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FCC With Clyburn Dissent, O'Rielly Concurrance Upholds Renewal for Station That Broadcast on Expired License

The FCC upheld a Media Bureau decision granting a license renewal to a New Jersey radio station that allowed its license to expire in 2006 and continued broadcasting, not filing a renewal until 2010, said an order in Wednesday's Daily…

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Digest. Atlantic City Board of Education filed for renewal of WAJM(FM) Atlantic City after Press Communications filed for a modification of spacing rules for its WBHX(FM) Tuckerton Press said spacing rules didn't protect WAJM since it had allowed its license to expire, but the bureau ruled otherwise. The FCC said in the order Tuesday that commission precedent supported granting a renewal to stations that allowed their licenses to expire. Commissioner Mignon Clyburn dissented from the vote, and Commissioner Mike O'Rielly concurred, saying the FCC is applying different standards to wireless and broadcast licensees. The FCC “consistently has allowed broadcast station licenses to be renewed even when the license term expired long before the renewal application was filed,” O'Rielly said in a statement issued with the order. “This seems inappropriate and problematic: we ought not have different standards for deadlines based on the service being offered and we ought not allow late filings.”