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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 ) ) Benedek Broadcasting of the ) File No. BRCT-911001KU Virgin Islands, Inc., For Renewal of ) License of station WBNB-TV, ) Charlotte Amalie, VI ) ) and ) ) Benedek Broadcasting of the ) File No. BALCT-940208KE Virgin Islands, Inc. ) (Assignor) ) ) and ) ) Rena Brodhurst ) (Assignee) ) ) For Consent to the Assignment of the ) License of station WBNB-TV, ) Charlotte, Amalie, VI ) ) and ) ) Rena Brodhurst ) ) For a Construction Permit to Modify the) Facilities of station WBNB-TV, ) Charlotte Amalie, VI ) MEMORANDUM OPINION AND ORDER Adopted: June 4, 1998 Released: July 1, 1998 By the Commission: 1. The Commission has before it for consideration an application for review filed on August 7, 1995 by Rena Brodhurst ("Brodhurst") seeking review of the June 29, 1995 decision by the Chief, Video Services Division, Mass Media Bureau, which dismissed Brodhurst's application for assignment of license of station WBNB-TV, Charlotte Amalie, United States Virgin Islands, from Benedek Broadcasting, Inc. ("Benedek"), denied Benedek's request for extension of authorization to remain silent, canceled the station's license, deleted its call letters and dismissed as moot Brodhurst's application to modify the station's facilities. Atlantic Broadcasting Company ("Atlantic"), permittee of station WVXF-TV, Charlotte Amalie, Virgin Islands has opposed the application for review and Brodhurst has filed a reply to that pleading. 2. WBNB-TV's transmitter, tower and antenna were destroyed by Hurricane Hugo in 1989 and the station has since remained silent. The Commission has granted Benedek periodic extensions of an authorization for WBNB-TV to remain silent. Subsequent to the damage caused by Hurricane Hugo, Benedek lost its lease on WBNB-TV's transmitter site and suffered the loss of whatever station equipment remained. On March 11, 1993, Brodhurst filed an Informal Objection and Petition to Delete Facilities, alleging that Benedek had lost its lease for WBNB-TV's transmitter site and had taken no visible steps to return the station to the air. On January 6, 1994, Benedek itself requested that the station authorization be cancelled as of January 8, 1994. On January 25, 1994, however, Benedek wrote to the Commission withdrawing the January 6 request stating that it had been filed in error. One week later, Brodhurst and Benedek filed an application seeking Commission consent to the sale of WBNB-TV and assignment of the broadcast license. The assignment application was opposed by Atlantic and Antilles Broadcasting Corporation. 3. By letter dated June 29, 1995, the staff denied Benedek's request for extension of authorization for WBNB-TV to remain silent, canceled its license, and deleted its call letters because, inter alia, Benedek's lack of any effort to restore broadcast service since Hurricane Hugo damaged its facilities in 1989 demonstrated an effective abandonment of the station. The June 29, 1995 letter also dismissed Brodhurst's application for assignment of license, the related petitions to deny and informal objections as moot. Benedek has not sought review of the staff's ruling. 4. Brodhurst claims four grounds for review: (1) the length of the Mass Media Bureau's period of review was prejudicial; (2) the Bureau's failure to approve the assignment as a distress sale was error; (3) the Commission's bare license policy has no statutory basis and should be abandoned; and (4) the Bureau's enforcement of the bare license policy in this instance was arbitrary and capricious. Brodhurst further alleges that the denial of her assignment application was counter to the Commission's publicly stated goals of promoting broadcast ownership by minorities and women. Brodhurst does not present any reasons, however, why the staff's denial of Benedek's extension request, cancellation of the license and deletion of its call letters was in error or should otherwise be revised. For this reason, the staff's actions relating to Benedek stand and therefore, there is no longer any license to assign. Consequently, it is unnecessary for us to reach the merits of any of Brodhurst's legal arguments in her application for review concerning the assignment application. 5. Accordingly, IT IS ORDERED, That the Application for Review filed by Rena Brodhurst IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary