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                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C.  20554

     In reply refer to:
     1800B3-AJ/PHD

Brian P. Spencer
Spencer Broadcasting
3102 Bay Avenue
Hoquiam, Washington  98550

John Wells King, Esq.
Haley Bader & Potts P.L.C.
4350 North Fairfax Drive, Suite 900
Arlington, Virginia 22203-1633

Steven R. Meeks, Esq.
Meeks Morgan & Bauer
1235 Fourth Avenue East, Suite 200
Olympia, Washington 98506

     Re:   KCPL(AM), Olympia, WA
     File No. BAPL-960111EX

Gentlemen:

     The staff has under consideration an application (the "Application") to assign the
license of Station KCPL(AM), Olympia, Washington from National Communications, Inc.
("National") to Spencer Broadcasting ("Spencer").  Tim and Myong Bartz (the "Objectors")
filed an informal objection to the Application dated February 2, 1996.  For the reasons set
forth below, we deny the informal objection and grant the Application.

     The Objectors contend that National is their judgment debtor pursuant to Cause No.
95-2-03585-7, Thurston County Superior Court, Washington.  They request that the
Commission condition the grant of the Application on the payment of the KCPL(AM) station
sale proceeds to the local court.  The Objectors do not raise any issue regarding the
qualifications of Spencer.  Rather, they argue that following Arecibo Radio Corporation., 101
FCC 2d 545 (1985) ("Arecibo"), the Commission should take steps to ensure that the sale
proceeds are used to satisfy a valid state court judgment.

     The Objectors' reliance on Arecibo is misplaced.  The Commission is obligated to
reconcile its policies under the Communications Act of 1934, as amended (the "Act"), 47
U.S.C.  151 et seq., with other federal and state laws designed to protect creditors.  O.D.T
International, 9 FCC Rcd 2575, 2576 (1994) (citing LaRose v. FCC, 494 F.2d 1145 (D.C. Cir.
1974).  In Arecibo, the Commission granted an assignment application to permit a broadcast
license to accompany the station's physical assets which had been sold at a court-ordered
public auction.  In this case, the objectors fail to demonstrate that an unconditional grant of
the Application would infringe on the local court's jurisdiction or constitute less than a "fair
accommodation between [the Commission's] exclusive authority over licensing matters and
the authority of state and local courts."  Arecibo, 101 FCC 2d at 548.

     The Commission's grant of the Application is based upon the finding, pursuant to
Section 310(d) of the Act, that the consummation of the proposed license assignment would
serve the public interest.  Absent a showing connecting the requested condition to the
Commission's core statutory responsibilities, it is inappropriate to use the Commission's
licensing procedures to resolve contractual disputes or, as here, to provide relief to which an
objecting party claims it is entitled as a judgment creditor. See John F. Runner, Receiver, 36
RR 2d 777, 778 (1975); Transcontinent Television Corporation, 21 RR 2d 945, 956 (1961). 
Finally, we note that grant of the Application does not "preclude interested parties from
seeking recourse in other forums for any injunctive or monetary relief which they believe they
are entitled to."  Sonderling Broadcasting Co., 46 RR 2d 889, 895 (1979).

     Accordingly, we DENY the February 2, 1996 informal objection of Tim and Myong
Bartz and GRANT the application (File No. BAPL-960111EX) to assign the license of
KCPL(AM), Olympia, Washington from National Communications, Inc. to Spencer
Broadcasting.

     Sincerely,



     Linda Blair, Chief
     Audio Services Division
     Mass Media Bureau

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