> **DA 07-1929**
>
> In Reply Refer to:

1800B3-SS

> Released: April 27, 2007

Mr. John Cullen

6500 North Allen Road (#64)

Peoria, IL 61614-2471

Monterey Licenses, LLC

2511 Garden Rd., Building A, Suite 104

Monterey, CA 93940

In re: WMBD(AM), Peoria, IL

Facility ID No. 42119

Monterey Licenses, LLC

File No. BR-20040802AFW

Application for Renewal of License

**Informal Objection**

Dear Mr. Cullen and Applicant:

This letter refers to: (1) the above-noted application of Monterey
Licenses, LLC ("Licensee") to renew its license for Station WMBD(AM),
Peoria, Illinois; (2) the July 22, 2004, Informal Objection
("Objection") to that application filed by John Cullen ("Cullen"); and
(3) a responsive pleading filed by the Licensee on February 24, 2005. In
his Objection, Mr. Cullen expresses his concern about the
"ultra-conservative Republican" views reflected in the programming of
the station. For the reasons set forth below, we deny the Informal
Objection and grant the renewal 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,[^1]
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 Commission's Rules (the "Rules"); and (3) there have been
no other violations which, taken together, constitute a pattern of
abuse.[^2] 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."[^3]

In his Objection, Mr. Cullen states that WMBD(AM) airs seven straight
hours of "ultra conservative" programming per day. He also contends that
the "screener" of the station's local call-in show will not allow
airtime for callers of differing viewpoints.

We have examined the Objection and find that it does not raise a
substantial and material question of fact calling for further inquiry or
otherwise persuade us that grant of the WMBD(AM) renewal application
would contravene the public interest, convenience, and necessity. The
role of the Commission in overseeing program content is limited. The
First Amendment to the United States Constitution and Section 326 of the
Act[^4] prohibit the Commission from censoring program material or
interfering with broadcasters' free speech rights. The Commission does
regulate broadcast content where federal statutes direct it to do so.
For example, the Commission enforces the statutory prohibition on the
broadcast of obscene, indecent and profane material contained in 18
U.S.C. § 1464. However, it will not take adverse action on a license
renewal application based upon the subjective determination of a
listener or group of listeners as to what constitutes appropriate
programming.[^5] A licensee has broad discretion \-- based on its right
to free speech \-- to choose, in good faith, the programming that it
believes serves the needs and interests of the members of its
audience.[^6] We will intervene in programming matters only if a
licensee abuses that discretion.[^7] Mr. Cullen has not demonstrated
that the Licensee has done so here. Accordingly, we deny the Informal
Objection.

[]{.mark}

**Conclusion.** We have evaluated the WMBD(AM) 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.

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,[^8] the Informal Objection filed on July 22,
2004, by John Cullen IS DENIED**,** and the application (File No.
BR-20040802AFW) of Monterey Licenses, LLC, for renewal of its license
for Station WMBD(AM) IS GRANTED.

Sincerely,

Peter H. Doyle

Chief, Audio Division

Media Bureau

cc: David D. Oxenford, Esq.

[^1]: *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).

[^2]: 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).

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

[^4]: 47 U.S.C. §326.

[^5]: *See WGBH Educational Foundation*, Memorandum Opinion and Order,
    69 FCC 2d 1250, 1251 (1978).

[^6]: *See, e.g., License Renewal Applications of Certain Commercial
    Radio Stations Serving Philadelphia, Pennsylvania,* Memorandum
    Opinion and Order, 8 FCC Rcd 6400, 6401 (1993) ("*Philadelphia
    Station License Renewals*"), citing *Time-Life Broadcast, Inc.,*
    Memorandum Opinion and Order, 33 FCC 2d 1081, 1082 (1972), and
    *Office of Communications of United Church of Christ v. FCC,* 707
    F.2d 1413 (D.C. Cir. 1983) (subsequent history omitted).

[^7]: *Philadelphia Station License Renewals,* 8 FCC Rcd at 6401.

[^8]: 47 U.S.C. § 309(k); 47 C.F.R. §§ 0.61, 0.283.