**DA 07-4945**

*In Reply Refer to:*

1800B3-LAS

Released: December 11, 2007

Ms. Valerie Klemmer Watts

Liberty Productions, a Limited Partnership

45 Elk Mountain Ridge

Asheville, NC 28804

Mr. Sam Bush

Saga Communications of North Carolina, LLC

73 Kercheval Avenue

Grosse Pointe Farms, MI 48236

David Collins, Esq.

Ashville Radio Partners, LLC

1311 Chuck Dawley Blvd.

Suite 202

Mt. Pleasant, SC 29464

C. Don Royston, Administrator

Estate of David T. Murray

217 East New Street

PO Box 629

Kingsport, TN 37662

Willsyr Communications, Limited Partnership

c/o William and Marilyn Eaton

127 Belle Rive Drive

Ninety Six, SC 29666

Re: **Liberty Productions, a Limited Partnership** WOXL-FM, Biltmore
Forest, North Carolina

Facility ID No. 37242

**Application for New FM Station**

**Construction Permit**

File No. BPH-19870831MI

> **Application for License to Cover for Station WOXL-FM**

File No. BLH-20020220AAL

> **Application for Assignment of License for Station WOXL-FM**

File No. BALH-20040116ACT

> **Amendment of Section 73.202(b), Table of Allotments, FM Broadcast
> Stations (Glenville, Clyde and Weaverville, North Carolina and
> Tazewell, Tennessee)**
>
> MB Docket No. 02-352
>
> RM-10602
>
> RM-10776
>
> RM-10777

Dear Ms. Watts, Mr. Bush, Mr. Collins, Mr. Royston, and Mr. and Mrs.
Eaton:

We have before us a Joint Request for Approval of Settlement Agreement
("Joint Request" or "Omnibus Settlement Agreement") filed on November
14, 2007, by Liberty Productions, a Limited Partnership ("Liberty"),
Saga Communications of North Carolina, LLC ("Saga"), Ashville Radio
Partners, LLC ("ARP"), and Willsyr Communications, Limited Partnership
("Willsyr"), pursuant to Section 73.3588 of the Commission's Rules
("Rules").[^1] The Omnibus Settlement Agreement concerns various
applications, orders, petitions and other filings regarding the
licensing and sale of Station WOXL-FM, Biltmore Forest, North Carolina.
As discussed below, we approve the Omnibus Settlement Agreement and
dismiss all of the pleadings, comments, replies, and supplements filed
by Willsyr in connection with the grant of the construction permit and
license for Station WOXL-FM to Liberty and the assignment of license for
Station WOXL-FM from Liberty to Saga. In conjunction with this
proceeding, we also have before us a Withdrawal of Section 1.41 Request
for Commission Action filed on August 27, 2007, by the Estate of David
T. Murray. As further discussed below, we grant the withdrawal request
and dismiss this pleading.

**Background.** Willsyr was among thirteen original applicants seeking
an FM construction permit for Channel 243A at Biltmore Forest.[^2] After
comparative hearing, the Administrative Law Judge ("ALJ") issued an
Initial Decision disqualifying Liberty[^3] on site availability and site
certification issues. The ALJ found that Orion Communications Limited
("Orion") would offer the best service to the public.[^4] The Commission
affirmed Liberty's disqualification and also affirmed the ALJ's
determination that Orion was the comparative winner based on its
superior integration proposal.[^5] Timely notices of appeal of the
Commission's decision were pending before the United States Court of
Appeals for the District of Columbia when that Court issued its decision
in *Bechtel v. FCC*,[^6] invalidating the primary comparative criterion
on which the Commission had relied in granting Orion's application.
Thereafter, the Commission stayed all comparative broadcast
proceedings[^7] and ultimately determined to resolve frozen hearing
proceedings by competitive bidding procedures.[^8] On March 15, 1994,
the Court remanded this case to the Commission for further consideration
in light of *Bechtel* and, in a separate action, subsequently ordered
the reinstatement of Orion as the interim operator, pending resolution
of the proceeding to select the permanent licensee.[^9]

