Federal Communications Commission
Washington, D.C. 20554
July 13, 2007
DA 07-3222
  In Reply Refer to:
1800B3-KV
Released: July 13, 2007
Mr. Stephen Diliberto
48750 E. 110 Rd.
Miami, OK 74354-6001
Kevin M. Walsh, Esquire
Irwin, Campbell & Tannenwald, P.C.
1730 Rhode Island Avenue, NW
Suite 200
Washington, DC  20036
 In re: KRPS(FM), Pittsburg, Kansas
Pittsburg State University  
Facility ID No.  52740  
File No. BRED-20050201AZE
Application for Renewal of License
Informal Objection
Dear Messrs. Diliberto and Walsh:
This letter refers to the above-noted application filed on February 1, 2005, by Pittsburg State 
University (the Licensee), for renewal of license for noncommercial educational (NCE) Station 
KRPS(FM), Pittsburg, Kansas (the Application).  On March 10, 2005, Mr. Stephen Diliberto 
(Diliberto) filed an Informal Objection1 to the Application. On June 6, 2005, the Licensee filed a 
response.  For the reasons set forth below, we deny the Informal Objection and grant the Application.
Background.  Station KRPS(FM) is an affiliate of National Public Radio (NPR).  Diliberto, a 
listener of Station KRPS(FM), raises an assortment of objections to the NPR programming aired on 
KRPS(FM). The bulk of these objections concern NPRs alleged hiring decisions and the perceived
content of its programs.  Diliberto argues that NPR as it now operates is clearly under the domination of 
one cultural/political faction reflected in its personnel, editorial viewpoint, and programming . . . .2  
  
1 We are treating the untitled filing by Diliberto as an Informal Objection under Section 73.3587 of the 
Commissions 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 KRPS(FM) or its counsel, and it is not supported by affidavit.   
See 37 U.S.C.  309(d), 47 C.F.R.  73.3584.
2 Informal Objection at 2.
2
Specifically, Diliberto alleges that NPR is staffed by Zionists, Jews, homosexuals, purveyors of popular 
culture . . . promoting their personal ends.3 Dilberto claims that other groups and viewpoints are either 
excluded or depicted as embracing the NPRs staff goals.4 According to Diliberto, the most serious 
fault of NPR is its divisiveness regarding foreign policy.5  He also contends that NPR is propaganda 
organ for the war in the Middle East.6 Additionally, Diliberto lists a series of what he considers rather 
petty complaints about NPR compared to it being a Zionist organ but so serious that were there proper 
oversight theyd be not allowed.7  Finally, Diliberto argues that Station KRPS(FM)s broadcasts of 
Christmas music violates the separation of Church and State.8  
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,9  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.10 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.11
Several of Dilibertos arguments are either speculative and unsupported or concern matters 
relating to practices occurring at NPR, which is not a Commission licensee and over which the 
Commission has no jurisdiction.  Dilibertos programming objections concern matters over which the 
Commission has only limited review authority. The First Amendment of the Constitution and Section 
     
3 Id.
4 Id. at 3.
5 Id. at 4.
6 Id. at 13.
7 Id.  
8 Id. at 17-18.  
9 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).
10 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).   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).
11 47 U.S.C.  309(k)(2), 309(k)(3).
3
326 of the Act prohibit the Commission from exercising any power of censorship over broadcast station 
programming.12  Licensees are entitled to broad discretion in the scheduling, selection and presentation of 
news programming.13  This is particularly so with regard to the programming decisions of NCE broadcast 
stations.  The Commission historically has had the appropriately limited role of facilitating the 
development of the public broadcasting system rather than determining the content of its programming.14  
Finally, Dilibertos allegation that Station KRPS(FM)s broadcasts of Christmas music violate the 
constitutional requirement regarding the separation of church and state is without legal basis.  The 
Supreme Court15 guidelines are satisfied here, and no constitutional bar exists which would prohibit the 
Licensee from broadcasting Christmas music.16  Accordingly, we will deny the Informal Objection.
Conclusion/Actions.  We have evaluated the Application pursuant to Section 309(k) of the Act,17
and we find that Station KRPS(FM) 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,18 the Informal Objection filed on March 10, 2005, by Stephen Diliberto IS DENIED, 
and the application (File No. BRED-20050201AZE) of Pittsburg State University for renewal of license 
for noncommercial educational Station KRPS(FM), Pittsburg, Kansas, IS GRANTED.  
Sincerely,
 Peter H. Doyle
 Chief, Audio Division
  Media Bureau
cc: Pittsburg State University
  
12 U.S. Const., Amend I; 47 U.S.C.  326.
13 See, e.g., National Broadcasting Company v. FCC, 516 F.2d 1101, 1112-1113, 1119-1120, 1172 (D.C. Cir. 1974), 
cert denied sub nom. Accuracy in Media Inc. v. National Broadcasting Company, 424 U.S. 910 (1976); see also 
Columbia Broadcasting System, Inc. v. Democratic National Committee, 412 U.S. 94, 124 (1973); Hunger in 
America, Memorandum Opinion and Order, 20 FCC 2d 143, 150-151 (1969).
14 Revision of Programming Policies and Reporting Requirements Related to Public Broadcasting Licensees, Notice 
of Proposed Rule Making, 87 FCC 2d 716, 732 (1981).  See also License Renewal Applications of Certain 
Commercial Radio Stations Serving Philadelphia, Pennsylvania, Memorandum Opinion and Order, 8 FCC Rcd 
6400, 6401 (1993) (licensees have broad discretion over programming decisions).
15 Lemon v. Kurtzman, 403 U.S. 602, 91 Sup. Ct. 2105 (1971) (i.e., whether the State activity has a secular purpose, 
whether its primary effect will not advance or inhibit religion, and whether it will not foster excessive government 
entanglement with religion).
16 See, e.g., Corvallis TV Cable Co., Assignor, Memorandum Opinion and Order, 59 FCC 2d 1282 (1976).
17 47 U.S.C  309(k).
18 47 U.S.C.  309(k); 47 C.F.R.  0.61, 0.283.