Letter re assignment of WJIM (AM) and WJIM-FM, WITL (AM), WVFN (AM), and WVIC (FM) -- May 24, 1996 -- Audio Services Division (FCC) USA

                 FEDERAL COMMUNICATIONS COMMISSION
                         WASHINGTON, D.C. 20554
                                    
                                              IN REPLY REFER TO:   1800B2-RHW

                               May 24, 1996

John J. McVeigh, Esquire
Bernstein & McVeigh
Suite 700
1818 N Street, N.W.
Washington, D.C. 20036

John P. Bankson, Jr., Esquire
Drinker, Biddle & Reath
Suite 900
901 Fifteenth Street, N.W.
Washington, D.C. 20005-2503

Robert W. Healy, Esquire
Smithwick & Belendiuk
Suite 510
1900 M Street, N.W.
Washington, D.C. 20036

     Re:  WJIM(AM)/-FM, Lansing, MI
           File Nos. BAL-951023GL/BALH-951023GM
           WITL(FM), Lansing, MI
           File No. BALH-960116GL
           WVFN(AM)/WVIC-FM, East Lansing, MI
           File Nos. BAL-960202GM/BALH-960202GN

Dear Counsel:

     This is in reference to:  (1) the captioned application for the assignment of licenses of
Stations WJIM(AM)/-FM, Lansing, Michigan, from Liggett Broadcast, Inc. ("Liggett"), to
Jencom Broadcasting, Inc. ("Jencom");  (2) the Petition to Deny those assignments filed
December 13, 1995, by Regional Radio Corporation ("Regional");  (3) the captioned
application for assignment of the license of Station WITL-FM, Lansing, Michigan, from MSP
Communications, Inc. ("MSP"), to Liggett;  (4) the Petition to Deny the WITL assignment
filed February 23, 1996, by Regional;  (5) the captioned application for the assignment of the
licenses of Stations WVFN(AM)/WVIC-FM, East Lansing, Michigan, from MSP to Jencom; 
and (6) the Petition to Deny and Motion to Consolidate the WVFN/WVIC assignments filed
March 29, 1996, by Regional.  Because certain of the parties and most of the issues involved
in these assignments are related, we will grant Regional's Motion to Consolidate and consider
all the listed assignments herein.  For the reasons set forth below, we deny all three of
Regional's Petitions to Deny these assignments, and we grant the applications for assignment
of the above-referenced licenses.

      Regional's Petitions to Deny.  Regional is the licensee of two commercial radio
stations, WJXQ(FM) and WBHR(FM), licensed to Jackson, Michigan.  According to
Regional, its stations operate in the Lansing, Michigan, radio market and compete with WJIM,
WJIM-FM, WITL, WVFN, and WVIC for the same advertisers, thereby conferring standing
upon Regional to file its petitions to deny the assignments.  

      In its petitions to deny these related assignments, Regional alleges first that the
proposed assignments of WJIM(AM)/-FM and WVFN/WVIC to Jencom are sham transactions
devised to allow Liggett to acquire additional stations beyond the limit permissible under the
Commission's multiple ownership rules in effect at the time these applications were filed. 
According to Regional, this ruse was accomplished by Liggett assigning (or "parking")
WJIM(AM)/-FM to a new company, Jencom, which is wholly owned by Liggett's current
President, James Jenson.  At the same time, Liggett contracted to acquire WITL from MSP,
which itself held options to acquire WVFN/WVIC;  MSP will exercise the option, but
WVFN/WVIC will then be sold by MSP to Jencom.  Regional alleges that certain
relationships between Liggett and Jencom -- including a guarantee by Liggett of Jencom's
bank financing, a discount in the purchase price for WJIM(AM)/-FM to below what Liggett
paid for these stations in 1993, a lease of studio space from Liggett to Jencom, and options
for Liggett to acquire the stations in the future -- demonstrate that the Jencom acquisitions are
not bona fide and that Liggett will in fact control all the stations.  Regional alleges that the
result will be that Liggett, after this and the other assignments that are discussed herein are
completed, will then control seven stations in the Lansing market (in combination with its
retained ownership of WFMK(FM), East Lansing), exceeding the limit allowed for this size
market under former Section 73.3555(a) of the Rules.  Regional alleges further that the
relationships between Regional and Jencom violate the Commission's cross-interest policy.  

