WPC 2BJ Z Courier3|x BoldTimes New Roman@`7X@HP LaserJet 4M Rm. 344 LPT2:332HL4MPCAD.PRSx  @\![X@26XK1oKCourierCourier Bold<?xxx,>x6X@`7X@?xxx,x `7X7jC:,9Xj\  P6G;XP7nC:,%|Xn4  pG;X"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd2A : KZQKCourierCourier BoldTimes New RomanTimes New Roman Bold"i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDddddddx6X@`7X@?xxx,x `7X*7jC:,9Xj\  P6G;XP)7nC:,%|Xn4  pG;X\+5hC:,:2Xh*f9 xr G;XX,W!@(#,h@\  P6G;hP<R&HHH,>K,H6X@`7h@"i~'^#)0<x6X@`7X@?xxx,x `7X*7jC:,9Xj\  P6G;XP)7nC:,%|Xn4  pG;X\+5hC:,:2Xh*f9 xr G;XX,W!@(#,h@\  P6G;hP<R&HHH,>K,H6X@`7h@y.X80,X\  P6G;Pd before closing the dialogDelete item ^0 from the list?Window registration failannot register clipboard formats Bytes Directory Q&uick List:2 X' "J  ` `  #Xj\  P6G;9XP#FEDERAL COMMUNICATIONS COMMISSION  X'+Washington, D.C. 20554 ă  V4` `  hhCqppIn reply refer to: ` `  hhCqpp1800B1JD Timothy K. Brady, Esq. 7113 Peach Ct. Suite 208 P.O. Box 986 Brentwood, Tennessee 370270986 Mr. Ed Perkins 721 Paris Avenue McKenzie, Tennessee 38201  X 4` `  hhCqRe: Southwind Communications, Inc. ` `  hhCqSuMat Broadcasting, Inc. ` `  hhCqWHDM(AM), McKenzie, Tennessee ` `  hhCqFile Nos. BAL961028EA ` `  hhCqpp BR960401KH  X4Gentlemen:` ` This letter refers to: (1) the abovecaptioned application for the assignment of the license of WHDM(AM), McKenzie, Tennessee from Southwind Communications, Inc. (Southwind) to SuMat Broadcasting, Inc. (SuMat), (2) Ed Perkins's informal objection to that application, and (3) Southwind's application for renewal of the station's license. We have given this case expedited consideration as requested by the applicant because WHDM is a silent station and the assignee seeks to return the station to the air before the station's license is forfeited pursuant to the silent station provision of the Telecommunications Act of 1996. WHDM went silent on April 1, 1995 and its permission to remain silent extends  X74through February 8, 1997. All station authority will cease as a matter of law if the broadcast  X 4operations do not resume on or before February 8, 1997. See 47 U.S.C. 312(g); Order,  X 4Silent Station Authorizations, FCC 96218 (May 17, 1996). For the reasons set forth below, we grant the applications for assignment and renewal and dismiss the informal objection. We approved an involuntary transfer of control of WHDM from Richard Bennett (deceased), Southwind's 99 percent shareholder, to Martha Bennett, Executrix for the Estate of Richard Bennett, on May 1, 1996. Martha Bennett is president, secretary and director of Southwind and is the sole officer, director and shareholder of SuMat. The subject assignment application between Southwind and SuMat would assign WHDM's license and studio lease to SuMat for $1 (one dollar). Mr. Perkins initially objects to the proposed assignment, stating that it would contravene Commission policy forbidding the sale of a bare license because he, through a tax sale, owns all of the station's equipment. Commission policy prohibits the assignment of a"(0*0*0*&"  X4bare broadcast license for consideration. Edward B. Mulrooney, 13 FCC 2d 946, 947 (1968).  X4The reason for this policy is to prevent speculation in broadcast licenses and to encourage  X4prompt initiation and resumption of broadcast operations. We will however allow a license transfer along with the sale of other station assets. In the present application for assignment, Southwind proposes to transfer the license for $1 consideration accompanied by the station  X4studio lease.h O4ԍ#X\  P6G;P#Martha Bennett and Southwind entered into a fiveyear lease for the station studio on October 1, 1996. Section 6 of the lease states that the lessee, Southwind, may assign the lease in whole or in part without consent  yO'of the lessor, Martha Bennett.#x6X@`7>X@#т This small monetary amount is not indicative of speculation. We recognize that only the station studio lease, not any equipment owned by the petitioner, is included in the transfer. However, we find this asset sufficient to rebut the claim of a bare license transfer. The Commission has not considered the license bare if the licensee can assign its rights to the  X14accompanying station facilities under a lease to the buyer. American Music Radio and  X 4KHYM, Inc., 10 FCC Rcd 8769, 8772 (1995); Public Service Enterprises, Inc., 69 FCC 2d  X 4967, 97273 (1978). We have cited physical assets transferred to the assignee separate from  X 4the license (Arecibo Radio Corp., 101 FCC 2d 545, n. 12 (1985)) and the presence of rights  X 4and commitments in addition to the license (KPAL Broadcasting Corp., 28 FCC 2d 46, 48 (1970)) as sufficient to outweigh allegations of a bare license sale. A sale involving only a station studio lease is most akin to the presence of commitments in addition to the license as  X4in KPAL. We also take into consideration SuMat's commitment to return the station to air expeditiously. Specifically, SuMat states that even if Mr. Perkins is unwilling to lease the equipment currently on site, it is ready and able to purchase any equipment necessary and put the station back on the air before the February 8, 1997 statutory deadline. The applications are granted with the condition that SuMat returns WHDM to the air by that deadline.  X4Mr. Perkins further states in his informal objection that the proposed license assignment is inappropriate because it would permit the licensee to avoid financial obligations owed him. Mr. Perkins states that he holds a security agreement and promissory note from Southwind, but that Southwind has failed to make payments on the note. A decision to grant the license renewal and assignment applications would not prejudice Mr. Perkins from seeking resolution of contractual agreements between himself and Southwind in an appropriate state tribunal. Private contractual matters, like those on which Mr. Perkins relies, are most  X74appropriately considered by state courts, not the Commission. See John F. Runner, Receiver, 36 RR 2d 773, 778 (1976). Accordingly, Ed Perkins's informal objection to the Application for Assignment of License IS DENIED. Further, having found the parties qualified and that the grant of the applications would serve the public interest, Southwind Communications Inc.'s application for renewal of WHDM(AM)'s license and the Application for Assignment of WHDM(AM)'s license from Southwind Communications, Inc. to SuMat Broadcasting, Inc. ARE GRANTED WITH APPROPRIATE CONDITIONS including that the station return to the air on or before February 8, 1997. Failure to return to the air by that date will result in the automatic"h$0*0*0*"" forfeiture of the station's license. ` `  hhCqppSincerely,   ` `  hhCqpp ` `  hhCqppLinda B. Blair, Chief ` `  hhCqppAudio Services Division ` `  hhCqppMass Media Bureau   "J