NEWSReport No. MM 95- 86 MASS MEDIA ACTION September 1, 1995 FCC DENIES APPLICATION FOR REVIEW FILED BY WHITE PINE COMMUNICATIONS, INC. CHALLENGING THE ASSIGNMENT OF KSVC(AM), KKWZ(FM) AND FM TRANSLATOR STATION K252CO, RICHFIELD, UTAH The FCC denied an Application for Review filed by White Pine Communications, Inc. ("White Pine") of a September 15, 1994, letter from the Chief, Audio Services Division, Mass Media Bureau, granting the applications for assignment of licenses of Radio Stations KSVC(AM) and KKWZ(FM) and FM Translator Station K252CO, Richfield, Utah, from Sevier Valley Broadcasting, Inc. to Mid-Utah Radio, Inc. ("Mid-Utah"), a company solely owned by Marianne M. Barton. In its Application for Review, White Pine challenges the FCC's finding that it did not have standing to file a petition to deny the assignment applications. In addition, White Pine contends that the Bureau incorrectly applied the Commission's policy regarding spousal attribution and made erroneous findings regarding important questions of fact. Specifically, White Pine contends that Mr. Barton's media interests must be attributed to Mrs. Barton and, therefore, that the assignment applications could not be granted because the resulting ownership structure would violate Section 73.3555(a)(1)(i) of the Commission's Rules. Finally, White Pine alleges that the FCC erred in granting the assignment applications because Mid-Utah was not financially qualified at the time it filed its applications. White Pine's standing arguments are without merit. As an applicant for a new FM station in Richfield, UT, White Pine is only a potential competitor in the market and, thus, lacks standing to file a petition to deny. We nonetheless address its pleading on the merits because this is the Commission's first opportunity to review a spousal attribution decision since the presumption of spousal attribution was removed. In applying the factors enunciated in the Spousal Attribution Policy Statement, 7 FCC Rcd 1920 (1992), to the facts of this case, the FCC correctly concluded that the evidence as a whole does not raise a substantial and material question of fact regarding the independence of Mr. and Mrs. Barton's broadcast interests. While certain facts in this case may be viewed as suggesting a potential for involvement in - over - - 2 - each other's stations, absent significant speculation we cannot conclude that there will be common influence or control of the Bartons' media interests. Action by the Commission August 21, 1995, by MO&O (FCC 95-372). Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong. - FCC - News Media contact: Kara Palamaras at (202) 418-0500. Mass Media Bureau contact: Catherine M. Withers at (202) 418-1430.