Bruce G. Danziger, President

Great Northern Radio, LLC

70 Walnut Street, Suite 411

Wellesley, MA 02481

John C. Donlevie, Executive Vice President

Entercom Springfield License, LLC

401 City Avenue, Suite 809

Bala Cynwyd, PA 19004

Howard J. Braun, Esq.

Katten Muchin Rosenman LLP

1025 Thomas Jefferson Street, N.W., Suite 700

Washington, D.C. 20007-5201

> In re: **WVEI-FM, Easthampton, MA**

Facility ID No. 11295

File No. BALH-20060224ABD

**Application for Assignment of License**

**Informal Objection**

Dear Mr. Danziger, Mr. Donlevie, and Counsel:

We have before us the above-referenced application ("Assignment
Application") proposing to assign the license of Station WVEI-FM
(formerly WBEC-FM), Easthampton, Massachusetts, from Great Northern
Radio, LLC ("Great Northern") to Entercom Springfield License, LLC
("Entercom") and an Objection to Assignment ("Objection") filed by Irene
M. Stolz ("Stolz").[^1] For the reasons stated below, we deny the
Objection and grant the Assignment Application.

**Background.** The Objection was filed on March 29, 2006. The record
before us indicates that Stolz had, in fact, died on March 24, 2006.
Notice of Stolz's death was disclosed to the Commission on April 21,
2006, in connection with a Motion for Extension of Time, filed by
counsel on behalf of the Estate of Irene M. Stolz ("Estate"). In a
subsequent pleading, counsel stated that "the Informal Objection was
errantly filed in Objector's name only because counsel for Objector had
not been timely informed of Objector's passing."[^2] On June 30, 2006,
Entercom sought dismissal of the Objection on procedural grounds,
arguing that such action was warranted because Stolz, the purported
objector, was deceased at the time that the Objection was filed in her
name. On July 20, 2006, counsel filed an Erratum to Objection to
Assignment Application, seeking to substitute the "Estate of Irene M.
Stolz, Edward R. Stolz, II, Executor," for "Irene M. Stolz" as the
objecting party. Substantively, the Objection submits that the assignee
lacks the necessary character qualifications to hold a Commission
license, based on past indecency violations and pending payola
allegations. The Objection requests that the Commission forbear from any
action on the Assignment Application until such misconduct allegations
are resolved.

**Discussion.** *Procedural Issue*. Entercom argues that death has
terminated Stolz's standing to file the Objection. Parties that lack
standing, however, may file informal objections. Section 73.3587 of the
Commission's Rules (the "Rules") permits the filing of an informal
objection by any person, any time "\[B\]efore FCC action on any
application for an instrument of authorization . . . . "[^3] Given that
Stolz died before the Objection was filed, the pleading should have been
submitted in the name of the Executor, on behalf of the Estate. Counsel
therefore, appropriately filed the July 20, 2006, Erratum to Objection
to Assignment Application. We will accept the substitution of the Estate
of Irene M. Stolz, Edward R. Stolz, II, Executor, as the objecting
party. Accordingly, we will consider the arguments raised in the
Objection.

*Substantive Issues. Indecency.* The Objection raises no issues specific
to the Assignment Application. Rather, Objector first states that
Entercom, directly and through its subsidiaries, has evidenced its
disregard for the Rules, particularly those rules restricting indecent
broadcasts. The Commission previously investigated specific indecency
allegations and found that they do not put Entercom's qualifications in
question.[^4] Accordingly, the Objection's general and unsupported
allegations do not provide a basis to initiate a new inquiry into these
matters.

*Payola.* The Objection states that "\[O\]n March 7, 2006, the New York
Attorney General sued \[Entercom\] alleging that \[Entercom\] through
its New York subsidiaries has traded broadcast airtime for payoffs
without disclosing the source or purpose of the consideration received,
and as having a corporate plan for the company's participation in
'play-for-pay.'" [^5] Objector asserts that, given the current payola
litigation involving Entercom, at a minimum, action on the Assignment
Application should be deferred until completion of the payola
proceedings, which go to the core of Entercom's basic qualifications.

