******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 In re application of) ) Tsooris Corporation ) (Assignor) ) ) and) ) Talkline Broadcasting Corporation) (Assignee)) ) For Assignment of License of) WLIR(AM), Spring Valley, New York) MEMORANDUM OPINION AND ORDER Adopted: July 25, 1997 Released: August 1, 1997 By the Commission: 1. The Commission has before it a February 25, 1997 Petition for Reconsideration, filed by Talkline Broadcasting Corp. ("Talkline"), and related pleadings. Talkline seeks reversal of the Commission's Memorandum Opinion and Order, FCC 97-14, January 27, 1997 ("Memorandum Opinion and Order") which denied a March 13, 1996 Application for Review filed by Talkline. The Memorandum Opinion and Order affirmed a February 12, 1996 letter ruling by the Acting Chief, Audio Services Division, Mass Media Bureau, which found that a New York State court had ruled that consummation of an assignment of license of station WLIR(AM), Spring Valley, New York, from Tsooris Corporation ("Tsooris") to Talkline had not occurred. Consequently, the Memorandum Opinion and Order upheld the letter ruling's conclusion that Tsooris remains the licensee of WLIR(AM). For the reasons noted below, we deny the Petition for Reconsideration. 2. Talkline filed its Petition for Reconsideration pursuant to 47 C.F.R. Section 1.106(b)(2), which establishes the criteria for the Commission to consider a Petition for Reconsideration after it has denied an Application for Review. Section 1.106(b)(2)(i), upon which Talkline expressly relies, requires that "[T]he petition relies on facts which relate to events which have occurred, or circumstances which have changed, since the last opportunity to present such matters." 47 C.F.R. Section 1.106(b)(2)(i). The Petition for Reconsideration submits only a copy of a June 4, 1996, Decision by the Supreme Court of the State of New York, Appellate Term, 9th and 10th Judicial Districts ("Appellate Term") as a basis for reconsideration. The Appelate Term's Decision denied Talkline's motion to reargue, or in the alternative, to further appeal. The Decision does not alter the earlier court determination that consummation of the sale of WLIR(AM) to Talkline had not occurred. See Order, Tsooris Corporation v. Talkline Broadcasting Corp., (Justice Court, Town of Clarkstown, County of Rockland, State of New York, May 27, 1994). Therefore, the court's decision is consistent with the conclusion reached in the Memorandum Opinion and Order that Tsooris remains the licensee of WLIR(AM). 3. Accordingly, IT IS ORDERED that the Petition for Reconsideration filed February 25, 1997 by Talkline IS DENIED. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary