Federal Communications Commission
Washington, D.C. 20554
November 28, 2012
In Reply Refer to: 1800B3-VM

Ms. Myra C. Waddell
2904 Summerfield Road
Selma, AL 36701
Peter Gutrnann, Esq.
Womble Carlyle Sandridge & Rice, LLP
1200 l9 Street NW., Fifth Floor
Washington, DC 20036
Re: WBFZ(FM), Selma, AL
Irnani Cornrnun ications Corporation
Facility ID No. 81739
File Nos. BRH-201 I I2OIRAP
BRH-20120418AAD
BELSTA-20 121 003 ABN
Dear Ms. Waddell and Mr. Gutmann:
The staff has under consideration (I) a Petition for Reconsideration of Termination of Operating
Authority and Call Sign ("Petition"),' (2) the referenced applications of Imani Communications
Corporation ("Licensee") for renewal of license for Station WBFZ(FM), Selma, Alabama ("Station"), (3)
an Informal Objection to the Station's renewal application filed by Ms. Waddell on May 21, 2012, raising
issues regarding the content of the Station's broadcasts, including false statements about her character,
and (4) the referenced request for an extension of Special Temporary Authority ("STA") to operate
pending consideration of its renewal application ("STA Extension Request").
For the reasons set forth below, we grant the Petition, deem filed the December 1, 2011, renewal
application, dismiss as moot the April 18, 2012, renewal application and STA Extension Request, and
assess Licensee a 25 percent late-fee penalty charge. Furthermore, we deny Ms. Waddell's Informal
Objection, grant the December 1, 2011, renewal application, contingent on the timely payment of the
requisite penalty, and reinstate the Station's call sign.
Discussion. Timing of filing. Section 73.3539(a) of the Commission's Rules ("Rules") requires
that applications for renewal of license for broadcast stations must be filed "not later than the first day of
the fourth full calendar month prior to the expiration date of the license sought to be renewed."2 An
application for renewal of WBFZ(FM)'s license should have been filed by December 1,2011. No such
application was successfully filed, and the Station's license expired on April 1, 2012. Accordingly, on
We note that the Petition for Reconsideration incorrectly referred to the Station's call sign as WFBZ, and that it
referenced the wrong Facility ID number. The correct call sign and Facility ID numbers are as referenced here.
2 C.F.R. § 73 .3539(a).

authority to operate the Station was terminated; and (2) the Station's call letters were deleted from the
Commission's data base. Licensee was advised that any further operation of the Station was unauthorized
and must cease immediately.3
On April 18, 2012, Licensee filed a license renewal application for WBFZ(FM) and an STA
request to continue operations pending consideration of the untimely WBFZ(FM) renewal application.4
The staff granted the STA Request on April 19, 2012, and it was to expire on October 16, 2012.
Licensee timely filed a request for extension of the STA on October 3, 202, which remains pending.6
In its Petition for Reconsideration, Licensee explains that it attempted to timely file the license
renewal application for WBFZ(FM), but did not submit the requisite filing fee with the application.
Therefore, the application was never accepted for filing or processing.7 Licensee states that it has now
properly filed a second license renewal application - with the appropriate filing fee - and the STA
Request, as noted above.
We have reviewed the record in this case and the Commission's data bases, and we find that the
Licensee did in fact tender a license renewal application for WBFZ(FM) on December 1, 2011, but failed
to pay the requisite filing fee. Section 1.1116(b) of the Rules8 sets forth the procedures for processing
applications submitted without required fees. Specifically, a filer is billed the fee amount due plus a 25
percent penalty if the application is inadvertently forwarded to Commission staff for substantive review
and the discrepancy is not discovered until after 30 calendar days from receipt of the filing. Section
1 .1116(b) antedates electronic application filing, when fee processing and substantive review were
performed by separate Commission staff. Thus, under current electronic application filing procedures, the
December 1, 2011, submission was never "forwarded to Commission staff for substantive review."
Because Section 1.1116(b), both as written and as originally conceived, provides that the Commission's
recourse, once 30 days have elapsed from the date an application is submitted with no fee, is to
retroactively bill the applicant and impose the 25 percent penalty,9 we will do so here.

Letter to Imani Communications Corpora/ion (Chief, Audio Division, Media Bureau, Apr. 6, 2012).
See File No. BLSTA-20 12041 8AAF ("STA Request").
Letter to Mr. Peter Gutina;in, Esq., Ref. 1800B3 (Chief, Audio Division, Media Bureau, Apr. 19, 2012).
6See File No. BELSTA-20121003ABN.

CDBS assigned this submission the number "201! 120 IRAP." The filing fee for license renewal applications for
commercial FM stations is $175.00. See 47 C.F.R. § 1.1104.
847C.F.R. § 1.1116(b).
See Establish/ne/It of a Fee Collection Program to Implement the Provisions of the Consolidated Omnibus Budget
Reconciliation Act of 1985, Report and Order, 2 FCC Rcd 947, 957, supplemental order, 2 FCC Rcd 1882 (1987),
recomi. granted in part, 3 FCC Rcd 5987 (1988), aff'd sub nom. Brown v. FCC, 888 F.2d 898 (DC. Cir. 1989) ("On
further review, we believe that a clearer demarcation point is necessary to avoid industry confusion and uncertainty
as to the consequences of an insufficient fee payment. Generally, when applications are received, tracking

