Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In re Application of                    )
                                )
Ridge L. Harlan                    )         File No. BR-900801UM
                                )
For Renewal of License of               )
Station KUBA(AM)                )
Yuba City, California           )


                 MEMORANDUM OPINION AND ORDER 

   Adopted:  October 13, 1999           Released:  October 19, 1999

By the Commission:

     1.   The Commission has under consideration:  (i) its Memorandum Opinion and Order and
Notice of Apparent Liability in Radio Dinuba Company, 11 FCC Rcd 8931 (1996) ("NAL"), insofar as it
granted the above-captioned application of Ridge L. Harlan for renewal of the license of station KUBA(AM),
Yuba City, California, subject to a Notice of Apparent Liability for a forfeiture in the amount of $17,500,
and reporting conditions; and (ii) a response to the Notice of Apparent Liability entitled Petition for
Reconsideration and Response to Notice of Apparent Liability timely filed by Harlan.

     2.   The Notice of Apparent Liability in this case was issued based on apparent violations of the
Equal Employment Opportunity ("EEO") program provisions of the EEO Rule, Section 73.2080(b) and (c)
of the Commission's Rules.  However, the United States Court of Appeals for the District of Columbia
Circuit held that the EEO program requirements of the EEO Rule are unconstitutional.  Lutheran Church -
Missouri Synod v. FCC, 141 F.3d 344 (D.C. Cir. 1998) , pet. for reh'g denied, 154 F.3d 487, pet.for reh'g en
banc denied, 154 F.3d 494 (D.C. Cir. 1998). ("Lutheran Church").  The Court's mandate has issued. 
Accordingly, in light of the Court's ruling, we will rescind the Notice of Apparent Liability issued in this case
on our own motion.  In light of the foregoing, the licensee's Petition for Reconsideration and Response to
Notice of Apparent Liability will be dismissed as moot.

     3.   There are other pending cases in which licensees (or former licensees that have sold the
station(s) involved subsequent to Commission action) have sought timely reconsideration, reduction, or
rescission of notices of apparent liability or forfeiture orders originally issued by the Commission based on
apparent violations of the EEO program provisions of Section 73.2080(b) and (c) of the Commission's Rules. 
In order to facilitate the resolution of these currently pending cases, we are hereby delegating to the Chief,
Mass Media Bureau, authority to act on pending cases involving only petitions for reconsideration, responses
to notices of apparent liability, or similar requests by licensees (or former licensees) that address a
Commission finding that the licensee (or former licensee) violated the EEO program requirements in Section
73.2080(b) and (c) of the Commission's Rules, including the authority to rescind notices of apparent liability
or forfeiture orders adopted by the Commission in connection therewith in cases where the forfeiture has not
been paid.  This delegated authority will also extend to currently pending cases where a notice of apparent
liability based on apparent violations of the EEO program requirements in Section 73.2080(b) and (c) of the
Commission's Rules was issued, but the forfeiture has not been paid, no response has been received from
the licensee, and no forfeiture order has been issued.

     4.   Accordingly, IT IS ORDERED that the Notice of Apparent Liability issued to Ridge L.
Harlan pursuant to the NAL IS HEREBY RESCINDED.

     5.   IT IS FURTHER ORDERED that the Petition for Reconsideration and Response to Notice
of Apparent Liability filed by Ridge L. Harlan IS DISMISSED as moot. 

     6.   IT IS FURTHER ORDERED that a copy of this Memorandum Opinion and Order be sent
by Certified Mail -- Return Receipt Requested -- to Ridge L. Harlan.

                        FEDERAL COMMUNICATIONS COMMISSION




                        Magalie Roman Salas
                        Secretary