$//Raymond W. Clanton, El Rio, CA., MM 93-87, MO&O, 95R-03//$ $/500.3525 Settlement Agreement/$ Before the FEDERAL COMMUNICATIONS COMMISSION FCC 95R-03 Washington, D.C. 20554 MM Docket No. 93-87 In re Applications of RAYMOND W. CLANTON File No. BPH-911216MC LOREN F. SELZNICK File No. BPH-911216MD For Construction Permit for a New FM Station on Channel 279A In El Rio, California MEMORANDUM OPINION AND ORDER Adopted: March 6, 1995; Released: March 16, 1995 By the Review Board: MARINO (Chairman), and GREENE. 1. The two applicants in this case filed a Joint Request for Approval of Settlement Agreement on January 17, 1995, which was supplemented on January 18, 1995. The Mass Media Bureau supported the joint request in comments filed February 1, l995, conditioned upon submission of an implementing amendment. That amendment was filed on February 27, l995. Since the joint request as supplemented complies with the relevant Commission requirements discussed below, we will grant it. 2. In an Initial Decision, 9 FCC Rcd 6930, released November 10, 1994, Administrative Law Judge John M. Frysiak proposed to grant the application of Raymond W. Clanton (Clanton), who was found to be basically qualified, and to deny the application of Loren F. Selznick (Selznick), who was found to be financially unqualified. Id. at 6941. 3. Clanton and Selznick have submitted a settlement agreement which proposes the dismissal of Selznick's application, and the grant of Clanton's application for a new FM station in El Rio, California. By amendment, Clanton will transform his application from an individual to a corporate form, and will reimburse Selznick for $25,000 of her legitimate and prudent expenses. The parties also request that the Initial Decision, supra, be vacated in accordance with Shawn Phalen, 7 FCC Rcd 7638, 7639 (l992), where the Commission granted a similar request "to vacate findings and conclusions in the case." The recently-filed petition for leave to amend proposes to substitute the Clanton Corporation, which is 100% owned by Raymond W. Clanton, for the individual applicant Clanton. This petition also seeks to withdraw Clanton's integration commitment in accordance with Commission policy in comparative settlement proceedings. 4. As required by Section 73.3525 of the Commission's Rules, 47 CFR 73.3525, which implements the Communications Act of l934, as amended, 47 U.S.C. 3ll(c)(3), the applicants have shown that: (a) the public interest will be served by approval of the agreement which will expedite resolution of this proceeding; (b) their applications were not filed for purposes of reaching or carrying out a settlement agreement; and, (c) the proposed reinbursement will not exceed Selznick's legitimate and prudent expenses. Additionally, Commission policy discussed by this Board in two recent cases justifies (d) the request to vacate the findings and conclusions in this case, see Frank Digesu, Jr., 9 FCC Rcd 7866, at  7 (Rev. Bd. l994); and (e) Clanton's request to withdraw his integration proposal, see also Riverton Communications Company, Inc., 10 FCC Rcd 524 at  6 (Rev. Bd. l995). 5. ACCORDINGLY, IT IS ORDERED, That the Joint Request for Approval of Settlement Agreement filed on January 17, l995, and supplemented on January 18, l995, by Raymond W. Clanton and Loren F. Selznick IS GRANTED, and the agreement attached thereto IS APPROVED; 6. IT IS FURTHER ORDERED, That the petitions for leave to amend, filed on December 20, 1994 and on February 27, l995, by Raymond W. Clanton ARE GRANTED, the amendments attached thereto ARE ACCEPTED; that Clanton Corporation is substituted as the applicant; and, that the Initial Decision, 9 FCC Rcd 6930 (1994), IS VACATED; and, 7. IT IS FURTHER ORDERED, That the application of Loren F. Selznick (File No. BPH-911216MD) IS DISMISSED; that the application of Clanton Corporation (File No. BPH-911216MC) IS GRANTED; and, that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Joseph A. Marino Chairman, Review Board