NEWSReport No. GN 96-2 GENERAL ACTION January 31, 1996 FCC GRANTED MINORITY COMMUNICATIONS INC.'S APPLICATION FOR A NEW NONCOMMERCIAL STATION, KUCB-FM, IN DES MOINES, IOWA The FCC denied Iowa Acorn Broadcasting Corp.'s (Acorn) and Black Economic Development's (Center) applications for review and dismissed Minority Communications Inc.'s (Minority) contingent application for review, thereby affirming the Review Board's denial of Center's renewal application and grant of Minority's application for a new noncommercial educational FM station in Des Moines, Iowa. Despite the conviction of Center's President in Federal court for impersonation of an attorney and for conspiracy, racketeering, and embezzlement, Center failed to report this fact, as required, in its renewal application for KUCB-FM. The Administrative Law Judge (ALJ) and the Review Board found this omission be intentional. Furthermore, the ALJ and the Board agreed that evidence taken during this hearing showed that Center had engaged in a "cover up" concerning its President's misconduct and that Center's witnesses lacked candor in their testimony. Based on these circumstances, Center's renewal application was denied. Center argues that the mistaken response in its renewal application was a product of ignorance, that there is no substantial evidence for any other conclusion, and that such carelessness without an intent or motive to mislead should not be grounds for disqualification. Center also contends that it did not have a full opportunity to recognize the prejudgment bias of the ALJ and the Mass Media Bureau. Finally, Center claims that the Board failed to consider the unique role played by its minority-owned education station in the Des Moines' community. With respect to Acorn, during the hearing, Acorn showed that Affiliated Media Foundation Movement (AMFM) agreed to obtain financing for Acorn, that AMFM obtained a commitment letter from the U.S. Trust for a loan of up to $700,000, and that Acorn needs a total of $155,355 to finance its proposed station. The ALJ and the Board concluded that Acorn is not financially qualified because the $700,000 loan proposal shows that there has been no meeting of minds on the applicant's financial needs, because U.S. Trust's commitment is contingent on AMFM's continued participation in the venture and management of the station, whereas Acorn's application proposes no management role for AMFM, and because U.S. Trust's proposal is also contingent on obtaining approval from potential investors without a showing that they have expressed a willingness to participate. (over) - 2 - Action by the Commission January 26, 1996, by Order (FCC 96-32). Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong. - FCC - News Media contact: Kara Palamaras at (202) 418-0500.