      Finally, Regional alleges that Liggett and Jencom lacked candor and engaged in
misrepresentations in four respects: (1) in failing to disclose in the WJIM assignment
application that the price Liggett paid to purchase WJIM(AM)/-FM in 1993 was $3.5 million,
which is $1.5 million less than it is selling the stations to Jencom for;  (2) in failing to
disclose in the WJIM application that Liggett had already contracted to purchase WITL,
which application was not filed until after the deadline for filing petitions to deny the WJIM
assignments;  (3) in stating that Liggett will have no ability to influence the operations and
programming of WJIM(AM)/-FM after the closing (in light of the continuing relationships
between Jencom and Liggett);  (4)  in failing to disclose that Liggett was "subsidizing"
Jencom's purchase of WVIC/WVFN by tying Jencom's purchase of those stations to Liggett's
purchase of WITL from the same seller, MSP, at an inflated price.  The latest filing by
Regional, its Supplement to Petition to Deny and Motion to Consolidate filed May 13, 1996,
alleges that Jencom's May 1, 1996, amendment to its applications, reporting that it had
entered into a time brokerage agreement, or LMA, to provide programming and sales for
Station WMMQ(FM), Lansing, evidences a further suspect interrelationship between Liggett
and Jencom.  According to Regional, Liggett has an option to purchase WMMQ from its
present licensee, BB Broadcasting, Inc. ("BB"), which option "reportedly" contains a provision
that Liggett has agreed to hold BB and its sole shareholder "harmless . . . with regard to the
operation of WMMQ."  However, it is Jencom, not Liggett, that is operating WMMQ
pursuant to this LMA, thus, according to Regional, providing further proof that Liggett's sale
of WJIM to Jencom is a "hoax perpetrated to permit Liggett to acquire WITL-FM in
purported compliance with the FCC's multiple ownership rules as they then existed."

      In its Supplement to Petition to Deny and Statement for the Record filed February 14,
1996, Regional makes the further allegation that during a settlement conference called by
Liggett's and Jencom's attorneys and held on February 12, 1996, those attorneys stated that if
an agreement to withdraw Regional's Petition to Deny and refrain from further petitions
against Liggett and Jencom could not be reached promptly, "Liggett would pursue litigation
against Regional before both the FCC and the Courts";  if such an agreement were reached,
however, Liggett would not file any further pleadings before the FCC or the courts against
Regional.  Regional asserts that an agreement not to report something to the Commission that
is a violation of the Commission's rules is an unlawful arrangement and that Liggett's
counsel's offer was an improper threat against Regional, which should be imputed to Liggett
because counsel was acting as Liggett's agent. 

      Responsive Pleadings.  Liggett and Jencom, in their Oppositions to the three Petitions
to Deny, contend that the assignments of WJIM(AM)/-FM and WVIC/WVFN to Jencom are
fully bona fide transactions, and that Liggett will have no power or control over the
operations of the stations.  They acknowledge that the stations are to be sold to Jencom on
"advantageous" terms, but that valid business considerations justify those terms and will not
undermine Jencom's complete and independent ownership of the stations.  Specifically,
Liggett and Jencom state that Liggett was eager to "trade up" in the Lansing market, and
when WITL suddenly became available, Liggett needed to sell WJIM(AM)/-FM in order to
buy WITL in compliance with the local multiple ownership rules in effect at that time. 
According to Robert Liggett, principal owner of Liggett, he needed to act quickly and did not
want to engage in a long search for a buyer or for the highest price for the stations.  In
addition, the seller of WITL, MSP, expressed a desire to sell WVIC/WVFN if it was going to
sell WITL.  James Jenson was then the  President of Liggett, had known Mr. Liggett for a
long time, and was an experienced broadcaster in whom Mr. Liggett had full confidence.  Mr.
Liggett offered to sell WJIM(AM)/-FM to Mr. Jenson, and they negotiated a purchase price of
$2 million for the stations.  In addition, Mr. Jenson negotiated to acquire MSP's obligations
to acquire WVIC and WVFN for an additional $2 million.  By contrast, the purchase price of
WITL was $16 million, which, according to Liggett, is reflective of its market prominence.

