**DA 06-1479**

In Reply Refer to:

1800B3-JP

Released: July 20, 2006

RJM Communications, Inc.

1218 Park Street

Kalamazoo, MI 49001

Mr. Steve Reszka

Anscombe Broadcasting Group, Ltd.

114 The Village Green

Williamsville, NY 14221

In re: Anscombe Broadcasting Group, Ltd.

WSIR(AM), Winterhaven, Florida

Facility ID: 72683

File No. BR-20030911AAH

Anscombe Broadcasting Group, Ltd.

WAVP(AM), Avon Park, Florida

Facility ID: 72684

File No. BR-20030911AAF

Gentlemen:

We have before us: (1) RJM Communications, Inc. ("RJM")'s petition for
reconsideration of a staff decision granting the above captioned license
renewal applications for Stations WSIR(AM), Winterhaven, Florida and
WAVP(AM), Avon Park, Florida on March 2, 2006;[^1] (2) Anscombe
Broadcasting Group ("Anscombe")'s April 22, 2006, opposition to petition
for reconsideration; [^2] and (3) Anscombe's Supplement to Opposition to
the Petition for Reconsideration, dated May 25, 2006.

*Background*. Anscombe timely filed license renewal applications for
Stations WSIR(AM) and WAVP(AM) on September 11, 2003. RJM filed an
informal objection against each application on December 30, 2003,
alleging that Anscombe had usurped control of Station WGSR(AM),
Fernandina Beach, Florida, from RJM without Commission
authorization.[^3] On March 2, 2006, the staff granted the license
renewal applications and dismissed RJM's informal objection because the
allegations contained in RJM's objection pertained to a different
station, and had no bearing on Anscombe's qualifications to be

the licensee of Stations WSIR(AM) and WAVP(AM) under Section 309(k) of
the Act.[^4] For the reasons set forth below, we dismiss the petition
for reconsideration and uphold the grant of the license renewal
applications.

*Discussion.* The Commission will consider a petition for
reconsideration when a petitioner shows either a material error in the
Commission's original order, or raises additional facts, not known or
existing at the time of the petitioner's last opportunity to present
such matters.[^5] RJM contends in its petition for reconsideration that
Section 309(k)(1)(C) of the Act[^6] allows the Commission to consider
"other violations" of the Act or the Commission's Rules (the "Rules") by
the licensee. RJM contends that these "other violations" are not limited
to the actions of the licensee with respect to the station being
considered for license renewal and as such, Anscombe's actions regarding
Station WGSR(AM) should be considered during the WSIR(AM) and WAVP(AM)
license renewal proceedings.

In response, Anscombe states that the petition for reconsideration
should be dismissed because (1) the petition is procedurally defective
because it was not served on Anscombe;[^7] (2) the petition is
fraudulent because Rick Morrison, the president and sole owner of RJM,
died on June 3, 2004, yet the petition for reconsideration bearing his
signature was filed on April 3, 2006; and (3) the petition presents no
new information to contradict the findings in the March 2, 2006, staff
decision.

A petition for reconsideration must comply with the requirements of
Section 1.52 of the Rules.[^8] Section 1.52 of the Rules requires
documents submitted to the Commission to be signed by an attorney or a
party. A party's signature verifies that such party has read the
document; that to the best of his or her knowledge, information, and
belief there is good ground to support it; and that it is not interposed
for delay. If a document submitted is signed with intent to defeat the
purpose of Section 1.52 of the Rules it may be stricken as sham and
false, and the matter may proceed as though the document had not been
filed.[^9] The death certificate submitted by Anscombe on May 25,
2006,[^10] presents uncontradicted

evidence that Rick Morrison's decease predates the filing of the
petition for reconsideration. RJM has not submitted an explanation for
its filing which bears Rick Morrison's name and "signature."[^11] For
these reasons, the petition for reconsideration will be dismissed.

