Report No. MM 95-94 MASS MEDIA ACTION September 21, 1995 FCC AFFIRMS GRANT OF APPLICATION TO ASSIGN THE LICENSE OF KKMX(FM), TRI CITY, OREGON The Commission has upheld a staff decision granting the application to assign the license of KKMX(FM), Tri City, Oregon from FM Broadcasters of Douglas County to Tri City Communications, Inc. (TCC). In so doing, the Commission denied the application for review of this action filed by Douglas County Tri Casters, Inc. (DCTC). The FCC also dismissed a DCTC petition for reconsideration of the dismissal of its petition to deny an earlier-filed KKMX(FM) assignment application. DCTC contended that it was improper for the Mass Media Bureau to grant the assignment application prior to the resolution of unauthorized transfer of control allegations then pending against the seller and another local broadcaster. DCTC also argued that the transaction violates the multiple ownership rules and cross-interest policy, and impermissibly contemplated the assignment of a bare license. Finally, DCTC alleged that TCC had made misrepresentations regarding the role of the brother of TCC's president in a Roseburg, Oregon advertising agency. Denying review, the Commission found that, consistent with precedent, the staff properly disposed of the license assignment application without prejudice to any subsequent enforcement action. The Commission also agreed with the Bureau's findings that the assignment fully complies with the broadcast ownership rules and does not involve a potential cross-interest that could impede economic competition or viewpoint diversity. Moreover, the Commission concurred in the Bureau conclusion that the application proposed the assignment of more than the KKMX(FM) license. In resolving an issue not passed on by the Bureau, the Commission concluded that DCTC failed to raise a substantial and material question of fact regarding alleged misrepresentations which warranted further inquiry. Action by the Commission August 21, 1995 by MO&O (FCC 95-371). Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong. - FCC - News Media contact: Kara Palamaras at (202) 418-0500. Mass Media Bureau contact: Peter H. Doyle at (202) 418-2780.