> **DA 09-14**
>
> *In Reply Refer to:*
>
> 1800B3-JH
>
> Released: January 8, 2009

University of Rhode Island

326 Memorial Union

Kingston, RI 02881

Mr. Ronald P. Marsh

PO Box 3742

Newport, RI 02840

Norman C. Remington

87 Darrow Drive

Warwick, RI 02886

In re: **WRIU(FM), Kingston, RI**

**Facility ID No. 69206**

File No. BRED-20051201CHG

Application for Renewal of License

**Informal Objections**

Dear Licensee, Mr. Marsh and Mr. Remington:

This letter concerns the captioned application (the "Application") filed
by University of Rhode Island ("Licensee") to renew its license for
noncommercial educational ("NCE") Station WRIU(FM), Kingston, Rhode
Island (the "Station"). Also on file are the Informal Objections filed
by Ronald Marsh (the "Marsh Objection") on March 15, 2006, and Norman
Remington (the "Remington Objection") on March 27, 2006. For the reasons
set forth below, we deny the Objections and grant the renewal
application.

**Background.** In their objections,[^1] Marsh and Remington state that,
after the Station made known its intentions of limiting classical and
jazz programming in 2003, it welcomed listeners to "inspect its file of
documents relevant to its performance during the period prior to the
application."[^2] Thereafter, they claim, the Station received and
reviewed listener input, much of which urged the Station to keep its
broadcast programming of jazz and classical music. However, Marsh argues
and Remington agrees, there is no record of this public comment, nor is
there any reference to this issue "as a controversy," in the Station's
public inspection file.[^3]

**Discussion.** Pursuant to Section 309 (e) of the Communications Act of
1934, as amended, informal objectors must 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 Communications Act of
1934, as amended (the "Act"),[^4] which governs our evaluation of an
application for license renewal. Specifically, Section 309(k)(1)
provides that we are to grant the renewal application 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.[^5] 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."[^6]

The Objectors complain that the Station's public inspection file
contained no trace of any listener comments regarding the Licensee's
alleged solicitation of input regarding its format change in 2003.
Section 73.3527 of the Rules[^7] requires an NCE broadcast licensee to
maintain a public inspection file containing specific types of
information related to station operations. That rule does not require
that NCE licensees retain copies of letters or electronic mail messages
from the public.[^8] Accordingly, even were we to take as true the
Objector's claim that the Station's public inspection file in 2006
contained no public comment regarding the proposed format change in
2003, the Licensee's failure to retain in its public file comments
regarding its 2003 format change does not violate the Rules. This
argument requires no further discussion.

**Conclusion/ Actions.** We have evaluated the WRIU(FM) renewal
application pursuant to Section 309(k) of the Act, and we find that the
station 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. Moreover, we find that
the Marsh and Remington objections contain inadequate factual
allegations sufficient enough to warrant further inquiry regarding
renewal of WRIU(FM)'s license.

In light of the above discussion, and pursuant to Section 309(k) of the
Communications Act of 1934, as amended, and Sections 0.61 and 0.283 of
the Commission's Rules,[^9] the Informal Objections filed on March 15,
2006, and March 27, 2006, respectively, by Ronald P. Marsh and Norman
Remington ARE DENIED, and the application (File No. BRED-20051201CHG) of
the University of Rhode Island for renewal of license for Station
WRIU(FM), Kingston, Rhode Island, IS GRANTED.

Sincerely,

Peter H. Doyle

Chief, Audio Division

Media Bureau

[^1]: Marsh and Remington styled their pleadings "Petitions to Deny." We
    are treating the pleadings 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 Petitions to Deny, *e.g.,* they were not
    served on the Station, and they are not supported by affidavit
    signed by a person with personal knowledge of the facts contained in
    the pleading. *See* 37 U.S.C. § 309(d), 47 C.F.R. § 73.3584.

[^2]: *See Marsh Objection Letter to Federal Communications Commission*
    (March 15, 2006). The station now airs a much more diversified
    programming format, although it still includes some jazz and
    classical music. *See* http://www.wriu.org/programming.html.

[^3]: Marsh Objection at 1. Mr. Marsh states that he "personally visited
    the radio station" and viewed its public inspection file. *Id.*

[^4]: *See, e.g., WWOR-TV, Inc.,* Memorandum Opinion and Order, 6 FCC
    Rcd 193, 197 note 10 (1990), *aff'd 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).

[^5]: 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,
    Pub. L. No. 104-104, 110 Stat. 56 (1996). S*ee Implementation of
    Sections204(a) and 204(c) of the Telecommunications Act of 1996
    (Broadcast License Renewal Procedures)*, Order, 11 FCC Rcd 6363
    (1996).

[^6]: 47 U.S.C. §§ 309(k)(2), 309(k)(3).

[^7]: 47 C.F.R. § 73.3527.

[^8]: *Compare* 47 C.F.R. § 73.3526(e)(9), which requires *commercial*
    broadcast licensees to retain all letters and electronic mail
    messages from the public for a period of three years from when they
    are received.

[^9]: 47 U.S.C. § 309(k); 47 C.F.R. §§ 0.61, 0.283.