      According to both Robert Liggett and James Jenson, Jenson contacted Comerica Bank
to arrange for financing of the acquisitions.  Comerica also has considerable loans outstanding
to Liggett, and holds security interests in Liggett's assets and stock pledges from Mr. Liggett. 
Comerica informed Jenson that, in view of the start-up nature of his company, it would
finance the acquisitions if Liggett agreed to expand the scope of the existing Liggett security
agreements to cover the future Jencom indebtedness, and if Mr. and Mrs. Liggett provided
personal guarantees of the indebtedness.  Mr. and Mrs. Liggett agreed to Comerica's
requirements in order to ensure Jencom's ability to promptly certify its financial qualifications
and also promptly close on the acquisitions, so that Liggett could in turn acquire WITL as
quickly as possible.  According to Mr. Liggett, such agreement to assist Jencom in obtaining
financing "is part and parcel of the price of `trading up' to the market's flagship station,"
WITL.  In return for providing assistance in obtaining financing, Jencom also provided an
option to Liggett to acquire control of Jencom through an exchange of Liggett stock, subject
to later FCC approval.  Both Mr. Liggett and Mr. Jenson deny that Liggett will have any
authority to control or influence Jencom's affairs, or over the staffing, programming, or any
other aspects of WJIM(AM)/-FM or WVIC/WVFN's operations during Jencom's tenure as
licensee.

      Jencom and Liggett also contend that the cross-interest policy would not be violated by
the relationships contemplated in these financing and option agreements.  First, Jencom asserts
that due to the changes in the local multiple ownership rules brought on by the
Telecommunications Act of 1996 (see Order, FCC 96-60, released March 8, 1996), one entity
may now own outright WJIM(AM), WJIM-FM, WITL-FM, WVFN(AM), WVIC-FM, and
WFMK(FM) (Liggett's retained Lansing station).  Citing Kern Broadcasting Corp., 10 FCC
Rcd 6584 (1995), Jencom and Liggett contend that the cross-interest policy cannot be violated
where the combination of the total ownership would comply with the local multiple ownership
rules.  Second, Jencom and Liggett contend that the types of financing support being provided
by Liggett do not exceed the types of arrangements that the Commission has found to be
consistent with the cross-interest policy, especially where one licensee is trading up to a more
successful station in the market.  Jencom points to its showings set forth in the WJIM and
WVIC/WVFN applications to demonstrate its compliance with the cross-interest policy.

      With respect to Regional's claim that the parties to the assignments hid material facts
from the Commission, Liggett and Jencom assert that all required information relating to the
financing relationships between Liggett and Jencom was fully disclosed in the exhibits
accompanying the WJIM, WITL, and WVIC/WVFN applications.  As to Regional's claim that
the parties delayed the filing of the WITL and WVIC/WVFN assignment applications until
after the deadline for filing petitions to deny in the WJIM matter, the parties claim that MSP
did not receive final copies of the signed agreements relating to WITL and WVIC/WVFN
until December 20, 1996, not on October 17 as maintained by Regional, and also that the
filing of the subsequent applications was delayed by the shutdown of the Federal government
in November, December, and January.  Since WJIM did not involve MSP (unlike the other
two transactions), Liggett and Jencom did not have to wait to file the WJIM application until
MSP was ready to file, as with the WITL and WVIC/WVFN applications.  Liggett and
Jencom also deny that there was an obligation to state in the WJIM application that Liggett
had paid $3.5 million for these stations three years earlier.  The parties deny any intent to
mislead the Commission in any of the respects alleged by Regional.

      As for the allegation that Liggett's attorneys threatened to file additional objections
against Regional with the Commission unless Regional agreed to withdraw its Petitions to
Deny, Liggett's attorneys, John J. McVeigh and Lawrence Bernstein submitted declarations
under penalty of perjury attesting that the settlement meeting at issue did not transpire as
claimed by Regional, and that they did not say any of the things attributed to them by
Regional.  McVeigh and Bernstein also specifically denied that they made any threats against
Regional,a nd they further denied that they discussed withholding information regarding
violations of the Commission's rules from the Commission. They also denied that there was
any specific discussion of the terms of a possible settlement, and asserted that the discussion
did not progress that far.

      Discussion.  At the outset, we have determined that Regional has standing under
Section 309(d)(1) of the Communications Act of 1934, as amended, because Regional has
established that its Stations WJXQ(FM) and WBHR(FM), Jackson, Michigan, are in economic
competition with the stations at issue in these assignment applications.

      In assessing the merits of a petitions to deny, the Commission is guided by Section
309(d)(1) and (2) of the Communications Act, as elucidated by the Court of Appeals in
Astroline Communications Company Limited Partnership v. FCC, 857 F.2d 1556, 1561 (D.C.
Cir. 1988).  First the Commission determines whether the petitioner has made specific
allegations of fact that, if true, would demonstrate that grant of the application would be
prima facie inconsistent with the public interest, convenience and necessity.  If so, then the
Commission proceeds to examine and weigh all of the material before it, including
information provided by the applicants, to determine whether there is a substantial and
material question of fact requiring resolution in a hearing.  Finally, the Commission must
determine whether grant of the application would serve the public interest.  In these cases
now before us, based on an examination of the applications, the petitions, the oppositions, and
related pleadings, we conclude that the matters alleged by Regional do not raise any
substantial or material questions of fact that would require resolution in a hearing.

