******************************************************** 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 Applications of ) ) SBR Broadcasting Corp. ) File No. BRH-970730L2 for a Renewal of License of ) Station KCAL-FM, Redlands, California and) ) Inland Empire Broadcasting Corp.) File No. BRH-970730L3 for a Renewal of License of ) Station KOLA(FM), San Bernardino, California) MEMORANDUM OPINION AND ORDER Adopted: October 7, 1999 Released: October 14, 1999 By the Commission: 1. The Commission has before it a June 3, 1999, Application for Review filed by Joseph D. Jones ("Jones") and related responsive pleadings. Jones seeks review of a May 6, 1999, letter ruling by the Chief, Audio Services Division, Mass Media Bureau which denied his Petition for Reconsideration. Jones argues that the staff erred in affirming the grant of the above-captioned license renewal applications for stations KOLA(FM), San Bernardino, California and KCAL-FM, Redlands, California, and in dismissing his request to build new stations in their stead. 2. Jones had alleged various violations at the stations such as that he was denied access to the stations' public inspection files, and that a white employee with a Spanish surname allegedly was incorrectly identified to the Commission as Hispanic in Equal Employment Opportunity reports. The staff found Jones's submissions were inadequate to warrant nonrenewal of either station under 47 U.S.C.  309(k). The staff also noted that Jones incorrectly filed applications on FCC Form 302 (Application for FM Broadcast Station License) because such applications can only be filed by applicants who already have been granted a construction permit, and 47 U.S.C.  309(k)(4) prohibits consideration of applications competing with license renewals. The fees associated with the erroneous applications were returned to Jones on April 17, 1998. 3. We find that Jones's arguments were thoroughly considered and properly resolved by the staff, and we uphold the staff decision for the reasons stated therein. There is no reason to disturb it. See WAMC, Inc., 10 FCC Rcd 12219 (1995) (denying application for review raising essentially the same arguments as in petition for reconsideration). 4. Accordingly, IT IS ORDERED that the Application for Review filed by Joseph D. Jones, IS HEREBY DENIED. This action is taken pursuant to authority granted by Section 5(c)(5) of the Communications Act, 47 U.S.C.  155(c)(5), and Section 1.115(g) of the Commission's Rules, 47 C.F.R.  1.115(g). FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary