WPCn 2B$J Z CourierCourierCourier BoldCourier Italic@`7X@HP LaserJet 4_230_1HPLAS4.PRS 4x  @\oeX@26FZ~ 3|xCourierCourier BoldCourier ItalicCourier Bold ItalicHP LaserJet 4M (PCL) Room 201HPLA4MPC.PRSx  @\A3vX@2X#[2nl<?xxx,2x6X@`7X@?xxx,)x `7X ?xxx,Mx6Nhez7XH Y-=  $//Raymond W. Clanton, El Rio, CA., MM 9387, MO&O, 95R03//$ $/500.3525 Settlement Agreement/$  ?<' Before the ă  ?x<x` ` FEDERAL COMMUNICATIONS COMMISSION FCC 95R03  ?@< Washington, D.C. 20554 ă  ?<x MM Docket No. 9387 ă In re Applications of  ? <RAYMOND W. CLANTONhh@hFile No. BPH911216MC  ?<LOREN F. SELZNICKhh@hFile No. BPH911216MD For Construction Permit for a New FM Station on Channel 279A In El Rio, California  ?<  MEMORANDUM OPINION AND ORDER ă  ?<x` ` Adopted:March 6, 1995; Released: March 16, 1995  ?< By the Review Board: MARINO (Chairman), and GREENE.  ?< ` <x 1. ` ` The two applicants in this case filed a Joint Request for  x<Approval of Settlement Agreement on January 17, 1995, which was  xx<supplemented on January 18, 1995. The Mass Media Bureau supported  xx<the joint request in comments filed February 1, l995, conditioned  x<upon submission of an implementing amendment. That amendment was  x<filed on February 27, l995. Since the joint request as  x<supplemented complies with the relevant Commission requirements discussed below, we will grant it.  ? < ` <x 2. ` ` In an Initial Decision, 9 FCC Rcd 6930, released November  x<10, 1994, Administrative Law Judge John M. Frysiak proposed to  x<grant the application of Raymond W. Clanton (Clanton), who was  x<found to be basically qualified, and to deny the application of  x<Loren F. Selznick (Selznick), who was found to be financially  ?#<unqualified. Id. at 6941.  ?%< ` < x3. ` ` Clanton and Selznick have submitted a settlement  xx<agreement which proposes the dismissal of Selznick's application,  xx<and the grant of Clanton's application for a new FM station in El  x0<Rio, California. By amendment, Clanton will transform his  x <application from an individual to a corporate form, and will  x <reimburse Selznick for $25,000 of her legitimate and prudent"h)=0*0*0*1"  ?< x<expenses. The parties also request that the Initial Decision,  ?< x<supra, be vacated in accordance with Shawn Phalen, 7 FCC Rcd 7638,  x<7639 (l992), where the Commission granted a similar request "to  xx<vacate findings and conclusions in the case." The recentlyfiled  x<petition for leave to amend proposes to substitute the Clanton  x<Corporation, which is 100% owned by Raymond W. Clanton, for the  x<individual applicant Clanton. This petition also seeks to withdraw  x<Clanton's integration commitment in accordance with Commission policy in comparative settlement proceedings.  ?< ` <x 4. ` ` As required by Section 73.3525 of the Commission's Rules,  xh<47 CFR 73.3525, which implements the Communications Act of l934, as  xx<amended, 47 U.S.C. 3ll(c)(3), the applicants have shown that: (a)  x<the public interest will be served by approval of the agreement  x <which will expedite resolution of this proceeding; (b) their  x<applications were not filed for purposes of reaching or carrying  x<out a settlement agreement; and, (c) the proposed reinbursement  x<will not exceed Selznick's legitimate and prudent expenses.  x<Additionally, Commission policy discussed by this Board in two  xx<recent cases justifies (d) the request to vacate the findings and  ?< xh<conclusions in this case, see Frank Digesu, Jr., 9 FCC Rcd 7866, at  x< 7 (Rev. Bd. l994); and (e) Clanton's request to withdraw his  ?0< x<integration proposal, see also Riverton Communications Company,  ?<Inc., 10 FCC Rcd 524 at  h=  6  h= (Rev. Bd. l995).  ?< ` <x 5. ` ` ACCORDINGLY, IT IS ORDERED , That the Joint Request for  x<Approval of Settlement Agreement filed on January 17, l995, and  xx<supplemented on January 18, l995, by Raymond W. Clanton and Loren  x<F. Selznick IS GRANTED, and the agreement attached thereto IS APPROVED;  ?8< ` <x 6. ` ` IT IS FURTHER ORDERED , That the petitions for leave to  x<amend, filed on December 20, 1994 and on February 27, l995, by  x<Raymond W. Clanton ARE GRANTED, the amendments attached thereto  x <ARE ACCEPTED; that Clanton Corporation is substituted as the  ?X< xx<applicant; and, that the Initial Decision, 9 FCC Rcd 6930 (1994), IS VACATED; and,  ?< ` <x 7. ` ` IT IS FURTHER ORDERED , That the application of Loren F.  xh<Selznick (File No. BPH911216MD) IS DISMISSED; that the application  x<of Clanton Corporation (File No. BPH911216MC) IS GRANTED; and, that this proceeding IS TERMINATED.    x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhJoseph A. Marino x` `  hhChairman, Review Board