      The gravamen of Regional's claim is that the WJIM(AM/-FM and WVIC/WVFN
transactions are not genuine, based on the contention that Robert Liggett is essentially the real
party in interest behind Jencom.   The Commission has held that in order to establish that an
individual is a real party in interest, it must be shown that that individual has an undisclosed
ownership interest in or is in a position to actually or potentially control an applicant.  See
Inter-Urban Broadcasting of Cincinnati, Inc., 10 FCC Rcd 8777, 8778 (1995);  San Joachin
Television Improvement Corp., 2 FCC Rcd 7004, 7009 (1987).  

      Here, Regional has failed to raise a substantial and material issue of fact as to whether
Liggett actually will hold an undisclosed ownership interest in Jencom, or whether Liggett is
or will be in a position to control either Jencom or the operations of stations WJIM(AM),
WJIM-FM, WVIC, or WVFN-FM.  First, with regard to Liggett's provision of personal
guarantees to secure Jencom's loan from Comerica Bank, the Commission has explicitly found
no improper control where one broadcaster has served as guarantor of another's loan.  See
Dorothy J. Owens, 5 FCC Rcd 6615, 6617 (1990);  Michael Bonner, Esq., 42 R.R.2d 1099
(1978).  Indeed, even direct loans from one broadcaster in a local market to another -- which
is by definition an even closer, more direct dependent relationship -- has been held not to
provide the lending broadcaster with de facto control of the borrower.  See Inter-Urban
Broadcasting of Cincinnati, Inc., supra, 10 FCC Rcd at 8779.  It has also been determined
that a lender holding a potential stock ownership (e.g., options or warrants convertible to
voting stock) is not considered (without more) a real party in interest.  See Urban
Telecommunications Corp., 7 FCC Rcd 3867, 3869 (1992); Barry Skidelsky, 7 FCC Rcd 1, 3-
4 (Rev. Bd. 1992).  As for Liggett's options to purchase the stations (which are only
exercisable upon prior Commission approval), the Commission has repeatedly held that
options and warrants are only attributable upon exercise, as Section 73.3555 Note 2(f) of the
Rules specifically states.  BBC License Subsidiary L.P., 10 FCC Rcd 7926, 7933 (1995); 
WWOR-TV, Inc. 6 FCC Rcd 6569, 6572 n. 13 (1991).  Especially because Liggett has no
present equity interest in Jencom, the combination of Liggett's options and its provision of
personal guarantees does not present a substantial and material issue of fact as to whether
Liggett is a real party in interest in Jencom.

      Nor do the advantageous terms afforded to Jencom by Liggett for the purchase of
WJIM(AM)/-FM and WVIC/WVFN raise a substantial and material question of fact as to
whether Liggett has an undisclosed ownership interest in Jencom or the ability to control the
stations.  Liggett's own interest in acquiring WITL as expeditiously as possible is a reasonable
explanation for making the stations available to Jencom on advantageous terms, rather than
placing the stations on the market and awaiting a buyer.  The prior business relationship
between Mr. Liggett and Mr. Jenson is also a valid explanation for these beneficial terms, as
is the extension of an option to Liggett to acquire the stations at a later date.  Nor does the
lease of studio space from Liggett to Jencom give rise to an inference of control by Liggett
over Jencom's stations, especially where Liggett and Jencom have submitted sworn statements
to the contrary.  We have no basis to doubt the validity of their sworn statements that the
studio lease will be an arms-length arrangement, and the proximity of their respective stations'
operations does not, in itself, raise a substantial and material question of fact as to whether
Liggett will control Jencom's stations.

      We also reject Regional's contention that the arrangements involving Station WMMQ
provide evidence of control by Liggett over Jencom.  According to Regional, Jencom will
provide programming and sales for station WMMQ pursuant to an LMA, while Liggett, which
holds an option to purchase WMMQ, has a provision in its option agreement whereby it will
hold WMMQ's licensee "harmless . . . with regard to the operation of WMMQ."  There is no
basis to conclude that these two agreements are intertwined in a manner which demonstrates
ultimate control of Jencom by Liggett.  No substantial and material issue of fact is raised by
these relationships with WMMQ.