Liberty was the high bidder for the Biltmore Forest FM construction
permit during Closed Broadcast Auction 25. In the post-auction, May 25,
2001, *Liberty Order*,[^10] the Commission determined that Liberty was
fully qualified and, subject to full payment of its final bid, granted
Liberty's application, as amended, on November 10, 1999, and dismissed
the competing applications.[^11] On July 9, 2001, following payment of
its final bid amount, the Commission issued the permit to Liberty for
Channel 243C3 at Biltmore Forest.[^12] The Commission's grant of the
Biltmore Forest permit to Liberty was appealed and ultimately affirmed
by the Court.[^13] The station is built, licensed,[^14] and on the air
using call sign WOXL-FM.

Sorenson Southeast Radio, LLC ("Sorenson"), then-licensee of WNCC-FM,
Franklin, North Carolina,[^15] and Sutton Radiocasting Corporation
("Sutton"), then-licensee of WBZT-FM, Mauldin, South Carolina,[^16] each
sought reconsideration of the grant of the Class C3 permit to Liberty. A
December 3, 2004, staff decision rejected petitioners' arguments,
dismissing the Sutton Petition for Reconsideration and/or Clarification,
and denying the Sorenson Petition for Reconsideration.[^17] Willsyr
sought reconsideration of the *Permit* *Decision*, filing the first in a
series of petitions for reconsideration on December 30, 2004 ("*Willsyr*
*Permit Reconsideration*").[^18] On January 7, 2005, Sutton filed an
Application for Review.

On January 16, 2004, Liberty and Saga filed an application to assign the
WOXL-FM permit from Liberty to Saga.[^19] Both Sutton and Willsyr filed
Petitions to Deny the assignment.[^20] A July 7, 2005, staff decision
found no substantial and material questions of fact warranting further
inquiry, dismissed the Sutton and Willsyr Petitions to Deny, and granted
the application for assignment.[^21] Willsyr sought reconsideration of
the *Assignment Decision*, filing its second petition for
reconsideration on July 19, 2005 ("*Willsyr Assignment
Reconsideration*").[^22] On August 8, 2005, Sutton filed a Petition for
Reconsideration.

On October 17, 2005, the staff granted a Joint Request for Approval of
Settlement Agreement filed September 19, 2005, by Liberty, Saga,
Sutton,[^23] and ARP (collectively, "Settling Parties"), which provided
for dismissal of both Sutton's January 7, 2005, Application for Review
and its August 8, 2005, Petition for Reconsideration upon reimbursement
by Saga to Sutton of \$100,000, representing a portion of Sutton's
legitimate and prudent expenses incurred in connection with matters
relating to the applications at issue ("Application Settlement").[^24]
Settling Parties sought approval of their agreement pursuant to Section
73.3588 of the Rules, which governs the withdrawal and dismissal of
petitions to deny and informal objections.[^25] Willsyr sought
reconsideration of the *Settlement* *Decision*, filing its third
petition for reconsideration on October 24, 2005 ("*Willsyr Settlement*
*Reconsideration*").[^26]

In addition, a second, related settlement had been granted by the staff
on October 12, 2005, with regard to an FM allotment proceeding involving
the communities of Glenville, Clyde and Weaverville, North Carolina, and
Tazewell, Tennessee ("Rulemaking Settlement").[^27] Therein, the staff
granted the September 19, 2005, Joint Request for Approval of Universal
Settlement filed by Glenville Radio Broadcasters, Stair Company, Inc.
("Stair"), Georgia-Carolina Radiocasting Company, LLC, and Frank McCoy
(collectively, the "Joint Parties"), which requested the dismissal of
the Glenville petition for rule making and the Clyde counterproposal,
the grant of Stair's Weaverville counterproposal, and the withdrawal of
McCoy's comments in MB Docket No. 05-191,[^28] in order to allow
expeditious resolution of a long-pending rulemaking proceeding. The
Joint Parties settled the proceeding pursuant to the rulemaking
settlement window, announced by the Media Bureau ("Bureau"), as directed
by the Commission, and the Bureau appropriately waived the reimbursement
limitation provisions of Section 1.420(j) of the Rules.[^29] On October
24, 2005, Willsyr also filed a petition for reconsideration of the
*Glenville Report and Order*, based upon the interrelated nature of the
two settlements ("*Willsyr Glenville Report and Order
Reconsideration*").

