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FCC Upholds Assignment and Renewal Applications of Bernard Ohio, LLC

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Released: April 17, 2014

Federal Communications Commission

FCC 14-44

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Bernard Ohio, LLC, Assignor
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)

Educational Media Foundation, Assignee
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)

Application for Assignment of License for:
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WYLR(FM), Hubbard, Ohio
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File No. BALH-20120612AAP
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Facility ID No. 63498
Bernard Ohio, LLC
)
)

Applications for Renewal of Licenses for:
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WVKO(AM), Columbus, Ohio
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File No. BR-20120529AHE
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Facility ID No. 22341
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WVKO-FM, Johnstown, Ohio
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File No. BRH-20120529AHG
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Facility ID No. 58633
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WASN(AM), Youngstown, Ohio
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File No. BR-20120529AHH
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Facility ID No. 72100
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WYLR(FM), Hubbard, Ohio
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File No. BRH-20120529AHK
)
Facility ID No. 63498
)
WGFT(AM), Campbell, Ohio
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File No. BR-20120529AHJ
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Facility ID No. 74164
Application to Modify License for:
)
)

WYLR(FM), Hubbard, Ohio
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File No. BMLED-20120710AAS
)
Facility ID No. 63498

MEMORANDUM OPINION AND ORDER

Adopted: April 16, 2014

Released: April 17, 2014

By the Commission:
1.
In this Memorandum Opinion and Order, we deny the Application for Review filed by
Percy Squire (“Squire”) on May 16, 2013. Squire seeks review of an April 18, 2013, action by the Media
Bureau (“Bureau”),1 which denied Squire’s Petition for Reconsideration of the January 11, 2013, letter
decision granting the above-captioned applications (“Applications”) of Bernard Ohio, LLC (“Bernard”).2

1 Aaron P. Shainis, Esq., Letter, 28 FCC Rcd 5198 (MB 2013) (“Reconsideration Decision”).
2 Aaron P. Shainis, Esq., Letter, 28 FCC Rcd 126 (MB 2013) (“Letter Decision”).

Federal Communications Commission

FCC 14-44

2.
Squire’s arguments in the Application for Review are the same as those raised below. In
both the Letter Decision and Reconsideration Decision, the Bureau thoroughly addressed Squire’s
contentions regarding impermissible levels of foreign ownership and unauthorized control of the above-
captioned stations (“Stations”). First, the Bureau found that Squire had failed to provide factual support
for his argument that the percentage of capital stock of the licensee’s indirect owner “owned of record or
voted by aliens” exceeded the 25 percent benchmark contained in Section 310(b)(4) of the
Communications Act of 1934, as amended.3 Second, the Bureau held that Squire had failed to adduce any
facts regarding the alleged unauthorized control of the Stations, because his argument was based on
allegations involving a different licensee and different radio stations and therefore not relevant in
assessing the Applications.4 Moreover, the Bureau noted that those allegations had been rejected with
regard to that licensee and those stations.5
3.
Upon review of the Application for Review and the entire record, we conclude that
Squire has not demonstrated that the Bureau erred. The Bureau, in the Reconsideration Decision,
properly decided the matters raised, and we uphold its decision for the reasons stated therein.
4.
ACCORDINGLY, IT IS ORDERED that, pursuant to Section 5(c)(5) of the
Communications Act of 1934, as amended,6 and Section 1.115(g) of the Commission’s rules,7 the
Application for Review IS DENIED.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary

3 47 U.S.C. § 310(b)(4).
4 See 47 U.S.C. § 309(k)(1) (stating that relevant findings must be made specifically “with respect to” the station
seeking renewal).
5 See Urban Radio I, LLC, Debtor-in-Possession, Letter, Ref No. 1800B3-MFW at 5-6 (MB 2012), application for
review pending; see also DFW Radio License, LLC, Memorandum Opinion and Order, 29 FCC Rcd 804, ¶ 32
(2014), appeal pending.
6 47 U.S.C. § 155(c)(5).
7 47 C.F.R. § 1.115(g).
2

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