      In addition, the cases relied on by Regional in support of its claim that the facts in the
present case give rise to a real party in interest issue do not support that conclusion.  In
Pleasure Island Broadcasting, Inc., 6 FCC Rcd 4163 (Rev. Bd. 1991), the Review Board
refused to add a real party in interest where one of three shareholders of a corporate applicant
had little understanding of her corporate duties and had relied for advice on her husband, an
experienced broadcaster.  Here, there is little question that Mr. Jenson has the background and
experience to act on his own behalf in operating the stations.  Nor does the Board's decision
in KOWL, Inc., 49 FCC 2d 964 (Rev. Bd. 1974), support the finding that Liggett is the real
party in interest in Jencom's applications.  There the Board concluded that a real party in
interest issue was warranted where the alleged real party's son had undertaken initial
development of the project prior to his arrest on drug charges, at which time the son
supposedly withdrew from the project.  The father nonetheless agreed to buy all the station's
equipment and lease it to the applicant and also agreed to lend the applicant all the applicant's
first year operational expenses, with no collateral or payments for the first year.  By contrast,
in the present case, Jencom arranged the station acquisition financing directly with an
independent financial institution, and Liggett is not lending any funds to Jencom.

      Cross-Interest Policy.  We agree with Liggett and Jencom that the proposed
transactions do not violate the cross-interest policy.  The cross-interest policy considers the
impact of "meaningful" nonattributable interests that are held by persons with attributable
interests in other stations in the market.  See Notice of Inquiry in MM Docket No. 87-154,
Reexamination of the Commission's Cross-Interest Policy, 2 FCC Rcd 3699 (1987). 
However, as noted by Liggett and Jencom, after the revision of the multiple ownership rules
to allow an increase in the number of stations that can be owned locally, one entity could own
WJIM(AM), WJIM-FM, WITL-FM, WVFN(AM), WVIC-FM, and WFMK(FM).  In such a
case where all the stations at issue can be commonly owned in compliance with the rules, the
Commission has declined to raise a cross-interest issue.  See FM Broadcasters of Douglas
County, 10 FCC Rcd 10429, 10231 (1995); Kern Broadcasting Corp., 10 FCC Rcd 6584,
6588 (1995).  Moreover, in the present case, both Mr. Jenson and Mr. Liggett have attested
that WJIM(AM)/-FM and WVIC/WVFN will be operated independently of Liggett's stations
as fully competitive outlets, and Regional has provided no facts to contradict these statements. 
There is, therefore, no basis for questioning these representations.  In addition we do not
believe that the provision of guarantees by Liggett's owners for the benefit of Jencom's
lender, nor the other advantageous sales terms discussed above, require invocation of the
cross-interest policy.  See Dick Broadcasting Co., Inc., of Tennessee, 47 FCC 2d 1051
(1974);  Cleveland Television Corp., 91 FCC 2d 1129, rev. denied, FCC 83-235 (May 18,
1983), aff'd Cleveland Television Corp. v. FCC, 732 F.2d 962 (D.C. Cir. 1984).

      Lack of Candor/Misrepresentation.  We also reject Regional's contention that Jencom
and Liggett lacked candor with, or made misrepresentations to, the Commission, and that they
withheld materially significant information from the Commission.  As noted above, Regional
points to four areas of information where it claims these parties have withheld critical
information:  (1) in failing to disclose in the WJIM assignment application that Liggett paid
more for WJIM(AM)/-FM than it was selling them to Jencom for;  (2) in failing to disclose in
the WJIM application that Liggett had already contracted to purchase WITL, which
application was not filed until after the deadline for filing petitions to deny the WJIM
assignments;  (3) in stating that Liggett will have no ability to influence the operations and
programming of WJIM(AM)/-FM after the closing;  (4)  in failing to disclose that Liggett was
"subsidizing" Jencom's purchase of WVIC/WVFN by tying Jencom's purchase of that station
to Liggett's purchase of WITL from the same seller, MSP, at an inflated price.  

