**DA 07-2835**

***In Reply Refer to:***

1800B3-SS

Released: June 27, 2007

Mr. M. John Phillips

M.J. Phillips Communications, Inc.,

Debtor-in-Possession

1224 Main Street

Niagara Falls, NY 14301

Ms. Joann Nicola Lutz DiStefano Phillips

P. O. Box 2196

Niagara Falls, NY 14301

In re: M.J. Phillips Communications, Inc.,

Debtor-in-Possession

WJJL(AM), Niagara Falls, NY

Facility ID: 39517

File No. BR-20060201BGX

File No. BR-20060405ACO

**Applications for Renewal of License**

Dear Mr. and Ms. Phillips:

Before the staff are two different applications for the renewal of
license of Station WJJL(AM), Niagara Falls, New York (the "Station").
The Station is licensed to M.J. Phillips Communications, Inc.,
Debtor-in-Possession ("DIP"). The first application (the "DIP
Application") was signed by M. John Phillips, President of DIP. The
second application (the "Phillips Application") was filed by Joann
Nicola Lutz DiStefano Phillips ("Phillips"). For the reasons set forth
below, we dismiss the Phillips Application and grant the DIP
Application.

*Signature Requirement*. Section 73.3513(a)(3) of the Commission's Rules
(the "Rules") states that an application filed by a corporation, such as
the Licensee, "must be signed . . . \[by\] an

officer. . . ."[^1] The Phillips Application was signed by "Joann Nicola
Lutz DiStefano Phillips," who identifies herself as "Owner" in an FCC
Form 323 Ownership Report filed concurrently with her WJJL(AM) license
renewal application.[^2] Phillips, however, is not an owner, officer,
director, or board member of DIP.[^3] Accordingly, we will dismiss the
Phillips Application.

*License Renewal Application*. In evaluating an application for license
renewal, the Commission's decision is governed by Section 309(k) of the
Communications Act of 1934, as amended (the "Act"). That section
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.[^4] 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."[^5]

We find that the Station has served the public interest, convenience,
and necessity during the subject license term. We also find that there
have been no serious violations of the Act or of the Rules and that
there have been no violations that, taken together, constitute a pattern
of abuse.[^6] We will therefore grant the DIP Application.[^7]

*Conclusion/Actions*. Accordingly, IT IS ORDERED, that the application
(File No. BR 20060405ACO) of Joann Nicola Lutz DiStefano Phillips for
renewal of license for station WJJL(AM), Niagara Falls, New York, IS
DISMISSED. IT IS FURTHER ORDERED, that the application (File No.

BR-20060201BGX) of M.J. Phillips Communications, Inc.,
Debtor-in-Possession, for renewal of license for station WJJL(AM),
Niagara Falls, New York, IS GRANTED.

Sincerely,

Peter H. Doyle

Chief, Audio Division

Media Bureau

cc: James R. Cooke, Esq.

[^1]: 47 C.F.R. § 73.3513(a)(3).

[^2]: *See* File No. BOS-20060405ACN at p.3.

[^3]: *See* File Nos. BR -20060201BGX, and BOA-20060201BHB; *see also*
    New York Secretary of State website:
    [http://appsext5.dos.state.ny.us/corp_public/CORPSEARCH.ENTITY_INFORMATION?p_nameid=1733495&p_corpid=1661189&p_entity_name=%6D%2E%6A%2E&p_name_type=%25&p_search_type=%42%45%47%49%4E%53&p_srch_results_page=11](http://appsext5.dos.state.ny.us/corp_public/CORPSEARCH.ENTITY_INFORMATION?p_nameid=1733495&p_corpid=1661189&p_entity_name=m.j.&p_name_type=%25&p_search_type=BEGINS&p_srch_results_page=11),
    visited October 6, 2006; *see also M.J. Phillips Communications,
    Inc.*, Memorandum Opinion and Order, 21 FCC Rcd 346 (EB 2006).

[^4]: 47 U.S.C. § 309(k)(1). The renewal standard was amended by Section
    204(a) of the Telecommunications Act of 1996, Pub. L. No. 104-104,
    110 Stat. 56 (1996). *See Implementation of Sections 204(a) and
    204(c) of the Telecommunications Act of 1996 (Broadcast License
    Renewal Procedures)*, Order, 11 FCC Rcd 6363 (1996).

[^5]: 47 U.S.C. §§ 309(k)(2), 309(k)(3).

[^6]: *See M.J. Phillips Communications, Inc*., 21 FCC Rcd at 346.
    Enforcement Bureau ("EB") found that a forfeiture of \$7,000 was
    appropriate for Licensee's violations of Sections 73.1560(a)(1);
    11.35(a); 11.52(d); and 17.4(a) of the Rules. We also find that the
    forfeiture levied by EB was a sufficient sanction for the indicated
    violations.

[^7]: *See* 47 U.S.C. § 309(k).