Report No. MM 95-79 MASS MEDIA ACTION August 15, 1995 FCC AFFIRMS GRANT OF APPLICATION TO ASSIGN THE LICENSE OF WIZF(FM), ERLANGER, KY The Commission has affirmed the grant of the application to assign the license of WIZF(FM), Erlanger, KY, from Inter-Urban Broadcasting of Cincinnati, Inc., Debtor-in-Possession, to Blue Chip Broadcasting Company (BCBC). In so doing, the Commission denied the application for review of this action filed by Thomas P. Lewis and James J. Hutchinson. Together, Lewis and Hutchinson owned 91 percent of Inter- Urban. Lewis and Hutchinson's alternative reorganization plan was rejected by the bankruptcy court. Lewis and Hutchinson's alternative reorganization plan was rejected by the bankruptcy court. Lewis and Hutchinson petitioned to deny the assignment based on the allegation that one of the major lenders to the assignee, BCBC, for financing the acquisition of WIZF is the undisclosed real-party-in-interest in BCBC. Lewis and Hutchinson petition was subsequently denied by the Mass Media Bureau. Lewis and Hutchinson filed the instant application for review restating essentially the same allegations. Denying review, the Commission affirmed the Bureau's factual findings and the Bureau's conclusion that the record does not establish that the lender is a real-party-in-interest in BCBC. The Commission agreed with the Bureau's finding that the petitioners failed to present a substantial and material question of fact which warranted further inquiry. Action by the Commission August 7, 1995, by Memorandum Opinion and Order (FCC 95-347). Chairman Hundt, Commissioners Quello, Barrett, Ness, and Chong. -FCC- News Media contact: Patricia A. Chew at (202) 418-0500. Mass Media Bureau contact: Richard Waysdorf at (202) 418- 2084.