On August 27, 2007, the Estate of David T. Murray ("Estate") withdrew
its *Section 1.41 Request*, which had been filed in connection with the
Station WOXL-FM sales proceeding on March 21, 2006, by David T. Murray,
deceased, prior to his death.[^30] The Estate is the
successor-in-interest to David T. Murray and the owner of the limited
partnership interest in Liberty.[^31] As discussed further below,
Willsyr filed pleadings concerning the *Section 1.41 Request*, which it
has agreed to withdraw pursuant to the Omnibus Settlement Agreement.

On November 14, 2007, Liberty, Saga, ARP and Willsyr filed the instant
Omnibus Settlement Agreement. Liberty, Saga, ARP and Willsyr seek
approval of the Joint Request pursuant to Section 73.3588 of the Rules,
which permits dismissal of petitions to deny or other objections filed
against an application, upon certification that the dismissing party is
not receiving any money or other consideration in excess of its
legitimate and prudent expenses.[^32] Under the terms of the Omnibus
Settlement Agreement, Saga is to pay Willsyr Two Hundred Thousand
Dollars (\$200,000) and ARP is to pay Willsyr Two Hundred Thousand
Dollars (\$200,000) for its legitimate and prudent expenses incurred, in
exchange for the withdrawal and dismissal of the *Willsyr* *Permit
Reconsideration,* the *Willsyr Assignment Reconsideration,* the *Willsyr
Settlement Reconsideration,* the *Willsyr Glenville Report and Order
Reconsideration,* and "any and all of the pleadings, comments, replies,
and supplements filed by Willsyr"[^33] (collectively, the "Adverse
Pleadings") during the course of the Station WOXL-FM licensing, sales,
and rulemaking proceedings.

**Discussion.** *The Omnibus Settlement Agreement*. Parties to the
Omnibus Settlement Agreement seek resolution of the long-pending
Biltmore Forest application proceeding. After careful consideration of
the Omnibus Settlement Agreement, and the attached declarations and
affidavits, we find that approval of the Omnibus Settlement Agreement
would serve the public interest and expedite the resolution of all
matters relating to Station WOXL-FM. We have reviewed both the Joint
Request and the Omnibus Settlement Agreement and we find no reason for
further consideration of the matters raised in the Willsyr Adverse
Pleadings.[^34]

We are guided by Section 73.3588 of the Rules, which is designed to curb
process abuse whereby petitions are filed to extract monetary
consideration at the expense of broadcast licensees.[^35] Under the
rule, no petitioner may receive a direct monetary payment or an indirect
financial benefit in excess of its legitimate and prudent expenses.[^36]
Here, the Joint Request complies in all respects with the provisions of
Section 73.3588 of the Rules, and the parties to the Omnibus Settlement
Agreement have satisfactorily filed all required certifications and
affidavits. Willsyr has certified that its legitimate and prudent
expenses in pursuit of its various pleadings are in excess of \$400,000,
and that it is receiving \$400,000 from Saga and ARP in exchange for the
dismissal of the Adverse Pleadings. We further find that no
consideration, other than as provided by the Omnibus Settlement
Agreement, has been directly or indirectly paid or promised, in
connection with the matters described in the Omnibus Settlement
Agreement. We are thus satisfied that the requirements of Section
73.3588 of the Rules have been met.

