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A. 1. a.(1)(a) i) a) 1 A. 1. a.(1)(a) i) a)para 2}CC,MX}xP7XP$ 2~CC,X~ps7Xff Columns On 2 Columns 3 Columns 4 Columns 5 ColumnsFontCenterCDecimalDFulleftLNo Table"5@^7B_oo/BBNu7B77ooooooooooBBuuuzÑz7ozzzB7BuoBozozoBzz77o7zzzzNoBzooodN8Nu7BB!BBPRBozoooooȲooooo77777777zzzzzzzzzoozzzozzooooooooozzzzzzPzBzBB7zooz7zRzzzȽNRooNF7ooBzoooooJIoBoB77ddoBBoo7dBBtBnnnnuyy2Psu7coonCzshcnonvyXzXshn~|y7B_oo/BBNu7B77ooooooooooBBuuuzÑz7ozzzB7BuoBozozoBzz77o7zzzzNoBzooodN8Nu7odooBȆBȖ77ddFoBoB7Boooo8oBJouBoPnBBBso7BBIozȑ7777uzooooooooooo7777zzzzzzznzzzzzoz",tB^ f ^CCd||CCC|CCCC||||||||||CCh|so8okv|xCCCddCkskskHss00k0ssssFdHsooo`YdY|9|||||C||||||d|x0kkkkkksksksksk80808080sssssssssoktssosvsl|lll||tl||||tlt||||||80||||9x`|||l0lD||lHl0tt|t|HH|ddd||P|H||st||ts|x`x`x`|||||||oCddCCCWddddddddddddddddddddddddddddddddddddddddNd||Choo||~QQ|LLdd|LCCdd~JJ~~zzdddzzCddL"djd9 dCCvCd|o~dC~d~skzUvdYYCCCCo~kodks]zUsk80dhoo~UssvkvvY~]k`sC~koCC~~~~~~~CsdYC\   pxtll\tll@\@\`L2f FZy!",tB^ f ^CCh||CCC|CCCC||||||||||CCh|so8okv|xCCCddCkskskHss00k0ssssFdHsooo`ddd|8|||||C||||||d|x0kkkkkksksksksk80808080sssssssssoktssosvsl|lll||tl||||tlt||||||80||||8x`|||l0lP||lNl8tt|t|HH|ddd||\|H||st||ts|x`x`x`|||||||oCddCCCWddddddddddddddddddddddddddddddddddddddddNd||Choo||~QQ|LNdd|LCCdd~JJ~~zzdddzzCddL"dod9 dCCzCd|v~`C~o~sdzUvdddCCCCs~vodssdz]sz84ddvo`szvsz]~]vosC~sCC~~~~~~~CzdYC\   pxtll\tll@\@\`L=   $//Lucinda Felicia Paulos, Sebastopol, CA., MM 90298, MO&O,FCC 95R07//$ $/500.3525 Settlement Agreement/$ ///newjob/// $///FCC 95R7,4/20/95///$  S1- cBefore the ` ` FEDERAL COMMUNICATIONS COMMISSION FCC 95R07 Y0Washington, D.C. 20554  S -5MM Docket No. 90298 ă In re Applications of  SK-LUCINDA FELICIA PAULOShhCqFile No. BPH880516MB  S-JOHN A. CAROLLO, JR.hhCqFile No. BPH880519MX For Construction Permit for a New FM Station, Channel 229A (93.7 MHz) Sebastopol, California  S|-  MEMORANDUM OPINION AND ORDER  SN-Adopted: April 18, 1995; qReleased: April 25, 1995  )  S -By the Review Board: MARINO (Chairman) and GREENE. " S - " 1. ` ` A Joint Request For Approval of Settlement Agreement was filed on  d(#March 13, 1995, by Lucinda Felicia Paulos and John A. Carollo, Jr. On March 30,  d(#1995, Carollo filed a petition for leave amend, which he supplemented on April 5,  d(#L1995. The Mass Media Bureau, in Comments filed March 21 and April 10, 1995,  d(#supports the grant of both the joint request and the petition for leave to amend as  d(#consistent with the relevant requirements of the Communications Act, Commission  d(#rules, and precedent. We will approve the settlement agreement and grant the petition for leave to amend for the reasons discussed below.  S(- % 2. ` ` In a Decision, 8 FCC Rcd 8237 (Rev. Bd. 1993), we affirmed the"(=0*0*0*0*" presiding  d(#jAdministrative Law Judge's selection of John A. Carollo, Jr. as the superior comparative"(=0*0*0*0*"  d(#applicant. Paulos filed a timely petition for reconsideration, but the Board did not act on"(=0*0*0*0*" it because of the Commission's Public Notice suspending comparative cases. FCC"(=0*0*0*0*" Freezes Comparative Proceedings, 9 FCC Rcd 1055 (1994). A third  d(#,applicant, Manzanita Media, Inc., did not file either a petition for reconsideration or an  S- d(#application for review of our Decision, and the Board dismissed Manzanita's  d(#application on the ground that its prior denial of Manzanita's application had become  S- d(#final by operation of law. Lucinda Felicia Paulos, 9 FCC Rcd 2530 (Rev. Bd. 1994).  d(#The Commission denied Manzanita's application for review of the dismissal ruling, 10  d(#FCC Rcd 145 (1995), and Manzanita did not seek judicial review of the Commission's order.  S1- ^ 3. ` ` In their Joint Request, Carollo and Paulos, the two remaining applicants  d(#wafter nearly seven years of litigation, seek approval of a Settlement Agreement, which,  d(#if approved, will result in the grant of Carollo's application and the dismissal of Paulos'  d(#,application. Carollo will reimburse Paulos for her legitimate and prudent expenditures up to $85,000.  