John S. Neely, Esq.

Miller and Neely, P.C.

6900 Wisconsin Avenue, Suite 704

Bethesda, MD 20815

Mona Van Riper

1542 Cerro Gordo Road

Santa Fe, NM 87501

Bram Meehan

137 Solana Drive

Santa Fe, NM 87501

Kathryn M. Davis

452 Amado Street

Santa Fe, NM 87501

Mark Myerson

1542 Cerro Gordo Road

Santa Fe, NM 87501

In re: **KLBU(FM), Pecos, New Mexico**

Facility ID No. 83297

File No. BALH-20070517ADQ

**KVSF-FM, Pecos, New Mexico**

Facility ID No. 83285

File No. BALH-20070515ADZ

**KBAC(FM), Las Vegas, New Mexico**

Facility ID No. 40639

File No. BALH-20070628ABV

> **Applications for Assignment of Licenses**

**Informal Objections**

Dear Ms. Van Riper, Mr. Meehan, Ms. Davis, Mr. Myerson and Counsel:

We have before us the above-captioned applications ("Assignment
Applications") proposing to assign the licenses of: (1) Station
KLBU(FM), Pecos, New Mexico, from Blu Media, LLC ("Blu") to Hutton
Broadcasting, LLC ("Hutton"); (2) Station KVSF-FM (formerly KWRP(FM)),
Pecos, New Mexico, from James S. Bumpous, dba Yellow Dog Radio to
Hutton; and (3) Station KBAC(FM), Las Vegas, New Mexico, from
Educational Media Foundation to Hutton (collectively, the "Stations").
Between June 4 and June 11, 2007, Mona Van Riper, Bram Meehan, Kathryn
M. Davis and Mark Myerson (collectively, the "Objectors") filed
virtually identical objections to the Assignment Applications,[^1]
expressing strong appreciation for the current programming on the
Stations and asking the Commission to bar the proposed sale to
Hutton.[^2] In addition, Objectors suggest that the Commission direct
the assignors to find different buyers for the Stations. For the reasons
stated below, we deny the informal objections and grant the Assignment
Applications.

While the Commission recognizes that the Stations' program formats have
attracted a devoted listenership, it is well-settled policy that the
Commission does not scrutinize or regulate programming, nor does it take
potential changes in programming formats into consideration in reviewing
assignment applications. In 1976, the Commission issued a Policy
Statement in which it concluded that review of program formats was not
required by the Communications Act of 1934, as amended ("the Act"),
would not benefit the public, would deter innovation, and would impose
substantial administrative burdens on the Commission.[^3] The Supreme
Court of the United States has upheld this policy and the Commission's
determination that "the public interest is best served by promoting
diversity in entertainment formats through market forces and competition
among broadcasters . . . " and that a change in programming is not a
material factor that should be considered by the Commission in ruling on
applications for license transfer.[^4]

We also reject Objectors' suggestion that alternate buyers be found.
Section 310(d) of the Act specifically prohibits the Commission from
considering any entity other than the assignee proposed in the
application before us.[^5] Finally, the Assignment Applications
demonstrate that Hutton's proposed degree of ownership in the markets at
issue satisfies the multiple ownership limits established by Section 202
of the Act and Section 73.3555 of the Rules, and we find no basis in
Objectors' inference to the contrary.

Based on the above, we find that the Objectors have not raised a
substantial and material question of fact warranting further inquiry. We
further find that Hutton Broadcasting, LLC is qualified as the assignee
and that grant of the Assignment Applications is consistent with the
public interest, convenience and necessity. Accordingly, IT IS ORDERED,
that the informal objections filed by the Objectors ARE DENIED, and that
the application to assign the license of Station KBLU(FM), Pecos, New
Mexico (File No. BALH-20070517ADQ) from Blu Media, LLC to Hutton
Broadcasting, LLC IS GRANTED, the application to assign the license of
Station KVSF-FM, Pecos, New Mexico (File No. BALH-20070515ADZ) from
James S. Bumpous, dba Yellow Dog Radio to Hutton Broadcasting, LLC IS
GRANTED, and the application to assign the license of Station KBAC(FM),
Las Vegas, New Mexico (File No. BALH-20070628ABV) from Educational Media
Foundation to Hutton Broadcasting, LLC IS GRANTED.

Sincerely,

Peter H. Doyle

Chief, Audio Division

Media Bureau

cc: Lee J. Peltzman, Esq.

David D. Oxenford, Esq.

[^1]: These listener letters will be treated as informal objections in
    accordance with Section 73.3587 of the Commission's Rules (the
    "Rules").

[^2]: On July 2, 2007, Hutton filed a Consolidated Opposition to
    Informal Objections and Request for Expedited Processing.

[^3]: *See Changes in the Entertainment Formats of Broadcast Stations,*
    Memorandum Opinion and Order, 60 FCC2d 858, 865-66 (1976), *recon.
    denied*, Memorandum Opinion and Order, 66 FCC 2d 78 (1977), *rev\'d
    sub nom., WNCN Listeners Guild v. FCC*, 610 F.2d 838 (D.C. Cir.
    1979), *rev\'d*, 450 U.S. 582 (1981).

[^4]: *FCC v. WNCN Listener's Guild*, 450 U.S. 582, 585 (1981).

[^5]: 47 U.S.C. § 310(d) (when acting on assignment or transfer
    applications, the Commission may not consider whether the public
    interest, convenience and necessity might be served by assignment or
    transfer of the license to an entity other than the proposed
    assignee or transferee). Where permission is sought to assign a
    valid permit, the only question is whether the proposed assignee
    possesses the minimum qualifications consistent with the public
    interest, convenience and necessity. *See, e.g., MG-TV Broadcasting
    Co. v. FCC*, 408 F.2d 1257, 1264 (D.C. Cir. 1968).