*Withdrawal of Section 1.41 Request by the Estate.* The *Section 1.41
Request* sought rescission of the Commission's July 7, 2005, consent to
the assignment of the Station WOXL-FM license to Saga. Accordingly, the
Estate contends, since denial of the assignment application was not
requested, "the requirements of Section 73.3588 of the Commission's
rules appear to be inapplicable as the March 21, 2006 Section 1.41
Request for Commission Action was neither a petition to deny, nor an
informal objection."[^37] Nonetheless, C. Don Royston, Administrator of
the Estate, provides a declaration, attesting that neither the Estate
nor its principals has received or will receive any money or
consideration in exchange for the withdrawal of the *Section 1.41
Request*, other than payment for the value of the Liberty limited
partnership interest. We have reviewed both the withdrawal request and
the declarations attached thereto, and we find no reason for further
consideration of matters raised in the *Section 1.41 Request*. To the
extent applicable, the withdrawal request complies with the appropriate
provisions of Section 73.3588 of the Rules. [ ]{.mark}

*Rulemaking Proceeding in MM Docket No. 02-352.* Given the Willsyr
request to dismiss all Adverse Pleadings, including the *Willsyr
Glenville Report and Order Reconsideration*, and the action taken
herein, the proceeding in MM Docket No. 02-352 will be terminated.
[]{.mark}

**Conclusion.** Accordingly, for the above-stated reasons, IT IS
ORDERED, that the November 14, 2007, Joint Request for Approval of
Settlement Agreement IS GRANTED and the associated Omnibus Settlement
Agreement IS APPROVED. IT IS FURTHER ORDERED, that all Adverse Pleadings
filed by Willsyr Communications, Limited Partnership ARE HEREBY
DISMISSED. IT IS FURTHER ORDERED, that the August 27, 2007, Withdrawal
of Section 1.41 Request for Commission Action filed by the Estate of
David T. Murray IS GRANTED and the Section 1.41 Request for Commission
Action IS HEREBY DISMISSED. IT IS FURTHER ORDERED, that MM Docket No.
02-352 IS HEREBY TERMINATED.

> Sincerely,

Peter H. Doyle

Chief, Audio Division

Media Bureau

cc: Timothy K. Brady, Esq., Counsel for Liberty Productions, a Limited
Partnership

Gary S. Smithwick, Esq., Counsel for Saga Communications of North
Carolina, LLC

Frank R. Jazzo, Esq., Counsel for Ashville Radio Partners, LLC

Stephen T. Yelverton, Esq., Counsel for Willsyr Communications, a
Limited Partnership

John F. Garziglia, Esq., Counsel for the Estate of David T. Murray

[^1]: 47 C.F.R. § 73.3588.

[^2]: *See Owen-Dumeyer Partnership*, Hearing Designation Order, 4 FCC
    Rcd 706 (1989).

[^3]: File No. BPH-19870831MI. *See National Communications Industries*,
    Decision, 5 FCC Rcd 2862 (1990).

[^4]: *See National Communications Industries*, Decision, 6 FCC Rcd 1978
    (Rev. Bd. 1991).

[^5]: *See National Communications Industries*, Memorandum Opinion and
    Order, 7 FCC Rcd 1703 (1992), *recon. denied*, *Liberty
    Productions*, Memorandum Opinion and Order, 7 FCC Rcd 7581 (1992),
    *recon. dismissed*, Memorandum Opinion and Order, 8 FCC Rcd 4264
    (1993).

[^6]: *Bechtel v. FCC*, 10 F.3d 875 (D.C. Cir. 1993).

[^7]: *FCC Freezes Comparative Proceedings*, Public Notice, 9 FCC Rcd
    1055 (1994), *modified*, Public Notice, 9 FCC Rcd 6689 (1994),
    *further modified*, Public Notice, 10 FCC Rcd 12182 (1995).