S - | 4. ` ` The applicants have satisfied the requirements of 47 USC 311(c)(3) and  d(#47 CFR 73.3525(a) that: (a) their applications were not filed for the purpose of  d(#jentering into a settlement agreement; (b) the public interest will be served by the  d(#xsettlement of this protracted litigation which will authorize the establishment of the  d(#first commercial aural service in Sebastopol; and d, , d,  (c) the proposed settlement payment does not exceed Paulos' legitimate and prudent expenses.  S-  5. ` ` The parties also request the Board to vacate the Initial Decision, 7 FCC  S- d(#Rcd 3145 (1992), in this case, based on Shawn Phalen, 7 FCC Rcd 7638 (1992), and  S- d(# RKO General, Inc. (WAXYFM), 5 FCC Rcd 642 (1990), and rule that the Initial  S- d(#kDecision "not bear upon Ms. Paulos' ability to acquire interest(s) d-   d- in the future,  d(#provided that she submit, if necessary, an adequate showing of good character." In  S- d(#its Comments at 24, the Bureau supports the parties' request to vacate the Initial  S|- d(#KDecision, but cautions the Board to refrain from issuing a ruling on "what showing  d(#[Paulos should be required to make concerning her qualifications in the event she applies for a Commission authorization in the future."  S -  6. ` ` We will vacate the findings and conclusions of the Initial Decision in  S - d(#accordance with Commission precedent recently discussed in Raymond W. Clanton,  S- d(#FCC 95R03, released March 16, 1995, and Frank Digesu, Jr., 9 FCC Rd 7866 at   d(#,7 (Rev. Bd. 1994). We do not believe that the applicants have requested a declaration  d(#in advance concerning the showing that must be submitted in the future to establish  d(#ZPaulos' qualifications. Moreover, as contemplated by the Commission d/ ' d/ s decision in  S"- d(#Allegan County Broadcasters, Inc., 83 FCC 2d 371, 373 (1980), questions about a  d(#dismissing applicant's basic qualifications need not be resolved prior to approval of a  d(#[settlement agreement, and will, if necessary, be "revisited in a future proceeding should the applicant again seek to obtain a Commission license." "#'0*((P("Ԍ S- m 7. ` ` Finally, Carollo has demonstrated good cause for his petition for leave to  S- d(#amend. See Raymond W. Clanton, supra. The amendment proposes to substitute a  d(#Nevada  d1 c d1 orporation, Sebastopol Radio Corporation, of which Carollo is the 100%  S- d(#wowner, for his individual application.  d2   d2 Carollo's amendment also proposes a permissive  d(#increase in the effective radiated power of his proposed station. Pet. For Leave to  d(#xAmend at 23. Based on its analysis of the amendment, the Bureau has determined  d(#ithat the engineering proposal "complies with all applicable technical requirements."  d(#Comments of April 10 at 12. Good cause has been shown for Carollo's engineering  SH- d(#amendment which will help resolve the protracted litigation by settlement. See  S1-Evergreen Broadcasting Co., 6 FCC Rcd 5599, 560304 (1991).  S -  8. ` ` ACCORDINGLY, IT IS ORDERED, That the Joint Request For Approval of  d(#KSettlement Agreement filed on March 13, 1995, by Lucinda Felicia Paulos and John A. Carollo, Jr. IS GRANTED, and the attached  d7 a d7 greement IS APPROVED;  S -  9. ` ` IT IS FURTHER ORDERED, That the petition for leave to amend filed  d(#March 30, 1995, and supplemented April 5, 1995, by John A. Carollo, Jr., IS  d(#-GRANTED and that the attached amendment as supplemented IS ACCEPTED; that  Sb- d(#=Sebastopol Radio Corporation is substituted as the applicant; and that the Initial  SK-Decision, 7 FCC Rcd 3145 (ALJ 1992), IS VACATED; and d9 , d9   S-  10. ` ` IT IS FURTHER ORDERED, That the petition for reconsideration filed  d(#December 27, 1993, by Lucinda Felicia Paulos IS DISMISSED; that the application of  d(#Lucinda Felicia Paulos IS DISMISSED; that the application of Sebastopol Radio  d(#OCorporation (BPH880519MX) IS GRANTED; and that this proceeding IS TERMINATED. ` `  hhCqFEDERAL COMMUNICATIONS COMMISSION ` `  hhCqJoseph A. Marino ` `  hhCqChairman, Review Board d:   d: