Letter re renewal applications of WFSU-FM and WFSQ-FM --May 29, 1996 -- Audio Services Division, FCC
                FEDERAL COMMUNICATIONS COMMISSION
                          WASHINGTON, D.C. 20554



                                                       In Reply Refer To:  1800B3-JR

The Board of Regents of Florida Acting for
and on Behalf of the Florida State University
The Public Broadcast Center
1600 Red Barber Plaza
Tallahassee, Florida 32310

               In re:      WFSQ-FM, Tallahassee, FL      
                            File No. BRED-951002G4
                           WFSU-FM, Tallahassee, FL
                            File No. BRED-951002H7  

                            Informal Objection

                           Translator Station W291AD, Marianna, FL
                           File No. BRFT-951002UA

                           Translator Station W283AC, Apalachicola, FL
                           File No. BRFT-951002UB

                           Translator Station W231AC, Tallahassee, FL
                           File No. BRFT-951002UC             
     
                           Translator Station W222AB, Thomasville, GA
                           File No. BRFT-951002UD

Dear Applicant:

This concerns: (1) the captioned applications for renewal of the
licenses of Stations WFSQ-FM and WFSU-FM, Tallahassee, Florida,
Translator Station W291AD, Marianna, Florida, Translator Station
W283AC, Apalachicola, Florida, Translator Station W231AC,
Tallahassee, Florida, and Translator Station W222AB, Marianna,
Florida, and (File Nos. BRED-951002G4,  BRED-951002H7,  BRFT-
951002UA, BRFT-951002UB, BRFT-951002UC, and BRFT-951002UD,
respectively); and (2) the informal objection to the WFSQ and WFSU
applications filed by Eugene Danaher ("Danaher").  For the reasons
set forth below, the informal objection is denied, the WFSQ and
WFSU applications are granted, and action on the translator
applications is deferred.

Public file allegation.  Danaher initially complains about the
licensee's delay in providing him with access to the WFSU-FM
public file in violation of 47 C.F.R. §73.3527(d), which states
that a noncommercial educational station's public file is to be
accessible to the public during normal business hours.  While he
was inconvenienced by the delay, however, Danaher has not shown
that he was prejudiced in any way by that delay; he was able to
view the station's file and to file a timely objection to the
WFSU-FM license renewal application.  See R&L Broadcasters, 7 FCC
Rcd 5551, 5554 (1992).  Additionally, the Commission will not
designate a potentially disqualifying public file issue when
there is no evidence of intentional or repeated misconduct.  See
Millard V. Oakley, 45 RR 2d 661, 663 (1979); Professional Radio,
Inc., 2 Rcd 6666, 6667 (1987).  Danaher has not demonstrated that
there was an intentional or repeated violation of the public file
rule. This argument therefore must fail.

Programming and other allegations.  Danaher also alleges an
"imbalance" towards liberal viewpoints in the stations'
programming, a lack of response to listener complaints, a failure
to elicit audience concerns, and excessive promotion of Florida
State University to the exclusion of the "public interest" of the
broader local community within its coverage area.  While the
Commission appreciates Danaher's interest, it will not take
adverse action on a license renewal application based upon the
subjective determination of a listener or group of listeners as
to what constitutes appropriate programming.  See WGBA
Educational Foundation, 69 FCC 2d 1250, 1251 (1978).  This is
especially so where, as here,  there is no showing that the
programming in question violated the agency's rules.  See e.g.,
Letter to Paul E. Killinger [Station KOA(AM), Denver, Colorado]
from the Chief, Audio Services Division, Mass Media Bureau, June
12, 1991 (reference 8900-IB).  

Rather, a public broadcaster's performance is sufficient for
renewal purposes if the station's overall programming responds to
the problems, needs, and interests of the community.  See Seattle
Public Schools, 4 FCC Rcd 625, 629-30 (Rev. Bd. 1989); WHYY,
Inc., 93 FCC 2d 1086, 1096 (1983).  Individual programming
decisions, such as whether to air unpopular political viewpoints,
are matters which fall within the licensee's discretion, and
absent substantial extrinsic evidence that a licensee has abused
this discretion, the Commission will not intervene.  Citizens
Communication Center, 25 FCC 2d 705, 707 (1970).  Here, Danaher
has not shown that the programming aired by WFSQ-FM and WFSU-FM
fails to meet the needs of the Tallahassee community, as he has
not submitted evidence to show deficiencies in the stations'
overall programming, which also includes coverage of non-
political issues.

Conclusion.  Danaher's objection fails to raise a substantial and
material question of fact as to whether grant of the WFSQ-FM and
WFSU-FM license renewal applications would serve the public
interest, convenience, and necessity.  On the contrary, an
examination of the applications reveals that their grant would
serve the public interest, convenience, and necessity.      

Translator applications.  The translator applications as
submitted are not grantable.  Action on those applications awaits
the submission of requested perfecting amendments.     
Determinations as to those applications will be addressed under
separate cover.
 
In light of the above and pursuant to 47 C.F.R. §0.283, the
informal objection filed by Eugene Danaher IS DENIED, and the
applications for renewal of the licenses of Stations WFSQ-FM and
WFSU-FM, Tallahassee, Florida, filed by The Board of Regents of
Florida Acting for and on Behalf of the Florida State University
(File Nos. BRED-951002G4 and BRED-951002H7, respectively) ARE
GRANTED.

      Sincerely,


      Linda Blair, Chief
      Audio Services Division
      Mass Media Bureau

cc:   Wayne Coy, Jr., Esquire
      Eugene Danaher