[^8]: *Implementation of Section 309(j) of the Communications Act --
    Competitive Bidding for Commercial Broadcast and Instructional
    Television Fixed Services Licenses*, First Report and Order, 13 FCC
    Rcd 15920 (1998) ("*Broadcast Auction First Report and Order*"),
    *on* *recon*, Memorandum Opinion and Order, 14 FCC Rcd 8724 (1999),
    *on further recon*., Memorandum Opinion and Order, 14 FCC Rcd 12541
    (1999).

[^9]: *Biltmore Forest Broadcasting FM, Inc. v. FCC*, Order, No.
    92-1645, 1994 WL 116196 (Mar. 15, 1994); *Orion Communications Ltd.
    v. FCC*, 131 F.3d 176 (D.C. Cir. 1997).

[^10]: *Liberty Productions, L.P.,* Memorandum Opinion and Order, 16 FCC
    Rcd 12061 (2001) ("*Liberty Order*"). The Commission also reversed
    the ALJ's decision disqualifying Liberty for a false site
    certification, rejected arguments to disallow Liberty's site change
    amendment, rejected arguments that Liberty had misrepresented its
    ownership structure, found Liberty ineligible for a bidding credit,
    and denied a settlement agreement. Requests for stay of the *Liberty
    Order* pending judicial review were filed by unsuccessful bidders
    Orion and BFBFM, but were denied by the Commission in *Liberty
    Productions, L.P*., Order, 16 FCC Rcd 18966 (2001).

[^11]: In a public notice released June 14, 2001, the Bureau announced
    that the balance of Liberty's winning bid payment was due by June
    19, 2001, and that, upon timely payment of the final bid, the
    authorization would be granted. *FCC Announces It Is Prepared to
    Grant FM Broadcast Construction Permit for Biltmore Forest, North
    Carolina After Final Payment Is Made*, Public Notice, 16 FCC Rcd
    11884 (MMB June 5, 2001). Liberty's final payment was timely
    received on June 19, 2001.

[^12]: On August 7, 2001, the Commission released a public notice of the
    grant of Liberty's construction permit: *Broadcast Actions*, Public
    Notice, Report No. 45043 (Aug. 7, 2001).

[^13]: *See Biltmore Forest Broadcasting FM, Inc. v. FCC*, 321 F.3d 155
    (D.C. Cir. 2003), *cert denied*, 540 U.S. 981 (2003). The Court
    dismissed Willsyr's premature appeal. *Orion Communications Limited
    v. FCC*, 2002 WL 335537 (D.C. Cir. Jan. 7, 2002).

[^14]: The February 20, 2002, application for license to cover the
    construction permit (File No. BLH-20020220AAL) was granted December
    8, 2004.

[^15]: Sutton is the current licensee of WNCC-FM, Fac. ID 14551,
    pursuant to an assignment application that was granted on December
    14, 2001, and consummated on December 31, 2001 (File No.
    BALH-20011019AAF).

[^16]: Clear Channel Broadcasting Licenses, Inc. is the current licensee
    of WBZT-FM, Fac. ID 25240, pursuant to an assignment application
    that was granted on December 22, 2000, and consummated on August 15,
    2001 (File No. BALH-20001103ABN).

[^17]: *Letter to Timothy K. Brady, Esq*. *et al*, Ref. No. 1800B3-CNZ
    (MB Dec. 3, 2004) ("*Permit Decision*"). In addition, because the
    staff dismissed Sutton's June 13, 2001, Petition for Reconsideration
    and/or Clarification, it also dismissed Willsyr's July, 9, 2001,
    Motion to Dismiss the Sutton Petition for Reconsideration as moot.

