******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In re: Application of ) ) EILEEN S. BAILEY, TRUSTEE IN ) BANKRUPTCY FOR EVAN DOSS ) CORPORATION (Assignor) ) ) and ) File No. BAL-980325GK ) CLAIBORNE COUNTY COMMUNITY ) ACTIVITY CLUB, INC. (Assignee) ) ) For assignment of the construction ) permit of Station WKPG(AM), ) Port Gibson, Mississippi ) MEMORANDUM OPINION AND ORDER Adopted: July 19, 1999 Released: July 20, 1999 By the Commission: 1. The Commission has before it an application for review filed August 12, 1998 by Evan Doss, Jr. Corporation ("Doss"). Doss requests review of a July 13, 1998 ruling by the Chief, Audio Services Division, Mass Media Bureau ("staff decision") denying Doss' petition for reconsideration of the May 7, 1998 action granting the captioned application to assign the construction permit of Station WKPG(AM), Port Gibson, Mississippi, from Eileen S. Bailey, Trustee in Bankruptcy for Evan Doss, Jr. Corporation ("Bailey") to Claiborne County Community Activity Club, Inc. (File No. BAL-980325GK) ("Claiborne"). The Commission has reviewed the allegations raised by Doss in its informal objection and subsequent pleadings and nothing therein leads us to believe the assignment is contrary to the public interest. 2. With respect to Doss' allegation that the assignment involves a "bare license," we note that the staff sought additional information in an inquiry letter to Bailey and Claiborne on November 20, 1998. Claiborne's November 30, 1998 response makes clear that Claiborne acquired tangible assets necessary to operate WKPG(AM) in late 1997 from a third party, prior to its acquisition of the authorization. Pursuant to established precedent, acquisition of such assets from a third party, as here, is consistent with Commission policy, and there was no "bare license" assignment. American Music Radio, 10 FCC Rcd 8769, 8772-72 (1995); Arecibo Radio Corp., 101 FCC 2d 545, 550 n. 12 (1985); Public Service Enterprises, Inc., 69 FCC 2d 967, 972-73 (1978). We therefore affirm the staff decision. 3. Accordingly, IT IS ORDERED, that the application for review filed August 12, 1998 by Evan Doss, Jr. Corporation IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Magalie Rom n Salas Secretary