Mr. Rick Morrison, President

RJM Communications, Inc.

1228 S. Park Street

Kalamazoo, Michigan 49001

Steven M. Cohen, Esq.

Lorenzo & Cohen

Statler Towers, Suite 1400

107 Delaware Avenue

Buffalo, New York 14202

In Re: **WSIR(AM), Winter Haven, Florida**

**Facility ID No. 72683**

File No. BR-20030911AAH

Application for Renewal of License

**WAVP(AM), Avon Park, Florida**

**Facility ID No. 72684**

File No. BR-20030911AAF

Application for Renewal of License

Dear Mr. Morrison and Mr. Cohen:

This letter concerns the captioned applications filed by Anscombe
Broadcasting Group, Ltd. ("ABG") to renew the licenses of stations
WSIR(AM), Winter Haven, Florida, and WAVP(AM), Avon Park, Florida. Also
before us is a December 30, 2003, informal objection (the "Objection")
filed by RJM Communications, Inc. ("RJM"), directed to the subject
renewal applications.[^1] For the reasons set forth below, we deny the
objection and grant both the renewal applications.

*Background.* On September 11, 2003, ABG filed applications for license
renewal with respect to WSIR(AM), Winter Haven, Florida, and WAVP(AM),
Avon Park, Florida. In its Objection, RJM states that, at all times
pertinent hereto, it was the licensee of station WGSR(AM), Fernandina
Beach, Florida.[^2] It asserts that, on June 20, 2002, it entered into a
"Local Marketing Agreement" with ABG.[^3] RJM contends that on March 13,
2003, it mailed a letter to ABG stating that it was going to sell
WGSR(AM) to another company and that ABG would have to cease its
operation of the station and vacate the premises by April 15, 2003. RJM
asserts that ABG did not vacate the station by April 15, 2003, and that
when it sent its engineer to turn off the station on April 30, 3003, ABG
refused him entry to the transmitter room. As a result, RJM went to
court in Florida to obtain a Judgment of Eviction against ABG which
vacated the station on May 21, 2003. RJM contends that this constituted
a usurpation of control of WGSR(AM) without Commission approval, in
violation of Section 310(d) of the Communications Act.

In response, ABG claims that, since April 2003, it has been involved in
litigation in the United States District Court for the Western District
of New York with RJM relating to WGSR(AM).[^4] It claims that RJM
threatened to object to the renewal of the licenses for ABG's stations
WSIR(AM), Winter Haven, Florida, and WAVP(AM), Avon Park, Florida, if
ABG did not discontinue the litigation. It also claims that the Florida
court vacated the eviction notice and that the reason its personnel did
not allow the RJM engineer access to the transmitter is because they did
not know who he was.[^5]

*Discussion.* In evaluating an application for license renewal, the
Commission's decision is governed by Section 309(k) of the
Communications Act. That section provides that we are to grant a
broadcast station's license renewal application if, upon consideration
of the application and pleadings, we find *with respect to that station*
that: (1) the station has served the public interest, convenience, and
necessity; (2) there have been no serious violations of the
Communications Act or the Commission's Rules with respect to that
station; and (3) there have been no other violations which, taken
together, constitute a pattern of abuse.[^6] 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."[^7]

In the instant case, RJM's objection is to the renewal of licenses for
stations WSIR(AM), Winter Haven, Florida, and WAVP(AM), Avon Park,
Florida. The allegations contained in that objection, however, pertain
to alleged misconduct at station WGSR(AM), Fernandina Beach, Florida.
Section 309(k) precludes consideration of allegations of misconduct at
any station but that for which a renewal application is before the
agency. This position is reflected in the broadcast license renewal form
and instructions.[^8] Because in the instant matter, the alleged
misconduct took place at a station (*i.e.,* WGSR(AM)) other than the
stations whose renewal applications are before us (*i.e.,* WSIR(AM) and
WAVP(AM)), we may not consider those allegations as having a bearing on
the licensee's fitness to have these stations' licenses renewed.[^9]

**Conclusion/Actions.** Because we find that there have been no serious
violations of the Communications Act or the rules and regulations of the
Commission involving stations WSIR(AM) or WAVP(AM), or violations by the
licensee of the Act or rules and regulations of the Commission which,
taken together, would constitute a pattern of abuse, and because we find
that stations WSIR(AM) and WAVP(AM) served the public interest,
convenience, and necessity during the subject license term, we will
grant the subject renewal applications.

Accordingly, for the reasons set forth above, the RJM objection IS
DENIED. Finally, because the subject applications are otherwise in full
compliance with the Commission's Rules and the Communications Act, and
finding that the public interest, convenience, and necessity would be
served thereby, the applications for renewal (File Nos. BR-20030911AAH
and BR-2003911AAF) for stations WSIR(AM), Winter Haven, Florida, and
WAVP(AM), Avon Park, Florida, respectively, ARE GRANTED.

Sincerely,

Peter H. Doyle Chief, Audio Division

Media Bureau

cc: Anscombe Broadcasting Group, Inc.

[^1]: A "Reply to Informal Objection to Application for Renewal" and a
    "Response to Anscombe Broadcasting Group, LTD's Reply to Informal
    Objection to Application for Renewal Licensee" were filed on
    February 4, 2004 and May 12, 2004, respectively.

[^2]: The call sign of the Fernandina Beach AM station was changed to
    WNNR(AM) on January 16, 2004, and to WVOJ(AM) on January 21, 2004.
    For administrative convenience, we will refer to the station as
    WGSR(AM) throughout this letter.

[^3]: RJM further states that the parties had originally discussed the
    eventual purchase of WGSR(AM) by ABG but never reached a
    satisfactory agreement.

[^4]: Civil Case \# 03 CV 036A(F).

[^5]: RJM contends that ABG has misrepresented the state of the
    eviction. It states that the Florida court denied ABG's motion to
    vacate the eviction notice and provides a copy the court's Order.

[^6]: 47 U.S.C. §309(k)(1) (emphasis supplied). 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). *See Order, Implementation of Sections 204(a) and 204(c) of
    the Telecommunications Act of 1996 (Broadcast License Renewal
    Procedures)*, 11 FCC Rcd 6363 (1996).

[^7]: 47 U.S.C. §§ 309(k)(2), 309(k)(3).

[^8]: *See* FCC Form 303-S, Section II, Item 4 and concomitant
    instructions.

[^9]: WGSR(AM)'s unconstested license renewal application (File No.
    BR-20030916ACD) was routinely granted by the staff on June 15, 2004.
    Moreover, RJM sold the station to Florida Sports News Network, LLC
    in 2004 (Application No. BAL-2030409AAI, granted by the staff on May
    25, 2003), which subsequently sold the station to Norsan Consulting
    and Management, Inc. (File No. BAL-2050405ABB, granted on June 1,
    2005 and consummated on September 14, 2005). It is well established
    that the Commission's routine sanction for an unauthorized transfer
    of control is forfeiture and not designation for revocation. The
    Commission, however, is statutorily barred from instituting
    forfeiture proceedings against either RJM or ABG based on alleged
    conduct which occurred in 2002 and 2003. *See* 47 U.S.C. §
    503(b)(6).