March 15, 2007

> **DA 07-1311**
>
> Released: March 15, 2007

In Reply Refer to:

1800B3-TSN

Ms. Cynthia Ramage, Executor

Estate of Linda Ware

c/o Howard J. Braun, Esq.

Katten Muchin Zavis Rosenman

1025 Thomas Jefferson Street, N.W.

Suite 700

Washington, DC 20007

Mr. Robert Willing, Executor

Estate of H.L. Charles

c/o Howard J. Braun, Esq.

Katten Muchin Zavis Rosenman

1025 Thomas Jefferson Street, N.W.

Suite 700

Washington, DC 20007

Lazer Broadcasting Corp.

200 South A Street

Suite 400

Oxnard, CA 93030

In re: **Estate of Linda Ware, d/b/a**

**Lindsay Broadcasting**

KZPO(FM), Lindsay, California

Facility ID No. 37725

File No. BALH-20040217AEJ

> **Application for Consent to Assign**
>
> **Station License**

**Estate of H.L. Charles, d/b/a**

**Ford City Broadcasting**

KZPE(FM), Ford City, California

Facility ID No. 22030

File No. BAPH-20040217AEI

> **Application for Consent to Assign**
>
> **Station Construction Permit**
>
> **Joint Petition for Partial**
>
> **Reconsideration**

Dear Petitioners:

We have before us the above-referenced Joint Petition for Partial
Reconsideration and Expedited Reinstatement of Applications *Nunc Pro
Tunc* ("Joint Petition"), filed on May 24, 2004, by Cynthia Ramage
("Ramage"), Executor of the Estate of Linda Ware d/b/a Lindsay
Broadcasting ("Ware"), Robert Willing ("Willing"), Executor of the
Estate of H.L. Charles d/b/a Ford City Broadcasting ("Charles"), and
Lazer Broadcasting Corp. ("Lazer") (collectively, the "Joint
Parties").[^1] In the Joint Petition, the Joint Parties seek
reinstatement of the February 17, 2004, Form 314 Application for Consent
to Assignment of the license for Station KZPO(FM), Lindsay, California,
from Ware to Lazer,[^2] and the February 17, 2004, Form 314 Application
for Consent to Assignment of the construction permit for Station
KZPE(FM), Ford City, California, from Charles to Lazer[^3]
(collectively, the "Lazer Assignment Applications"). The Lazer
Assignment Applications were dismissed by the Media Bureau, Audio
Division (the "Division"), on April 16, 2004.[^4] As discussed below,
because both applications were subsequently dismissed on other grounds,
we dismiss the Joint Petition as moot.

**Background**. As noted above, the Lazer Assignment Applications were
both filed on February 17, 2004. Attachments to the Lazer Assignment
Applications noted that both proposed assignors were deceased: Ware
passed away on February 24, 2000, and Charles on December 26, 2003. On
February 27, 2004, both applicants filed Form 316 applications to assign
the station authorizations to the respective estates of the deceased
licensee and permittee.[^5] By letter dated March 30, 2004, the Division
advised counsel for Ware and Charles that the Form 316 applications were
incomplete and, consistent with established Division processing
procedures, would be dismissed unless letters testamentary or letters of
administration, appointing representatives of the applicants' estates,
were filed within ten days of the date of the letter.[^6] Because the
applicants failed to comply with this directive, the Division returned
both Form 316 applications and the Lazer Assignment Applications as
unacceptable for filing.[^7]

On May 20, 2004, the estates of Ware and Charles filed new Form 316
applications, having obtained Letters Testamentary appointing Ramage and
Willing the executors of, respectively, the Ware estate and the Charles
estate.[^8] These two Form 316 applications were granted on June 4,
2004. On June 17, 2004, both estates filed minor amendments to the
previously dismissed Lazer Assignment Applications, substituting Ramage
and Willing as the respective assignors. In the Joint Petition, the
Joint Parties request that the original Lazer Assignment Applications be
reinstated *nunc pro tunc*, in order to facilitate the assignment of,
not only the KZPO(FM) and KZPE(FM) authorizations, but also those of
three other stations that are parties to the same hearing proceeding,
and which are being sold as a "'package' deal."[^9]