In any event, we find that RJM's petition is without merit. RJM's sole
contention is based on a misinterpretation of Section 309(k) of the Act.
Section 309(k) of the Act states:

\(k\) [Broadcast Station Renewal Procedures]{.smallcaps}. --

> \(1\) [Standards for renewal]{.smallcaps}. -- If the licensee of a
> broadcast station submits an application to the Commission for renewal
> of such license, the Commission shall grant the application if it
> finds, **[with respect to that station]{.underline}**, during the
> preceding term of its license --

\(A\) the station has served the public interest, convenience, and
necessity;

> \(B\) there have been no serious violations by the licensee of this
> Act or the rules and regulations of the Commission; and
>
> \(C\) there have been no other violations by the licensee of this Act
> or the rules and regulations of the Commission which, taken together,
> would constitute a pattern of abuse.[^12]

The plain language and structure of this section clearly establish that
the scope of the "other violations" listed in Section 309(k)(1)(C) is
limited to the station for which license renewal is being considered.
RJM's petition for reconsideration contains no allegation that Anscombe
has violated the Act or the Rules through its operation of WSIR(AM) or
WAVP(AM). Thus, RJM's petition for reconsideration fails to show a
material error or omission in the original decision.

*Conclusion*/*Actions*. For the reasons discussed above, RJM's Petition
for Reconsideration is DISMISSED and the grant of the renewal
applications for Stations WSIR(AM), Winter Haven, Florida (File No.
BR-20030911AAH) and WAVP(AM), Avon Park, Florida (File No.
BR-20030911AAF) is UPHELD.

Sincerely,

Peter H. Doyle

Chief, Audio Division

Media Bureau

cc: Steven M. Cohen, Esq.

John Trent, Esq.

Dan J. Alpert, Esq.

[^1]: *Letter to Rick Morrison and Steven M. Cohen, Esq*., 21 FCC Rcd
    2193 (MB 2006) ("Staff Decision").

[^2]: Anscombe's April 22, 2006, opposition indicated that it was a
    preliminary response and that a more complete response would be
    filed by May 8, 2006. However, no further responses were filed until
    Anscombe provided a copy of Rick Morrison's death certificate on May
    25, 2006.

[^3]: Section 310(d) of the Communications Act of 1934, as amended (the
    "Act") prohibits the transfer or assignment of a broadcast license
    without Commission approval. 47 U.S.C. § 301(d). Anscombe filed a
    reply to the informal objection on February 4, 2004, and RJM
    responded to Anscombe's reply on May 12, 2004.

[^4]: 47 U.S.C §309(k).

[^5]: 47 C.F.R § 1.106, and *WWIZ, Inc*., 37 FCC 685, 686 (1964), *aff'd
    sum nom*., *Lorain Journal Co. v. FCC*, 351 F.2d 824 (D.C. Cir.
    1965), *cert. denied*, 387 U.S. 967 (1966).

[^6]: 47 U.S.C. § 309(k)(1)(C)

[^7]: We find that Anscombe was not prejudiced by RJM's failure to serve
    the petition for reconsideration. Anscombe states that it received
    notice of the petition through the Public Notice published on April
    11, 2006, and duly filed a response which will be considered.

[^8]: *See* 47 C.F.R § 1.106(h). 47 C.F.R. § 1.52.

[^9]: 47 C.F.R. § 1.52.

[^10]: *See* *Supplement to Opposition to Petition for Reconsideration,
    Exhibit A*.

[^11]: A letter of inquiry asking RJM to clarify this discrepancy was
    returned by the United States Postal Service as attempted, unknown
    and undeliverable. The letter was mailed to the address on file with
    both the Commission and the State of Michigan. RJM is a former
    licensee of WGSR(AM), Fernandina Beach, Florida and no longer holds
    any broadcast interests. Under Section 503(b)(5) of the Act, 47
    U.S.C. § 503(b)(5), the Commission generally cannot impose a
    forfeiture on a non-licensee for an initial violation, thus no
    action will be taken against RJM for apparently filing a false
    pleading with the Commission.

[^12]: 47 U.S.C. § 309(k) (emphasis supplied).