[Federal Register Volume 78, Number 167 (Wednesday, August 28, 2013)]
[Rules and Regulations]
[Pages 53054-53055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21031]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[FCC 13-105; MB Docket No. 02-266; RM-10557]


Radio Broadcasting Services; Chillicothe, Dublin, Hillsboro, and 
Marion, Ohio

AGENCY: Federal Communications Commission.

ACTION: Final rule; application for review.

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SUMMARY: This document denies an Application for Review filed by the 
Committee for Competitive Columbus Radio (``Committee'') of a 
Memorandum Opinion and Order in this proceeding, which denied the 
Committee's Petition for Reconsideration of an earlier Bureau action, 
granting the reallotment, class downgrade, and change of community of 
license of an Ohio FM station. The document finds that the Bureau 
properly applied the Commission's then-existing policy of not 
considering compliance with the multiple ownership rule at the 
allotment stage.

DATES: August 28, 2013.

FOR FURTHER INFORMATION CONTACT: Andrew J. Rhodes, Media Bureau, (202) 
418-2700.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Memorandum Opinion and Order, MM Docket No. 02-266, adopted July 31, 
2013, and released August 1, 2013. The full text of this Commission 
decision is available for inspection and copying during normal business 
hours in the FCC Reference Information Center (Room CY-A257), 445 12th 
Street, SW., Washington, DC 20554. The complete text of this decision 
may also be purchased from the Commission's copy contractor, Best Copy 
and Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554, telephone 1-800-378-3160 or www.BCPIWEB.com.
    In the Report and Order in this proceeding, the Bureau granted a 
Petition for Rulemaking filed by Clear Channel Communications for the 
reallotment, downgrade in class of channel, and change of community of 
license for its Station WCGX(FM) (formerly WMRN-FM) from Channel 295B 
at Marion, Ohio to Channel 294B1 at Dublin, Ohio, over the objection of 
the Committee. See 70 FR 19337 (April 13, 2005). The Committee had 
argued that the reallotment to Dublin could not be implemented because 
it would violate the local radio ownership rule. However, the Report 
and Order rejected this argument, explaining that multiple ownership 
issues are not considered in FM allotment proceedings. The Committee 
sought reconsideration on the same ground, and the Bureau denied the 
petition in the Memorandum Opinion and Order. See 71 FR 40927 (July 19, 
2006).
    On review, the Commission finds that, contrary to the Committee's 
contention, the Bureau did not err in deferring the issue of compliance 
with the multiple ownership rule until an implementing application was 
filed because such an approach is consistent with then-existing policy. 
Additionally, the Commission concludes that the Bureau did not err in 
referring to Station WCGX(FM) as formerly licensed to Marion because 
the Report and Order did modify the Station WCGX(FM) license to specify 
Dublin. However, that modification had no immediate impact on 
competition in the Columbus radio market as Clear Channel was required 
to file an implementing application and

[[Page 53055]]

demonstrate compliance with the multiple ownership rule, which Clear 
Channel did. This document is not subject to the Congressional Review 
Act. (The Commission, is, therefore, not required to submit a copy of 
this Memorandum Opinion and Order to GAO, pursuant to the Congressional 
Review Act, see 5 U.S.C. 801(a)(1)(A) because the Application for 
Review was denied.)

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2013-21031 Filed 8-27-13; 8:45 am]
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