lOla JAN 16 PM 2:03

Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, DC 20554

In the Matter of
KUDL(FM), Sacramento, CA

Facility ID No. 57889
File No. BRH-20050728ATP
File No. BRH-20130730ANC

KRXQ(FM), Sacramento, CA

Facility ID No. 20354
File No. BRH-20050728AUQ
File No. BRH-20130730AN1

KSEG(FM), Sacramento, CA

Facility ID No. 11281
File No. BRH-20050728ATX
File No. BRH-20130730ANK

KKDO(FM), Fair Oaks, CA

Facility ID No. 57889
File No. BRH-20130730AND

KIFM(AM), Sacramento, CA

Facility ID No. 67848
File No. BR-20130730ANG

ACcEP1!fl/Flli!)
JAN 11 2O1

To: The Commission

dmmunoj
eof the Secretay
OPPOSITION OF ENTERCOM LICENSE, LLC
TO APPLICATION FOR REVIEW
Entercom License, LLC ("Entercom") hereby opposes the Application for Review' filed
by Edward R. Stolz II of the November 21, 2017 Letter Order dismissing Mr. Stolz's third
Petition for Reconsideration in this proceeding.2

1 Application for Review of Edward R. Stolz II (Dec. 27, 2017) ("AFR").
2 See Letter to Dennis J. Kelly, Esq., Counsel for Mr. Stolz, from Peter H. Doyle, Chief, Audio Division,
Media Bureau, Reference No. 1800B3-ATS (Nov. 21, 2017); Broadcast Applications, Public Notice,
Report No. 29119, at 8-22 (rd. Nov. 27, 2017), https:/!apps.fcc.gov/edocs public/attachrnatch/DOC347922A I .pdf (announcing the dismissal of the Petition for Reconsideration filed by Mr. Stolz on Oct.
11, 2017 against the dismissal of his second Petition for Reconsideration in this proceeding) (collectively
"November 21, 2017 Letter Order"); see also Entercom Sacramento License[J, LLC, Letter, 32 FCC Rcd
6880 (MB 2017) ("September11, 2017 Letter Order") (dismissing Mr. Stolz's second Petition for
Reconsideration, filed on Feb. 17, 2017).

An application for review will be granted only if the staff action is in conflict with
statute, regulation, precedent, or established Commission policy; involves a new question of law
or policy; involves the application of a precedent or policy that should be overturned or revised;
is premised upon an erroneous findings as to an important or material question of fact; or
involves prejudicial procedural error.3 The AFR identifies three issues but fails to identify any
factual, legal, or procedural error on the part of the Bureau in connection with these issues and
thus should be denied.
Regarding Issue (a), as the Bureau correctly stated in the September 11, 2017 Letter
	Order, "'property ownership without residency is not a reliable indicator of radio listenership'
and will not confer party in interest status."4 Further, any economic harm or aggrievement
claimed by Mr. Stolz is purely hypothetical. He has repeatedly failed to demonstrate that he is
currently a competitor in the stations' market and lacks the direct competitive injury or likely
financial injury required to assert such standing.5 The AFR merely disagrees with the outcome
of these previous and well-reasoned rulings without demonstrating any cognizable errors in the
November 21, 2017 Letter Order or the previous Bureau decisions (or the Commission decisions
on which they rely) and the AFR thus should be denied as to Issue (a).
In connection with Issues (b) and (c), the AFR does not even acknowledge let alone
dispute the Bureau's express reliance on the language of Section 309(k) and related Commission
347C.F.R. § 1.115(b).
' September 11, 2017 Letter Order, 32 FCC Red at 6883 (citing Entercom License, LLC (KDND(FM)),
Hearing Designation Order and Notice of Opportunity for Hearing, 31 FCC Rcd 12196, 12206 ¶ 23
(2016)).
September 11, 2017 Letter Order, 32 FCC Red at 6883 (citing Entercom License, LLC (KDND(FM)),
Memorandum Opinion and Order, 32 FCC Red 7149, 7152 ¶ 11(2017) ("KDND MO&O") ("Stolz is not
currently the licensee of KUDL(FM), but has merely appealed approval of the assignment of KUDL(FM)
from him to Entercom. Stolz's claim of economic injury as a competitor of KDND(FM) thus rests on the
speculative assumption that Stolz will succeed in persuading the D.C. Circuit to overturn the assignment,
not on any current status as a competitor.")).

2

	

precedent,6 and thus it fails to demonstrate any factual, legal, or procedural error on these issues
as well. Nor can the AFR demonstrate such error; the Commission has repeatedly and correctly
ruled that the clear and explicit language of Section 309(k) "limits the scope of the 'violations'
to the station for which license renewal is being considered."7 Thus, the conduct of
KDND(FM) is not before the Commission in this proceeding and the AFR should be denied as to
Issues (b) and (c) also.
For the reasons set forth above, the Commission should deny the Application for Review.
Respectfully submitted,
ENTE1oM L1CEN$E,LLC

avid H. Solomon
J. Wade Lindsay
Danielle K. Thumann

Jane E. Mago
Special Counsel
ENTERCOM COMMUNICATIONS CORP.
4154 Cortland Way

Naples, FL 34119
703.861.0286

WILKINSON BARKER KNAUER, LLP
1800 M Street NW, Suite 800N
Washington, DC 20036
202.783.4141
Steven A. Lerman
LERMAN SENTER, PLLC

2001 L Street, NW, Suite 400
Washington, DC 20036
202.429.8970
Its Attorneys

January 11,2018

6 See AFR at 5-7. It is incumbent upon Mr. Stolz to raise his objections in a meaningful way - the
Commission is not required to scour the history of this matter to identify his arguments. See Wash. Ass 'n
for Television and Children v. FCC, 712 F.2d 677, 681 (D.C. Cir. 1983); Fones4all Corp. v. FCC, 550
F.3d 811, 819 (9th Cir. 2008) (explaining that the issue must be "meaningfully raised"); Petition of Core
Communications, Inc., Memorandum Opinion and Order, 22 FCC Rcd 14118, 14125 ¶ 13 & n.48 (2007).
September 11, 2017 Letter Order, 32 FCC Rcd at 6883 (citing 47 U.S.C. § 309(k) and Sagittarius
Broadcasting Corp., Memorandum Opinion and Order, 18 FCC Rcd 22551, 22555 ¶ 8 (2003)); see also
KDND MO&O, 32 FCC Rcd at 7153 ¶ 13; Entercom License, LLC (WAAF(FM) et al), Memorandum
Opinion and Order, 31 FCC Rcd 12034, 12036 n.13 (2016).

3

CERTIFICATE OF SERVICE
I, Luciana Jhon, do hereby certify that, on this 11th day of January, 2018, the foregoing
Opposition of Entercom License, LLC to Application for Review was served by first class mail,
postage prepaid, on the following persons:
Dennis J. Kelly
Law Office of Dennis J. Kelly
Post Office Box 41177
Washington, DC 20018
Counsel for Edward R. Stolz II
Roger D. Smith
6755 Wells Avenue
Loomis, CA 95650

Michael Couzens
6536 Telegraph Avenue, Suite B201
Oakland, CA 94609
Counsel for Media Action Center and Sue
Wilson