Report No. MM 95-74 MASS MEDIA ACTION August 3, 1995 NAACP DENIED RECONSIDERATION OF FCC ACTION CONCERNING RENEWAL OF LICENSE OF STATIONS WSPD(AM)/WLQR(FM), TOLEDO, OH, DISMISSED The Commission has dismissed a petition for reconsideration filed by the Ohio State Conference of Branches of the NAACP. The NAACP sought reconsideration of the Commission's decision which granted the applications of Toledo Broadcasting Company, Inc. to renew of license of stations WSPD(AM)/WLQR(FM), Toledo, OH. The Commission concluded initially that the NAACP had failed to demonstrate that it was a "party in interest" to this proceeding because the declarations filed with the NAACP's petition to deny failed to establish its standing. Seeking reconsideration, the NAACP stated that it did not dispute the facts underlying the Commission's decision to treat its petition to deny as an informal objection. Rather, the NAACP argued that because the Commission recognized the existence of the Toledo Branch of the NAACP, it should have presumed that the NAACP has local residents affected by the stations' operations, either as listeners or as participants in the job market. Dismissing reconsideration, the Commission stated that it is not obligated to presume facts required to be alleged, as the petitioners requested in this case. As an informal objector, the NAACP lacked standing to bring the instant petition because it is not a party to the proceeding within the meaning of the Communications Act or the Commission's rules. Moreover, the Commission stated that the NAACP's petition for reconsideration has failed to demonstrate that its interests were adversely affected by the Commission's decision in this case, nor has it demonstrated that it was not possible for it to participate as a petitioner in the earlier stages of the proceeding. Action by the Commission July 19, 1995, by Memorandum Opinion and Order (FCC 95-306). Chairman Hundt, Commissioners Quello, Barrett, Ness, and Chong. -FCC- News Media contact: Patricia A. Chew at (202) 418-0500. Mass Media Bureau contact: Ray White at (202) 418-1440.