NOTICE ********************************************************* NOTICE ********************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file pnmc5021. File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ************************************************************** *** ******** $//Center for Study and Application of Black Economic Development, Des Moines, IA., MM 91-204, MO&O, 95R-12//$ $/1.106 Petitions for Reconsideration/$ Before the FEDERAL COMMUNICATIONS COMMISSION FCC 95R-12 Washington, D. C. 20554 MM Docket No. 91-204 In re Applications of CENTER FOR STUDY AND File No. BRED-900131UA APPLICATION OF BLACK ECONOMIC DEVELOPMENT For Renewal of License of Station KUCB-FM Des Moines, Iowa and IOWA ACORN BROADCASTING File No. BPED-900102MB CORPORATION MINORITY COMMUNICATIONS, INC. File No. BPED-900116MA For a Construction Permit for a New FM Station Des Moines, Iowa MEMORANDUM OPINION AND ORDER Adopted: May 30, 1995; Released: By the Review Board: MARINO (Chairman) and GREENE. 1. On April 17, 1995, Center for Study and Application of Black Economic Development filed a petition for reconsideration, which was opposed on April 19 by Minority Communications, Inc., and May 1 by the Mass Media Bureau. Center replied on April 28, 1995. It is well established that "reconsideration will not be granted to debate matters upon which we have already deliberated and spoken." Eugene Walton, 7 FCC Rcd 6038 (1992), quoting WWIZ, Inc., 37 FCC 685 (1964), aff'd sub nom. Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied, 383 U.S. 967 (1967). A petition for reconsideration must show a manifest error or material omission requiring "substantial alteration of the original decision." Rio Grande Broadcasting Co., 8 FCC Rcd 8726 (Rev. Bd. 1993); see 47 CFR  1.106(d). The petition does not satisfy the Commission's requirements for reconsideration requests and will, therefore, be denied. 2. By Decision, 10 FCC Rcd 2836 (Rev. Bd. 1995), we denied Center's application for renewal of Station KUCB-FM, in Des Moines, Iowa, after reviewing the record "based primarily on Center's exceptions, its proposed findings of fact, its contemporaneous documents filed with the Commission during 1987-1990, and the testimony of [three of its principal witnesses]." 10 FCC Rcd at 2837  7. Two separate and independent conclusions were reached by a unanimous Board: First, we hold that substantial record evidence supports the ALJ's finding that Center's "no" response to Question 6 of the renewal application denying Knox's felony convictions was a misrepresentation. Second, and even more serious, is our conclusion that the record fully supports the ALJ's findings about a "cover up" and the giving of candorless testimony by Center's witnesses at the hearing. Thus, Center has breached the fundamental requirement that complete candor is demanded of "Commission licensees as to matters under investigation." Id. (citations omitted); see also Statement of Board Member Marjorie Reed Greene, "this Review Board's decision has... everything to do with the Commission's requirement of truthfulness and reliability from its licensees...." 10 FCC Rcd at 2851. 3. As argued by the Mass Media Bureau and Minority, Center's petition merely repeats arguments, often verbatim, previously advanced in its proposed findings and exceptions and addressed by the Board's Decision and additional Statement. For example, Center states: "The Board failed to appreciate and understand that pertaining to Dr. Charles Knox's felony convictions, board members of Center did not have knowledge of these convictions as one occurred in Texas and one in Illinois"; and second, Center states: "The Board failed to understand and appreciate that Larry Nevilles was a crucial witness in the testimony that was presented and Mr. Parrish [Center's counsel of record] was denied the opportunity to cross-examine him...." The first argument had been advanced previously in Center's proposed findings to the ALJ and in exceptions filed with the Board. Our Decision at  10 addressed the argument and specifically stated that we were not relying on the ALJ's finding that Center's board members "Long and Samad knew of the [Knox] convictions when the renewal application was filed...," and that "our Decision [did] not rest on that finding." The second argument was set forth in Center's exceptions, and addressed by us at  22 of the Decision, where we held that "contrary to a contention by Center, ... its chief counsel, Alfredo Parrish, had an opportunity to fully cross examine Larry Nevilles... See Tr. 656-717, 762-764." Its other arguments are equally repetitive of matter previously considered in our Decision, and therefore provide no substantial basis for reconsideration. 4. ACCORDINGLY, IT IS ORDERED, That the petition for reconsideration filed by Center for Study and application of Black Economic Development on April 17, 1995, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Joseph A. Marino Chairman, Review Board