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FCC Denies Application for Review by Matinee Radio, LLC

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Released: February 15, 2013
Federal Communications Commission FCC 13-20

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of


Application for Construction Permit
File No. BNPH-20050103AAU
For Station KRTS(FM), Marfa, Texas
Facility ID No. 164217
Application for Construction Permit
File No. BNPH-20050103AAW
For Station KKUL-FM, Groveton, Texas
Facility ID No. 164216
Application for Construction Permit
File No. BNPH-20050103AAX
For Station KNOS(FM), Albany, Texas
Facility ID No. 164214
Application for Construction Permit
File No. BNPH-20050103AAY
For Station KTXO(FM), Goldsmith, Texas
Facility ID No. 164215
Application for Construction Permit
File No. BNPH-20050103AAZ
For Station KANM(FM), Magdalena, New Mexico )
Facility ID No. 164213


Adopted: February 15, 2013

Released: February 15, 2013
By the Commission:
In this Memorandum Opinion and Order, we deny the Application for Review (“AFR”)
filed by Matinee Radio, LLC (“Matinee”), applicant for five new FM broadcast stations in FM Broadcast
Auction No. 37 (“Auction 37”).1 Matinee seeks review of the decision of the Media Bureau (“Bureau”)
dated August 22, 2005, in which the Bureau denied Matinee’s Request for Declaratory Ruling that an
auction applicant’s eligibility for a New Entrant Bidding Credit (“NEBC”) is frozen as of the deadline for
the filing of a Form 175 in which it claims that credit and cannot be diminished or lost by the subsequent
acquisition of an attributable interest in media of mass communications by the applicant or its attributable
interest holders, and that Matinee was accordingly entitled to a 35 percent NEBC for its winning bids in
Auction 37.2 The Bureau cited both existing case precedent and Auction 37 public notices to find that the

1 The above-captioned long-form applications were filed for the five permits for which Matinee was the winning
Auction 37 bidder. Matinee seeks the difference between the 35 percent new entrant bidding credit it claims and the
amount of the bids it paid, net of a 25 percent credit. Matinee subsequently assigned the permit for KRTS(FM) to
Marfa Public Radio Corporation (File No. BAPH-20070911AAW) in 2007, and assigned the permits for KKUL-
FM, KNOS(FM), KTXO(FM), and KANM(FM) to Tango Radio, LLC, in 2008. See File Nos. BAPH-
20080808ACT (KKUL-FM), BAPH-20080808ACR (KNOS(FM)), BAPH-20080808ACS (KTXO(FM)), and
BAPH-20080808ACQ (KANM(FM)).
2 Matinee Radio, LLC, Letter, 20 FCC Rcd 13713 (MB 2005) (“Staff Decision”).

Federal Communications Commission FCC 13-20
post-filing acquisition of an attributable interest in a radio station by two of Matinee’s attributable interest
holders reduced its NEBC eligibility, and that Matinee had notice of that policy at the time that it
participated in Auction 37.
Upon review of the Application for Review and the entire record, we conclude that
Matinee has not demonstrated that the Bureau erred. The Bureau, in the Staff Decision, properly decided
the matters raised, and we uphold its decision for the reasons stated therein.
ACCORDINGLY, IT IS ORDERED that, pursuant to Section 5(c)(5) of the
Communications Act of 1934, as amended,3 and Section 1.115(g) of the Commission’s rules,4 the
Application for Review IS DENIED.
Marlene H. Dortch


3 47 U.S.C. § 155(c)(5).
4 47 C.F.R. § 1.115(g).

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