**DA 07-4266**

*In Reply Refer to:*

1800B3-KV

Released: October 15, 2007

Mr. Roy E. Henderson

1110 West William Cannon Drive

Suite 402

Austin, TX 79745-5460

Ms. Elizabeth P. Conway

1816 Branard Street

Houston, TX 77098

Mr. Jeff Pullin

1111 Golfview Drive

Apt. \# 801

Richmond, TX 77469

Mr. Nathan Simecek

4545 Kingwood Drive

\# 1823

Kingwood, TX 77345

In re: KNUZ(AM), Bellville, Texas

Facility ID No. 48653

File No. BR-20050331BEI

Application for Renewal of License

**Informal Objections**

Dear Applicant and Objectors:

This letter refers to the above-referenced application filed on March
31, 2005, by Roy E. Henderson (the "Licensee"), for renewal of license
for Station KNUZ(AM), Bellville, Texas (the "Application"). Also on file
are Informal Objections filed by Elizabeth P. Conway ("Conway"),[^1]
Nathan Simecek ("Simecek"), and Jeff Pullin ("Pullin").[^2] The filings
(the "Informal Objections") by Conway, Simecek, and Pullin (the
"Objectors")[^3] are virtually verbatim submissions.[^4] On May 24,
2005, the Licensee filed his response.[^5] For the reasons set forth
below, we deny the Informal Objections and grant the Application.

**Discussion**. Informal objections must, pursuant to Section 309(e) of
the Communications Act of 1934, as amended (the "Act"), provide properly
supported allegations of fact that, if true, would establish a
substantial and material question of fact that grant of the application
would be *prima facie* inconsistent with Section 309(k) of the Act,[^6]
which governs our evaluation of an application for license renewal.
Specifically, Section 309(k)(1) provides that if, upon consideration of
the application and pleadings, we find that (1) the station has served
the public interest, convenience, and necessity; (2) there have been no
serious violations of the Act or the Rules; and (3) there have been no
other violations which, taken together, constitute a pattern of abuse,
we are to grant the renewal application.[^7] If, however, the licensee
fails to meet that standard, the Commission may deny the application --
after notice and opportunity for a hearing under Section 309(e) of the
Act -- or grant the application "on terms and conditions that are
appropriate, including a renewal for a term less than the maximum
otherwise permitted."[^8]

The Objectors argue that the Licensee has committed numerous violations
during the Station's license term and propose awarding the Station's
license to Tony Johnson, operator of "CAT-AM," Monaville, Texas, which
is apparently an unlicensed low power Part 15 station,[^9] because they
prefer its programming. In particular, the Objectors allege that the
Licensee has committed the following violations during the prior license
term: the studio is non-functional; the public file has not been
maintained since 2002 and is located at another radio station; and the
Station operates for only two weeks per year by simulcast transmission
from another radio station owned by the Licensee. However, the Objectors
fail to provide any evidence to support these contentions. The Licensee,
in a signed affidavit, has refuted each of these allegations.[^10]
Accordingly, we conclude that they have failed to raise a substantial
and material question of fact.

Moreover, we reject the Objectors' request that we "award" the KNUZ(AM)
license to Tom Johnson. There is no statutory provision that would
authorize the Commission to take such an action. In fact, the Commission
is prohibited from accepting competing applications filed against
applications for renewal of a broadcast radio station license.[^11]
Rather, if the Commission finds that the Station served the public
interest and there are no serious violations or violations constituting
a pattern of abuse, the Commission is required to renew the Station's
license.[^12]

**Conclusion/Actions**. We have evaluated the Application pursuant to
Section 309(k) of the Act,[^13] and we find that Station KNUZ(AM) has
served the public interest, convenience, and necessity during the
subject license term; there have been no serious violations of the Act
or the Rules; and there have been no other violations which, taken
together, constitute a pattern of abuse.

In light of the above discussion, and pursuant to Section 309(k) of the
Act, and Sections 0.61 and 0.283 of the Rules,[^14] the Informal
Objections filed by Elizabeth P. Conway, Nathan Simecek, and Jeff
Pullin, respectively, ARE DENIED,[^15] and the three unidentified
informal objections, two of which were filed on April 8, 2005, and one
on April 11, 2005, ARE DISMISSED. Additionally, Roy E. Henderson's
application (File No. BR-20050331BEI) for renewal of license for Station
KNUZ(AM), Bellville, Texas, IS GRANTED.

> Sincerely,

Peter H. Doyle

Chief, Audio Division

Media Bureau

cc: Robert J. Buenzle, Esquire

[^1]: On May 16, 2005, the Commission received via the U.S. Postal
    Service an identical letter from Conway dated May 5, 2005. We are
    treating the untitled letter by Conway as an Informal Objection
    under Section 73.3587 of the Commission's Rules (the "Rules"), 47
    C.F.R. § 73.3587, because it fails to comply with the procedural
    requirements for filing a Petition to Deny, *e.g.,* it was not
    served on the Licensee or its counsel, and the factual assertions
    contained in the filings are not supported by an affiant with
    personal knowledge. *See* 47 U.S.C. § 309(d), 47 C.F.R. § 73.3584.