[^18]: Additional pleadings have been filed. Liberty filed an Opposition
    to *Willsyr Permit Reconsideration* on January 12, 2005. Willsyr
    filed a Reply on January 25, 2005. Willsyr filed a supplement to
    *Willsyr Permit Reconsideration* on November 28, 2005. Liberty filed
    an Opposition to *Willsyr Permit Supplement* on December 13, 2005.
    Willsyr filed a Reply to Opposition of Liberty to Supplement on
    December 22, 2005. Liberty filed a Response to Reply to Opposition
    of Liberty to Supplement on January 11, 2006. Willsyr filed a Motion
    to Strike Response of Liberty on January 25, 2006. Liberty filed an
    Opposition to Motion to Strike Response on February 7, 2006. In
    addition, the Commission is in receipt of a Letter from Betty Lee,
    on behalf of Orion, to the Honorable Kevin Martin, Chairman (Jan.
    30, 2006) and a Letter from Stephen Yelverton, Esq., counsel to
    Willsyr, to the Honorable Kevin Martin, Chairman (Dec. 28, 2005).

[^19]: ARP held an option to acquire WOXL-FM from Liberty, which it
    assigned to Saga. The application was filed as an assignment of a
    construction permit and given File No. BAPH-20040116ACT.

[^20]: Sutton filed its Petition to Deny on December 8, 2004. Willsyr
    filed a Petition to Deny and Revoke Permit on February 23, 2004.

[^21]: *Letter to Timothy K. Brady, Esq. et al*, Ref. No. 1800B3-CNZ (MB
    July 7, 2005) ("*Assignment Decision*").

[^22]: Additional pleadings have been filed. Liberty and Saga filed a
    Joint Opposition to *Willsyr Assignment* *Reconsideration* on August
    3, 2005. Willsyr filed a Reply on August 15, 2005. Willsyr filed a
    supplement to *Willsyr Assignment Reconsideration* on August 8,
    2005. Liberty and Saga filed a Joint Oppostion to *Willsyr
    Assignment* *Supplement* on August 23, 2005. Willsyr filed a Reply
    on September 2, 2005. Willsyr filed a Further Supplement on December
    27, 2005. Liberty filed an Opposition to *Willsyr Assignment Further
    Supplement* on January 11, 2006. Willsyr filed a Reply to Opposition
    of Liberty to Supplement on January 23, 2006. David T. Murray filed
    a Section 1.41 Request for Commission Action ("*Section* *1.41
    Request*") on March 21, 2006. Liberty filed an Opposition on April
    5, 2006. Saga and ARP filed Joint Comments On and Opposition to
    Section 1.41 Request for Commission Action on April 5, 2006. Willsyr
    filed Comments on Oppositions to Section 1.41 Request on May 8,
    2006. Liberty filed a Supplement to its Opposition on May 11, 2006.
    David T. Murray filed a Reply on May 17, 2006. Willsyr filed
    Comments on Supplement of Liberty and Motion to Dismiss on May 23,
    2006. Liberty filed a Reply on May 23, 2006. Saga and ARP filed a
    Joint Statement for the Record on May 23, 2006. Liberty filed a
    Reply to Comments on Supplement and Motion to Dismiss on June 7,
    2006. Willsyr filed a Motion to Strike on June 22, 2006. ARP and
    Saga filed an Opposition to Motion to Strike on July 5, 2006.
    Liberty filed an Opposition to Motion to Strike on July 5, 2006.
    Willsyr filed a Consolidated Reply to Oppositions on July 12, 2006.

[^23]: Subsequent to the filing of its August 8, 2005, Petition for
    Reconsideration Sutton entered into the Joint Request in its current
    role as licensee of WNCC-FM, thereby effectively assuming the
    position previously occupied by Sorenson.

[^24]: *Letter to Timothy K. Brady, Esq. et al*, Ref. No. 1800B3-TSN (MB
    Oct. 17, 2005) ("*Settlement Decision*").

[^25]: *See* *infra* note 32.

