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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of )
)
AMFM RADIO LICENSES, L.L.C. ) File No. EB-02-IH-0737
) NAL/Acct. No. 200432080019
Licensee of Station WIHT(FM), ) FRN No. 0001656586
Washington, D.C. ) Facility ID No. 25080
ORDER
Adopted: April 13, 2004
Released: June 10, 2004
By the Commission: Commissioner Copps issuing a statement.
1. In this Order, we grant reconsideration on our own
motion, pursuant to section 1.108 of the Commission's
rules,1 of our Notice of Apparent Liability for Forfeiture
in this proceeding (``NAL''), released today.2 Shortly
after adoption of the NAL, the staff discovered and reported
to us that, because of a clerical error, the statute of
limitations expired in this case on October 30, 2003.3
Accordingly, we cancel the NAL.
2. Accordingly, pursuant to section 503(b) of the
Act4 and section 1.108 of the Commission's rules,5 the NAL
is hereby cancelled.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
STATEMENT OF
COMMISSIONER MICHAEL J. COPPS
Re: AMFM Radio Licenses, L.L.C., Licensee Station WIHT(FM),
Washington, D.C.
In this case, the Commission adopted a Notice of
Apparent Liability against Clear Channel for violating the
statutory prohibition against broadcasting indecent
material. The Commission subsequently learned that the
statutory deadline had passed last fall when the station's
license was renewed. This case highlights the need to
address complaints filed with the Commission expeditiously.
In addition, I have been calling for the Commission to
establish an effective license renewal process under which
the Commission would once again actually consider the manner
in which a station has served the public interest. One
aspect of that consideration should include complaints filed
by the public. It is unfortunate that in this instance a
license was renewed while a pending complaint remained
unaddressed. Going forward, the Commission should not only
ensure that all complaints have been addressed before a
license is renewed, but we should also conduct a more
thorough examination of how stations are meeting their
public interest responsibilities over the term of their
licenses.
_________________________
1 47 C.F.R. § 1.108 provides that the Commission may, on its
own motion, set aside any action made or taken within 30
days from the date of public notice of such action, as that
date is defined in section 1.4 of the Commission's rules.
2 See AMFM Radio Licenses, L.L.C. (WIHT(FM)), Notice of
Apparent Liability for Forfeiture, FCC 04-35 ___FCC Rcd ___
(rel. June 9, 2004 ).
3 The NAL was issued outside of the statute of limitations
specified in section 503(b)(6) of the Communications Act of
1934, as amended (the ``Act''). See 47 U.S.C. § 503(b)(6).
4 47 U.S.C. § 503(b).
5 47 C.F.R. § 1.108.