******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word 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 ) ) George Bouris ) (Assignor) ) ) File No. BAL-980217EB and ) ) Facility ID No. 17574 Wagenvoord Advertising Group, Inc. ) (Assignee) ) ) For Assignment of the license of ) Station WTAN(AM), Clearwater, FL ) MEMORANDUM OPINION AND ORDER Adopted: November 19, 1999 Released: November 24, 1999 By the Commission: 1. The Commission has before it an application for review filed August 31, 1999 by Eleftherios Drettakis ("Drettakis"). Drettakis requests review of a July 21, 1999 ruling by the Chief, Audio Services Division, Mass Media Bureau ("staff decision") denying the petition to deny and dismissing the petition to reinstate filed by Drettakis and granting the application to assign a fifty percent interest of the licensee of Station WTAN(AM), Clearwater, Florida, from George Bouris to Wagenvoord Advertising Group, Inc. 2. Drettakis essentially maintains that the record ownership of the licensee, approved by the staff in 1990 and consistently affirmed in subsequent ownership reports, is inaccurate. Specifically, Drettakis claims to own a forty-five percent interest pursuant to a 1990 intra-corporate stock purchase. He also claims that Bouris owns only ten percent of the licensee and thus cannot assign a fifty percent interest. 3. The evidence Drettakis submits in support of his claim consists of contradictory affidavits and conflicting explanations regarding various corporate documents. The dispute at issue is clearly a private one among shareholders which is within the province of a local court of competent jurisdiction, not the Commission. See Kirk Merkley, Receiver, 94 FCC 2d 829, 838 (1983); D.H. Overmyer, 94 FCC 2d 117, 123 (1983). As noted by the staff, however the Commission can subsequently accommodate a favorable local court ruling on the merits of Drettakis' contractual claim if he submits evidence of such a ruling. See Tsooris Corporation, 12 FCC Rcd 1675, 1678-79 (1997); Dale J. Parsons, Jr., 10 FCC Rcd 2718, 2719- 20 (1995). 4. Accordingly, IT IS ORDERED that the application for review filed August 31, 1999 by Eleftherios Drettakis IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Magalie Rom n Salas Secretary