[^26]: Additional pleadings have been filed. Settling Parties filed a
    "Statement for the Record" on November 23, 2005. Willsyr filed
    "Comments on and Objections to the Statement for the Record" on
    December 5, 2005. Settling Parties filed an Opposition to *Willsyr
    Settlement Reconsideration* on November 30, 2005. Willsyr filed a
    Reply on December 12, 2005. ARP filed a "Reply to Comments on and
    Objections to Statement for the Record" on December 22, 2005.

[^27]: *Glenville, Clyde, and Weaverville, North Carolina and Tazewell,
    Tennessee*, Report and Order, 20 FCC Rcd 16269 (MB 2005)
    ("*Glenville Report and Order*").

[^28]: The Rulemaking Settlement provided, *inter alia*, for a \$200,000
    payment to Georgia-Carolina Radiocasting, LLC ("GCRC"), an affiliate
    of Sutton, in return for the dismissal of its counterproposal and
    objections in the rulemaking proceeding that involved multiple
    conflicting allotment proposals. Both Sutton and GCRC are owned by
    the same individual. Under the Rulemaking Settlement, Stair is to
    reimburse GCRC the \$200,000. As Settling Parties note, Stair and
    Saga share no common ownership, officers or directors. However, the
    two companies do have contractual relations and accordingly, "some
    of the funds to be paid by Stair to Sutton will come from Saga."
    November 30, 2005, Opposition to *Willsyr Settlement
    Reconsideration* at 10. The record indicates that each of the two
    payments to Sutton or its affiliate GCRC - the \$100,000 in
    connection with the Application Settlement and the \$200,000 in
    connection with the Rulemaking Settlement - reflects legitimate
    consideration and the culmination of independently developed,
    arms-length negotiations. Despite the commonality of parties to both
    agreements, it is clear that the two transactions began at different
    times and progressed on different schedules. We find that the two
    separate agreements arose in discrete regulatory contexts, each
    involving consideration appropriate to that transaction.

[^29]: *See Window Announced for Universal Settlements of Pending
    Rulemaking Proceedings to Amend the FM Table of Allotments*, Public
    Notice, 20 FCC Rcd 10801 (MB 2005). The Commission directed the
    Bureau to accept universal settlements of certain pending rulemaking
    proceedings in *Revision of Procedures Governing Amendments to FM
    Table of Allotments and Changes of Community of License in the Radio
    Broadcast Services*, Notice of Proposed Rulemaking, 20 FCC Rcd
    11169, 11187-88 (2005).

[^30]: *See* *supra* note 22.

[^31]: As described in a settlement agreement executed on July 31, 2007,
    between the Estate, its beneficiaries, and Liberty, the North
    Carolina litigation regarding the Estate's ownership interest in
    Liberty is being settled, and the Estate's limited partnership
    interest is being sold to Liberty. As part of the termination of the
    North Carolina litigation, the Estate agreed to withdraw its March
    21, 2006, Section 1.41 Request for Commission Action.

[^32]: The provisions of 47 C.F.R. § 73.3588 also apply to agreements to
    dismiss petitions for reconsideration and applications for review.
    *See, e.g., Sun Mountain Broadcasting, Inc*., Memorandum Opinion and
    Order and Forfeiture Order, 11 FCC Rcd 1706 (1996) (petitions for
    reconsideration) and *Letter to Sunbelt Television, Inc*., 20 FCC
    Rcd 13888 (MB 2005) (applications for review).

[^33]: Joint Request at 4; Omnibus Settlement Agreement at 2-3. *See
    also supra* notes 18, 22, 26.

[^34]: *See Stockholders of CBS, Inc*., Memorandum Opinion and Order, 11
    FCC Rcd 3733, 3739 (1995).

[^35]: *See Amendment of Sections 1.420 and 73.3584 of the Commission's
    Rules Concerning Abuses of the Commission's Processes*, Report and
    Order, 5 FCC Rcd 3911 (1990).

[^36]: *Id*. at 3913. *See* 47 C.F.R. § 73.3588.

[^37]: *Withdrawal of Section 1.41 Request for Commission Action* at 2.