**Discussion**. The Lazer Assignment Applications were, in fact, briefly
reinstated by the Division shortly after the estates of Ware and Charles
filed their new Form 316 applications in May 2004. However, on January
7, 2005, they were again dismissed, because both applicants were
delinquent in payment of the annual regulatory fees for the facilities
in question.[^10] On October 1, 2004, the Commission's rules
implementing the Debt Collection Improvement Act of 1996[^11] became
effective.[^12] Those rules require the Commission to withhold action on
any application filed by an applicant that is delinquent in payment of,
*inter alia*, annual regulatory fees.[^13] To date, neither the Ware nor
the Charles estate has paid the delinquent regulatory fees. Thus, the
Lazer Assignment Applications cannot be reinstated.

**Conclusion.** For the foregoing reasons, the Joint Petition filed by
the Estate of Linda Ware d/b/a Lindsay Broadcasting, the Estate of H.L.
Charles d/b/a Ford City Broadcasting, and Lazer Broadcasting Corp., IS
DISMISSED.

Sincerely,

Peter H. Doyle

Chief, Audio Division

Media Bureau

cc: Harry C. Martin, Esq.

William L. Zawila, Esq.

[^1]: On June 18, 2004, the Joint Parties filed a Motion for Leave to
    Supplement the Joint Petition. For the reasons discussed in the
    text, the Motion for Leave to Supplement is dismissed.

[^2]: File No. BALH-20040217AEJ.

[^3]: File No. BAPH-20040217AEI.

[^4]: *Letter to Howard J. Braun, Esq. and Shelley Sadowsky, Esq.*, Ref.
    No. 1800B3-TSN (MB Apr. 16, 2004) ("April 2004 Dismissal Letter").

[^5]: File No. BALH-20040227ABX (Ware -- KZPO(FM)), File No.
    BAPH-20040227ABY (Charles -- KZPE(FM)).

[^6]: *Letter to Howard J. Braun, Esq. and Shelley Sadowsky, Esq.*, Ref.
    No. 1800B3-TSN (MB Mar. 30, 2004) ("March 2004 Letter").

[^7]: April 2004 Dismissal Letter at 5.

[^8]: File No. BALH-20040520AJH (Ware Estate -- KZPO(FM)), File No.
    BAPH-20040520AJI (Charles Estate -- KZPE(FM)).

[^9]: Joint Petition at 4. The other three station authorizations to be
    sold are those of KNGS(FM), Coalinga, California, permitted to
    William L. Zawila; KAAX(FM), Avenal, California, permitted to Avenal
    Educational Services, Inc.; and KAJP(FM) (now KYAF(FM)), Firebaugh,
    California, permitted to Central Valley Educational Services, Inc.
    All of these stations, along with KZPE(FM), KZPO(FM), and KKFO(AM),
    Coalinga, California (the license of which is not proposed to be
    assigned) are the subject of *William L. Zawila*, *et al.*, Order to
    Show Cause, Notice of Opportunity for Hearing, and Hearing
    Designation Order, 18 FCC Rcd 14938 (2003) ("*Zawila*"). In
    *Zawila*, the Commission designated several issues, including those
    involving possible misrepresentations of fact and technical rule
    violations, which could result in the revocation of these station
    authorizations. The *Zawila* proceeding (EB Docket No. 03-152)
    remains pending.

[^10]: *See Letter to Estate of Linda Ware, Cynthia Ramage, Executor*
    (MB Jan. 7, 2005), *Letter to Estate of H.L. Charles, Robert
    Willing, Executor* (MB Jan. 7, 2005).

[^11]: Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996).

[^12]: *See* 47 C.F.R. Part 1, Subpart O. *See also Amendment of Parts 0
    and 1 of the Commission's Rules -- Implementation of the Debt
    Collection Improvement Act of 1996 and Adoption of Rules Governing
    Applications or Requests for Benefits by Delinquent Debtors*, Report
    and Order, 19 FCC Rcd 6540 (2004).

[^13]: *Id*. § 1.1910(b).