[^2]: On May 11, 2005, the Commission received via the U.S. Postal
    Service a second undated letter from Pullin. We are treating both
    submissions by Pullin as Informal Objections under Section 73.3587
    of the Commission's Rules (the "Rules"), 47 C.F.R. § 73.3587,
    because they fail to comply with the procedural requirements for
    filing a Petition to Deny, *e.g.,* they were not served on the
    Licensee or its counsel, and the factual assertions contained in the
    filings are not supported by an affiant with personal knowledge.
    *See* 47 U. S.C. § 309(d), 47 C.F.R. § 73.3584.

[^3]: The Commission also received on April 8, 2005, and April 11, 2005,
    three identical Informal Objections that either failed to list the
    objector's address or the contact information was illegible. These
    Informal Objections are substantially similar to the
    above-referenced Informal Objections and we will therefore dismiss
    them herein.

[^4]: The Informal Objections also seek denial of the Licensee's pending
    application for major modification (File No. BMJP-20050118ADC) which
    seeks to relocate the Station to Katy, Texas. With regard to this
    major modification application the Informal Objections remain
    pending.

[^5]: Opposition to Informal Objections ("Opposition").

[^6]: *See, e.g., WWOR-TV, Inc.,* Memorandum Opinion and Order, 6 FCC
    Rcd 193, 197 n.10 (1990), *affirmed sub nom. Garden State
    Broadcasting L.P. v. FCC,* 996 F.2d 386 (D.C. Cir. 1993), *rehearing
    denied* (Sep. 10, 1993); *Area Christian Television, Inc.,*
    Memorandum Opinion and Order, 60 RR 2d 862, 864 (1986) (informal
    objection must contain adequate and specific factual allegations
    sufficient to warrant the relief requested).

[^7]: 47 U.S.C. § 309(k)(1). The renewal standard was amended to read as
    described by Section 204(a) of the Telecommunications Act of 1996 (
    the "1996 Act") , Pub. L. No. 104-104, 110 Stat. 56 (1996). S*ee
    Implementation of Sections 204(a) and 204(c) of the
    Telecommunications Act of 1996 (Broadcast License Renewal
    Procedures)*, Order, 11 FCC Rcd 6363 (1996).

[^8]: 47 U.S.C. §§ 309(k)(2), 309(k)(3).

[^9]: *See* 47 C.F.R. §§ 15.207, 15.209, 15.219, and 15.221, which
    permits unlicensed transmission in the AM broadcast band of 0.05
    watts. *See also Permitted Forms of Low Power Broadcast Operation*,
    Public Notice, Mimeo No. 14089 (Jul. 24, 2001).

[^10]: *See Morgan County Industries, Inc.*, Memorandum Opinion and
    Order and Notice of Apparent Liability, 21 FCC Rcd 13712, 13714 (MB
    2006) (unsupported allegation failed to present a substantial and
    material question of fact when rebutted by Licensee's sworn
    statements). The Opposition states that the building identified by
    the Objectors as the unoccupied KNUZ(AM) "studio" is actually an
    abandoned building at the KNUZ(AM) transmitter site. According to
    the Licensee, the KNUZ(AM) studio is located in Brenham, Texas.
    Opposition, Declaration of Roy E. Henderson, at 1-2. The Licensee
    further avers that the KNUZ(AM) public inspection file "contains
    copies of all the items required by the Commission's rules," *id.*
    at 1, and that the Station has been on the air continuously except
    for the period from February 27, 2003 through January 28, 2004, when
    it experienced "technical problems" and was off the air with the
    full knowledge and consent of the Commission. *Id.* Commission
    records reflect that KNUZ(AM) received special temporary
    authorization to remain silent on March 25, 2003, *see*
    BLSTA-20030320DG, and the authorization was extended on October 3,
    2003. *See* BLSTA-20031001CFT.

[^11]: *See* Pub. L. No. 104-104, 110 Stat. 56, codified at 47 U.S.C. §
    309(k)(4) (which prohibits the comparative consideration of renewal
    applicants filed after May 1, 1995). S*ee also Broadcast License
    Renewal Procedure*, 11 FCC Rcd at 6363 (1996).

[^12]: *See* 47 U.S.C. 309(k)(1).

[^13]: 47 U.S.C § 309(k).

[^14]: ^?^ 47 U.S.C. § 309(k); 47 C.F.R. §§ 0.61, 0.283.

[^15]: The Informal Objections remain pending as to the Licensee's
    application for major modification. *See supra* note 4.