edison Research
A new insight from Edison Research shows that while overall audio listening has gradually moved back toward pre-pandemic patterns, podcast consumption remains increasingly centered in the home. The firm's first 2026 release from Edison Podcast Metrics builds on late-2025 findings from Share of Ear, which More

Compass Media Networks Tips Off 18th College Hoops Season
Compass Media Networks
Compass Media Networks
Compass Media Networks has announced the launch of its 18th season of men's college basketball coverage, featuring 20 top-ranked regular-season matchups and exclusive post-season broadcasts of all rounds of the Big Ten Men's Basketball Tournament. Coverage begins Tuesday, January 13, with Marquette at More
Advertisement

NHPR Names Podglomerate Exclusive Podcast Sales Partner
The Podglomerate
The Podglomerate
New Hampshire Public Radio has entered an exclusive podcast sales partnership with The Podglomerate, naming the agency as the sole sales representative for NHPR's podcast portfolio. Under the agreement, The Podglomerate will oversee advertising sales for NHPR-produced podcasts. Rebecca Lavoie, NHPR's More

Media Institute Names Kirby Chair as Wiley Steps Down
Kathleen Kirby
Kathleen Kirby
The Media Institute announced that longtime Board Chair Richard E. Wiley will step down from the role on January 31, concluding more than three decades of leadership. The board has selected veteran media attorney Kathleen Kirby to succeed him. Wiley will remain active with the Institute and has been More

David Donovan to Step Down as NYSBA President in 2026
New York State Broadcasters Association
New York State Broadcasters Association
After 15 years leading the New York State Broadcasters Association, President David Donovan will step aside from the role at the end of 2026. Donovan will remain with the Association, continuing to oversee its government relations efforts, while the organization begins a search for a new president. NYSBA 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