Report No. MM 95-69 MASS MEDIA ACTION July 26, 1995 JACK WHITEHORN DENIED REVIEW OF ACTION WHICH TRANSFERRED CONTROL OF WFDR AND WVJF-FM, MANCHESTER, GA The Commission has dismissed, as untimely, Jack Whitehorn's application for review of actions which transferred control of WFDR, Inc., licensee of WFDR and WFDR-FM (now WVJF-FM), Manchester, GA, from WFDR, Inc., Debtor-in-Possession, to Provident Broadcasting Company. The Mass Media Bureau, acting pursuant to delegated authority, denied Whitehorn's petition which sought to have the Commission set aside the grant of the applications to transfer control of the stations. Whitehorn filed a Notice of Appeal to the United States Court of Appeals for the District of Columbia Circuit seeking to reverse the Bureau's action which dismissed his petition. The Court granted the Commission's petition to dismiss Whitehorn's appeal. The Court found that Whitehorn failed to seek appropriate review by the full Commission before seeking judicial review. In the instant proceeding, Whitehorn sought to cure the procedural defect. However, Commission rules require that an application for review of a final action taken pursuant to delegated authority be filed within 30 days of the action. Thus, the Commission stated that Whitehorn's application was untimely filed, and is therefore dismissed. Action by the Commission July 19, 1995, by Order (FCC 95- 303). Chairman Hundt, Commissioners Quello, Barrett, Ness, and Chong. -FCC- News Media contact: Patricia A. Chew at (202) 418-0500. Mass Media Bureau contact: David Blank at (202) 418-2670.