On April 13, 2007, the Commission released an *Order* adopting a Consent
Decree between it and Entercom, and terminated its inquiry into payola
allegations involving Entercom.[^6] The *Order* determined that the
public interest would be served by approving the Consent Decree and
terminating all pending proceedings against Entercom relating to the
investigation of whether it or any of its respective subsidiaries that
hold FCC authorizations violated Sections 317 and 507 of the Act, and/or
Section 73.1212 of the Rules.[^7] The Commission concluded that "nothing
in the record before us creates a substantial and material question of
fact in regard to these matters as to whether Entercom and its direct or
indirect subsidiaries that hold FCC authorizations possess the basic
qualifications, including character qualifications, to hold or obtain
any FCC licenses or authorizations."[^8] We find that the Estate was
provided the relief that it seeks, *i.e.*, deferral of the Commission's
consideration of the transaction until completion of the payola
investigation. Accordingly, this issue is now moot.

**Conclusion/Actions**. Based on the above, we find that no substantial
and material question of fact has been presented. We further find that
Entercom is qualified as the assignee and that grant of the Assignment
Application is consistent with the public interest, convenience and
necessity. Accordingly, IT IS ORDERED, that the Objection IS DENIED, and
that the application to assign the license of Station WVEI-FM,
Easthampton, Massachusetts (File No. BALH-20060606ABD) from Great
Northern Radio, LLC, to Entercom Springfield License, LLC, IS GRANTED.

Sincerely,

Peter H. Doyle

Chief, Audio Division

Media Bureau

cc: David G. O'Neil, Esq

Brian M. Madden, Esq.

[^1]: Additional pleadings have been filed. Entercom filed an Opposition
    to Informal Objection on April 12, 2006. The Estate of Irene M.
    Stolz, by counsel, filed a Motion for Extension of Time on April 21,
    2006. The Estate of Irene M. Stolz, Edward R. Stolz, Executor, filed
    a Reply to Opposition to Objection to Assignment Application on May
    2, 2006. Entercom filed a Motion to Dismiss Informal Objection
    ("Motion to Dismiss") on June 30, 2006. The Estate of Irene M.
    Stolz, Edward R. Stolz, II, Executor, filed both an Opposition to
    Motion to Dismiss Informal Objection, ("Opposition to Dismiss") and
    an Erratum to Objection to Assignment Application and to Reply to
    Opposition to Assignment Application ("Erratum to Objection to
    Assignment Application") on July 20, 2006. Entercom filed a Reply to
    Opposition to Motion to Dismiss Informal Objection on August 1,
    2006.

[^2]: Opposition to Dismiss at 7.

[^3]: 47 C.F.R. § 73.3587. *See also Urban Telecommunications Corp.*,
    Memorandum Opinion and Order, 7 FCC Rcd 3867 (1992) (although
    agreeing that a dissolved corporation cannot be aggrieved,
    nonetheless considered the pleading as an informal request for
    Commission action).

[^4]: For example, in a 2004 Notice of Apparent Liability for Forfeiture
    involving programs broadcast by Entercom stations in the Kansas City
    and Witchita, Kansas markets, the Commission took into account prior
    indecency infractions by Entercom stations, and concluded that a
    monetary forfeiture alone was the appropriate sanction. *See
    Entercom Kansas City License, LLC*, Notice of Apparent Liability for
    Forfeiture, 19 FCC Rcd 25011, 25018 (2004) ("Kansas City NALF"). The
    Commission has since granted the renewals for other stations
    licensed to Entercom, subsequent to the issuance of the Kansas City
    NALF. *See, e.g.,* Station KCSP(AM), Kansas City, Missouri (File No.
    BR-20041001AMS, granted January 21, 2005), Station WDAF-FM, Liberty,
    Missouri (File No. BRH-20041001AKI, granted March 2, 2005) and
    Station KKHK(AM), Kansas City, Kansas (File No. BR-20050201BFS,
    granted February 22, 2006).

[^5]: Objection at 5.

[^6]: *Entercom Communications Corp.*, Order, 22 FCC Rcd 7121 (2007)
    ("*Order*").

[^7]: *Id.* at 7121.

[^8]: *Id.*