information is put into a data base. Although some bureaus and offices may enter data fast than others [sic], the
process generally takes approximately 30 days. During this same 30 day period we will expect bureau and office
staff to take a second review of the fee and enter identifying codes into the fee system. Thus, this timeframe allows
the Commission to complete its initial review of fees and return unprocessable applications before authorizations are
granted. Therefore, fee underpayments identified by Commission staff in 30 calendar days or less from the time of
receipt of the application at the Commission or Treasury lockbox bank will result in dismissal of the application and
its return to the applicant .... Underpayments identified after this time will result in a bill to the applicant that
includes a penalty charge of 25 percent of the amount due."). See also Leo/I F. Petterson, Letter, 22 FCC Rcd
14021 (MB 2007) (after 30 days, recourse when application is submitted without appropriate filing fee is to bill the
applicant retroactively for a 25% penalty).

Informal Obiection. Both petitions to deny and informal objections must, pursuant to Section
3 09(e) of the Communications Act of 1934, as amended ( "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 beprimafacie inconsistent with Section 3 09(k) of the Act,'° 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 ("Rules"); and (3) there have been no other violations which, taken together,
constitute a pattern of abuse.' If, however, the licensee fails to meet that standard, the Commission may
deny the application - after notice and opportunity for a hearing under Section 3 09(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
In her objection, Ms. Waddell states that the Station aired false statements concerning her and has
also distorted the news concerning the community of Selma. She is concerned that the Station "brings out
'the worst' in their listeners," and believes that the Station's broadcasts are racially divisive and against
the best interests of the community.
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' 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.'4 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.' We will
intervene in programming matters only if a licensee abuses that
Ms. Waddell has not
demonstrated that the Station has done so here. Moreover, allegations of defamation are outside the
Commission's jurisdiction. "Such allegations are properly the subject of private defamation actions

'° See, e.g., WWOR-TV, Inc., Memorandum Opinion and Order, 6 FCC Rcd 193, 197 note 10 (1990),
aff'd sub norn.
Garden Stale 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 arid specific factual allegations sufficient to warrant the relief requested).
''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 Sections2O4(a)
and 204(ç) of the Telecommunications Act of 1996 (Broadcast License Renewal Procedures,), Order, 11 FCC Rcd
6363 (1996).
2
U.S.C. §sS 309(k)(2), 309(k)(3).
47 U.S.C. §326.
" See WGBH Educational Foundation,
Memorandum Opinion and Order, 69 FCC 2d 1250, 1251 (1978).
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 108 1, 1082 (1972), and
Office of Communications of United Church of Christ v. FCC, 707 F.2d 1413 (D.C. Cir. 1983) (subsequent history
omitted).
' Philadelphia Station License Renevvals, 8 FCC Rcd at 6401.

[under state law], not of Commission licensing proceedings."17 Accordingly, we have no legal basis to
take action based on Ms. Waddell's allegations of false and distorted programming aired on the Station.
Conclusion/Actions. For the foregoing reasons, we deny the Informal Objection. We have
evaluated the renewal application pursuant to Section 309(k) of the Act,'8 and we find that the Station has
served the public interest, convenience, and necessity during the subject license term. Moreover, we find
that there have been no serious violations of the Act or the Rules involving the Station, or violations by
the Licensee of the Act or the Rules which, taken together, would constitute a pattern of abuse.
As discussed above, the $175.00 fee required for a license renewal application was not submitted
with the December 1, 2012, renewal application. Accordingly, pursuant to Section 1.1116(b) of the
Rules, Licensee will be assessed a penalty charge equal to 25 percent of the filing fee. Therefore,
Licensee will be billed a total of $43.75 under separate cover.
Accordingly, pursuant to Section 309(k) of the Communications Act of 1934, as amended, IT IS
ORDERED, that the license renewal application of Imani Communications Corporation for Station
WBFZ(FM), Selma, Alabama, filed on December 1, 2011 (File No. BRH-201 1 12OIRAP), IS DEEMED
FILED.
IT IS FURTHER ORDERED, that the license renewal application filed on April 18, 2012 (File
No. BRH-20 12041 8AAD) and the request for extension of STA filed on October 3, 2012 (File No.
BELSTA-20121003ABN) ARE DISMISSED AS MOOT.
IT IS FURTHER ORDERED, that the call sign WBFZ(FM) IS REINSTATED. IT IS
FURTHER ORDERED, that the December 1, 2011, license renewal application (File No. BRH20111201 RAP) IS GRANTED contingent on timely payment of the assessed penalty charge and IS
SUBJECT to rescission for failure to make a timely payment,'9

Sincere

Peter H. IJö'y5le
/
Chief, Audio Division
Media Bureau

cc: Imani Communications Corporation

' Jacor Broadcasting of Tampa Bay, Inc., Memorandum Opinion and Order, 7 FCC Rcd 1826 (MB 1992) (citing
Anti-Defamation League of B'naiB'rith, Memorandum Opinion, 4 FCC 2d 190, 191 (1966). See also Policy
Regarding Character Qualifications in Broadcast Licensing, Report, Order and Policy Statement, 102 FCC 2d 1179
(1986) (subsequent history omitted) (narrowing the range of non-FCC related misconduct to be considered when
assessing an applicant's character qualifications).
' 47 U.S.C. § 309(k).
' See 47 C.F.R. § 1.1116(b) ("Any Commission action taken prior to timely payment of these charges is contingent
and subject to rescission").

4