Percy Squire, Esq.

Percy Squire Co., LLC

514 S. High Street

Columbus, OH 43215

Mark J. Prak, Esq.

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P.

P.O. Box 1800

Raleigh, NC 27602

> In re: **WTMP(AM), Egypt Lake, Florida**

Facility ID No. 74108

File No. BAL-20081002ABV

**WTMP-FM, Dade City, Florida**

Facility ID No. 15239

File No. BALH-20081002ABW

> **WFJO(FM), Folkston, Georgia**

Facility ID No. 22005

File No. BALH-20081002ACC

**WHJX(FM), Baldwin, Florida**

Facility ID No. 52032

File No. BALH-20081002ACD

> **WJSJ(FM), Fernandina Beach, Florida**

Facility ID No. 40483

File No. BALH-20081002ACE

> **WSJF(FM), St. Augustine Beach, Florida**

Facility ID No. 53672

File No. BALH-20081002ACF

**WSGA(FM), Hinesville, Georgia**

Facility ID No. 64428

File No. BALH-20081002ABO

**WSSJ(FM), Rincon, Georgia**

Facility ID No. 54805

File No. BALH-20081002ABP

**WTHG(FM), Hinesville, Georgia**

Facility ID No. 7816

File No. BALH-20081002ABQ

> **Applications for Assignment of Licenses**

**Informal Objection**

Dear Counsel:

We have before us the above-referenced applications (the "Assignment
Applications") seeking approval for: (1) the proposed involuntary
assignment of licenses of Station WTMP(AM), Egypt Lake, Florida, and
WTMP-FM, Dade City, Florida, from Tama Radio Licenses of Tampa, FL, Inc.
to Scott Savage, Receiver ("Receiver"); (2) the proposed involuntary
assignment of licenses of Stations WFJO(FM), Folkston, Georgia;
WHJX(FM), Baldwin, Florida; WJSJ(FM), Fernandina Beach, Florida; and
WSJF(FM), St. Augustine Beach, Florida, from Tama Radio Licenses of
Jacksonville, FL, Inc. to the Receiver; and (3) the proposed involuntary
assignment of licenses of Stations WSGA(FM), Hinesville, Georgia;
WSSJ(FM), Rincon, Georgia; and WTHG(FM), Hinesville, Georgia
(collectively, the "Stations"), from Tama Radio Licenses of Savannah,
GA, Inc. to the Receiver.[^1] On October 17, 2008, Dr. Glenn Cherry
("Cherry"), former Chief Executive Officer of Tama, filed an Informal
Objection to the Assignment Applications.[^2] For the reasons stated
below, we deny the Informal Objection and grant the Assignment
Applications.

**Background.** On September 5, 2008, the Honorable Emily Jane Goodman
of the Supreme Court of the State of New York, County of New York ("New
York Court"), appointed Scott Savage as Receiver of Tama and its
assets.[^3] The Receiver attached a copy of the New York Court Order
with the Assignment Applications.

**Discussion.** In the Informal Objection, Cherry states that an
allegation of "a premature assumption of control of the Tama licenses .
. . in violation of Section 310(d) of the Communications Act[^4] . . .
is currently under investigation by the \[Commission's\] Enforcement
Bureau in Case No. EB-08-IH-0692."[^5] Cherry requests that we "review
the progress of the Enforcement Bureau investigation prior to acting
upon the \[Assignment Applications\]."[^6] On February 17, 2009, the
Enforcement Bureau released an Order and associated Consent Decree
terminating its investigation of Case No. EB-08-IH-0692.[^7] The

Consent Decree, *inter alia*, provided for a Compliance Plan to ensure
future compliance with Section 310(d) of the Act and Section 73.3540 of
the Commission's Rules,[^8] termination of the investigation of the
alleged unauthorized transfer of control and dismissal of the related
complaint against Tama. Moreover, the *EB Order* concluded that its
investigation raised no substantial or material questions of fact as to
whether Tama possesses the basic qualifications to hold or obtain any
Commission license or authorization.[^9]

Moreover, it is well-established that the Commission will accommodate
court decrees, such as the instant appointment of the Receiver for the
Stations, unless a public interest determination compels a different
result.[^10] In light of the conclusions made in the *EB Order*, we will
honor the New York Court Order and grant the Assignment Applications.

**Conclusion/Actions**. Based on the above, we find that Cherry has not
raised a substantial and material question of fact warranting further
inquiry and that none of the allegations demonstrate that grant of the
Assignment Applications would be inconsistent with the public interest.
We further find that the Receiver is qualified to hold the Stations'
licenses, and that grant of the Assignment Applications is consistent
with the public interest, convenience and necessity. Accordingly, IT IS
ORDERED, that the Informal Objection filed by Dr. Glenn Cherry IS
DENIED, and that the application for approval to involuntarily assign
the licenses for Stations WTMP(AM), Egypt Lake, Florida (File No.
BAL-20081002ABV), and WTMP-FM, Dade City, Florida (File No.
BALH-20081002ABW), from Tama Radio Licenses of Tampa, FL, Inc. to Scott
Savage, Receiver IS GRANTED; the application for approval to
involuntarily assign the licenses of Stations WFJO(FM), Folkston,
Georgia (File No. BALH-20081002ACC), WHJX(FM), Baldwin, Florida (File
No. BALH-20081002ACD), WJSJ(FM), Fernandina Beach, Florida (File No.
BALH-20081002ACE), and WSJF(FM), St. Augustine Beach, Florida (File No.
BALH-20081002ACF), from Tama Radio Licenses of Jacksonville, FL, Inc. to
Scott Savage, Receiver IS GRANTED; and the application for approval to
involuntary assign the licenses of Stations WSGA(FM), Hinesville,
Georgia (File No. BALH-20081002ABO), WSSJ(FM), Rincon, Georgia (File No.
BALH-20081002ABP) and WTHG(FM), Hinesville, Georgia (File No.
BALH-20081002ABQ), from Tama Radio Licenses of Savannah, GA, Inc. to
Scott Savage, Receiver IS GRANTED.

Sincerely,

Peter H. Doyle

Chief, Audio Division

Media Bureau

[^1]: For ease of exposition we will refer to the proposed assignors,
    both individually and collectively, as "Tama."

[^2]: The Receiver filed an Opposition to Informal Objection on October
    23, 2008.

[^3]: *See D.B. Zwirn Special Opportunities Fund, L.P. v. Tama
    Broadcasting Inc., et al*, Order Pursuant to CPLR § 6401 Appointing
    a Temporary Receiver, Index No. 600692/2008 (Sept. 5, 2008) ("New
    York Court Order").

[^4]: *See* 47 U.S.C. § 310(d).

[^5]: Informal Objection at 2.

[^6]: Informal Objection at 4.

[^7]: *See Tama Broadcasting, Inc.*, Order, DA 09-225 (EB Feb. 17, 2009)
    ("*EB Order*").

[^8]: 47 C.F.R. § 73.3540.

[^9]: *See EB Order* at 2.

[^10]: *See Arecibo Radio Corp.*, Memorandum Opinion and Order, 101 FCC
    2d 545 (1985); *Radio Station WOW, Inc. v. Johnson,* 326 U.S. 120,
    131-32 (1945).