**DA 07-1199**

In Reply Refer to:

1800B3-SS

Released: March 12, 2007

Mr. Edmund Beaulieu

32 School Street

Brewer, ME 04412

Dorann Bunkin, Esq.

Wiley Rein LLP

1776 K Street, N.W.

Washington, DC 20006

In re: WABI(AM), Bangor, Maine

CC Licenses, LLC

Facility ID No. 3670

File No. BR-20051201BAO

Application for Renewal of License

**Informal Objection**

Dear Mr. Beaulieu and Ms. Bunkin:

This letter refers to the above-noted application filed on December 1,
2005, by CC Licenses, LLC, a wholly-owned subsidiary of Clear Channel
Broadcasting Licenses, Inc. ("Clear Channel"), for renewal of license
for Station WABI(AM), Bangor, Maine. On February 22, 2006, Mr. Beaulieu
filed an Informal Objection to the WABI(AM) application. In that filing,
Mr. Beaulieu objects to Clear Channel's changing of WABI(AM)'s
programming format from music to talk. For the reasons set forth below,
we deny the Informal Objection and grant the WABI(AM) license renewal
application.

**Discussion**. In evaluating an application for license renewal, the
Commission's decision is governed by Section 309(k)(1) of the
Communications Act of 1934, as amended (the "Act"). That section
provides that if, upon consideration of the application and pleadings,
we find that (1) the station has served the public interest,
convenience, and necessity; (2) there have been no serious violations of
the Act or the Commission's Rules (the "Rules"); and (3) there have been
no other violations which, taken together, constitute a pattern of
abuse, we are to grant the renewal application.[^1] If, however, the
licensee fails to meet that standard, the Commission may deny the
application -- after notice and opportunity for a hearing under Section
309(e) of the Act -- or grant the application "on terms and conditions
that are appropriate, including a renewal for a term less than the
maximum otherwise permitted."[^2]

The role of the Commission in overseeing program content is limited. The
First Amendment to the United States Constitution and Section 326 of the
Act,[^3] prohibit the Commission from censoring program material or
interfering with broadcasters' free speech rights. The Commission does
regulate broadcast content where federal statutes direct it to do so.
For example, the Commission enforces the statutory prohibition on the
broadcast of obscene, indecent and profane material contained in the
United States Criminal Code.[^4] However, because the First Amendment
and the Act do not authorize the Commission to do so, the Commission
does not oversee a licensee's format selection. Moreover, in 1977, the
Commission issued a Policy Statement in which it concluded that review
of program formats was not required by the Act, would not benefit the
public, and would deter innovation, as well as impose substantial
administrative burdens on the Commission.[^5] The Supreme Court of the
United States has upheld this policy, stating that "the public interest
is best served by promoting diversity in entertainment formats through
market forces and competition among broadcasters. . . ."[^6] Because
there is no legal basis for the action requested in the Informal
Objection, we deny it.

**Conclusion/Actions**. We have evaluated the WABI(AM) license renewal
application pursuant to Section 309(k) of the Act,[^7] and we find that
Station WABI(AM) has served the public interest, convenience, and
necessity during the subject license term; there have been no serious
violations of the Act or the Commission's Rules; and there have been no
other violations which, taken together, constitute a pattern of abuse.

In light of the above discussion, and pursuant to Section 309(k) of the
Act and Sections 0.61 and 0.283 of the Commission's Rules,[^8] the
Informal Objection filed on February 22, 2006, by Edmund

Beaulieu IS DENIED, and the application (File No. BR-20051201BAO) of CC
Licenses, LLC, for

renewal of license for Station WABI(AM) IS GRANTED.

> Sincerely,

Peter H. Doyle Chief, Audio Division

> Media Bureau

cc: CC Licenses, LLC

[^1]: 47 U.S.C. § 309(k)(1). The renewal standard was amended to read as
    described by Section 204(a) of the Telecommunications Act of 1996,
    Pub. L. No. 104-104, 110 Stat. 56 (1996). S*ee Implementation of
    Sections 204(a) and 204(c) of the Telecommunications Act of 1996
    (Broadcast License Renewal Procedures)*, Order, 11 FCC Rcd 6363
    (1996).

[^2]: 47 U.S.C. §§ 309(k)(2), 309(k)(3).

[^3]: 47 U.S.C § 326.

[^4]: *See* 18 U.S.C. § 1464.

[^5]: *S**ee* [*Changes in the Entertainment Formats of Broadcast
    Stations*, Memorandum Opinion and Order, 60 FCC 2d 858
    (1976)](http://web2.westlaw.com/find/default.wl?rs=WLW6.11&serialnum=1976026953&fn=_top&sv=Split&tc=-1&findtype=Y&tf=-1&db=0001017&vr=2.0&rp=%2Ffind%2Fdefault.wl&mt=Westlaw);
    *Multicultural Radio Broadcasting, Inc.*, Memorandum Opinion and
    Order, [15 FCC Rcd 20630
    (2000)](http://web2.westlaw.com/find/default.wl?rs=WLW6.11&serialnum=2000578080&fn=_top&sv=Split&tc=-1&findtype=Y&tf=-1&db=4493&vr=2.0&rp=%2Ffind%2Fdefault.wl&mt=Westlaw),.

[^6]: *See WNCN Listeners Guild v. FCC*, 450 U.S. 582, 585 (1981); *see
    also Riverside Broadcasting Co., Inc*., 53 RR 2d 1154, 1157 (1983),
    *recon denied*, 56 RR 2d 618 (1984), *remanded on other grounds sub
    nom*., [*Citizens for Jazz on WRVR, Inc. v. FCC,* 775 F.2d 392 (D.C.
    Cir.
    1985)](http://web2.westlaw.com/find/default.wl?rs=WLW6.11&serialnum=1985152904&fn=_top&sv=Split&tc=-1&findtype=Y&tf=-1&db=350&vr=2.0&rp=%2Ffind%2Fdefault.wl&mt=Westlaw),
    and *Letter to Jeff Kost and Marian Martinez*, 21 FCC Rcd 6223 (MB
    2006).

[^7]: 47 U.S.C § 309(k).

[^8]: 47 U.S.C. § 309(k); 47 C.F.R. §§ 0.61, 0.283.