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

Edison: Top Podcasts Hold Steady in Q1 2026
Edison Research at SSRS
Edison Research at SSRS
Edison Research at SSRS, has released its Top 50 Podcasts in the U.S. for the first quarter of 2026, based on reach among weekly podcast listeners ages 13 and older. The rankings from Edison Podcast Metrics show continued dominance at the top, with The Joe Rogan Experience, Crime Junkie, and The Daily More

98 Rock Sacramento Unveils New Weekday Lineup
Abe Kanan
Abe Kanan
KRXQ-FM (98 Rock) in Sacramento will roll out a revamped weekday lineup beginning Monday, April 20, featuring new roles for Abe Kanan (pictured) and Michael Whitney. Kanan moves into morning drive with the launch of "Abe Kanan Mornings," airing from 6-10am PT. He previously handled afternoons at the station More

Broadcast Electronics Names Berry Chief Revenue Officer
Broadcast Electronics
Broadcast Electronics
Broadcast Electronics has appointed Andrew Berry as Chief Revenue Officer, marking the first time the company has created the role as it looks to expand customer engagement and global growth. Berry will oversee all customer-facing functions, including worldwide sales and service More
Advertisement

NPR Secures $110 Million in Major Philanthropic Gifts
NPR
NPR
NPR has received more than $110 million in philanthropic contributions, including the largest gift ever made by a living donor in the organization's history, as it looks to expand digital capabilities and strengthen its national network. Philanthropist Connie Ballmer contributed More

AOA Expands With New Weekend Edition Launch
Agriculture of America (AOA)
Agriculture of America (AOA)
Farm and Ranch Media has announced it will expand its radio lineup with a weekend edition of its syndicated talk program, "Agriculture of America" (AOA), beginning May 1. The new "AOA: Weekend Edition" builds on the weekday show, which launched in 2018 and is now heard on more More

Super Hi-Fi Launches AI Music Scheduler Neuron
Super Hi-Fi
Super Hi-Fi
Super Hi-Fi has introduced Neuron, a new AI-powered music scheduling engine designed to align station programming with how listeners experience music. The company said Neuron is built on neuroscience research into attention, reward and musical expectation, incorporating insights from organizations such 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