      With respect to the price that Liggett paid for WJIM(AM)/-FM in 1993, which price
was significantly higher than Jencom will pay for the stations, we note that the price an
assignor previously paid for a station being sold is not requested anywhere in the application
form.  Therefore, Jencom and Liggett cannot be faulted for "failing" to disclose that price,
especially where that price is found anyway in the Commission's records concerning the
previous assignment.  As for the alleged failure to report in the WJIM application that Liggett
had simultaneously contracted to obtain an assignment of WITL and that Jencom was also
going to acquire WVIC/WVFN, again the Form 314 application (at Question 6) only
specifically asks about broadcast applications currently "pending" before the Commission, and
the WITL and WVIC/WVFN applications, which involved a third party, MSP, were not yet
on file at the time the WJIM application was filed.  MSP's President states in his Declaration
that MSP did not receive signed copies of the WITL and WVIC/WVFN assignment
agreements until December 20, 1995, and we have no basis to question MSP's sworn
statement in this regard.  Moreover, Jencom's intended acquisition of WVIC/WVFN was
disclosed in the WJIM application in Attachment A to Exhibit 4, the option agreement. We
must also recognize that the time frame for filing the relevant applications may well, as MSP
and Liggett assert, have been disrupted by the several weeks of governmental shutdowns in
December 1995 through January 1996.  Especially in view of Liggett's and Jencom's public
announcements regarding these related assignments, we cannot conclude that these parties
were engaging in any attempt to mislead the Commission regarding the full range of the
transactions involved here.  Indeed, virtually all of Regional's allegations regarding the
supposed withholding of information comes from these public statements and from the
information actually filed by the parties.

      Regional's assertion that Liggett falsely stated that it will have no power or authority
to control the Jencom stations' programming or operations is based primarily on the fact that
Jencom will lease studio space from Liggett for its stations.  We do not believe that an
inference of control can be made from this fact sufficient to contradict the declarations of Mr.
Liggett and Mr. Jenson expressly denying that Liggett will have any such involvement.  As
for the allegation that Jencom's purchase of WVIC/WVFN is being "subsidized" by Liggett
paying MSP a "premium" for WITL, again, the Form 314 assignment application does not
specifically ask a question that would elicit such information, and we cannot conclude that
Jencom and Liggett lacked candor in failing to respond to a question not asked.

      Threats of Retaliatory Petitions.  Finally, Regional's claim that Liggett and Jencom's
attorneys, during the February 12, 1996, settlement conference, threatened to file objections
against Regional's stations if Regional did not dismiss its petitions to deny the present
assignments, cannot be credited.  Without reaching the question of whether such allegations, if
true, are violative of the Commission's rules or policies, we note that these allegations were
made by Regional under Section 309(d)(1) of the Communications Act as part of its effort to
have the Commission deny the assignments.  As such, these allegations are subject to the
express requirement of Section 309(d)(1) that "allegations of fact shall, except for those of
which official notice may be taken, be supported by affidavit of a person or persons with
personal knowledge thereof."  Regional's allegations of threats found in its February 14, 1996,
Supplement to Petition to Deny and Statement for the Record are not supported by affidavits
or declarations of the Regional attorneys who were present at the settlement conference. 
Nor did such supporting affidavits or declarations accompany Regional's February 26, 1996,
Reply to Opposition to Supplement to Petition to Deny and Statement for the Record, which
was filed in response to Liggett's and Jencom's attorneys' declarations under penalty of
perjury denying that they had made any such threats against Regional.  Thus, we will dismiss
these allegations without further consideration.

      Conclusion.  In light of the above, Regional's December 13, 1995, Petition to Deny
the application to assign the licenses of Stations WJIM(AM)/-FM from Liggett Broadcast,
Inc., to Jencom Broadcasting, Inc.;  Regional's February 23, 1996 Petition to Deny the
application to assign the license of Station WITL-FM from MSP Communications, Inc., to
Liggett Broadcast, Inc.;  and Regional's March 29, 1996, Petition to Deny and Motion to
Consolidate the application to assign the licenses of Stations WVFN(AM)/WVIC-FM from
MSP Communications, Inc., to Jencom Broadcasting, Inc., ARE DENIED.  Having found that
Liggett and Jencom are qualified to assign and purchase Stations WJIM(AM) and WJIM-FM
and that the sale would further the public interest, convenience, and necessity, we GRANT
that application.  Having found that MSP and Liggett are qualified to assign and purchase
Station WITL-FM and that the sale would further the public interest, convenience, and
necessity, we GRANT that application.  Having found that MSP and Jencom are qualified to
assign and purchase Stations WVFN(AM) and WVIC-FM and that the sale would further the
public interest, convenience, and necessity, we GRANT that application.


      FEDERAL COMMUNICATIONS COMMISSION


      Linda Blair, Chief
      Audio Services Division
      Mass Media Bureau