. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .In reply refer to:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1800B3-DBLANK

ECI License Company, L.P.
c/o Brian M. Madden, Esq.
Leventhal, Senter & Lerman
2000 K Street, N.W.
Washington, D. C. 20006

Mortenson Broadcasting Company
c/o Jerold D. Miller, Esq.
Miller & Miller, P.C.
1990 M Street, N.W.
Washington, D.C. 20036

Secret Communications Limited Partnership
SFX Broadcasting, Inc.
c/o Fisher Wayland Cooper Leader & Zaragoza L.L.P.
2001 Pennsylvania Avenue, N.W.
Washington, D.C. 20006

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .In re: WDSY, Pittsburgh, PA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BAL-961021EB

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WJJJ(FM), Pittsburgh, PA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BALH-961031GK

Dear Ms. Szabo and Counsel:

This concerns the referenced applications for assignment of license of stations WDSY and WJJJ(FM), Pittsburgh, Pennsylvania (WDSY from ECI License Company, L.P. to Mortenson Broadcasting Company; WJJJ(FM) from Secret Communications Limited Partnership to SFX Broadcasting, Inc.). The applications were filed October 21, 1996 and were granted December 11, 1996. By letter dated January 7, 1997, Ms. Karen Eden Szabo filed a letter opposing grant of the sales applications until a pending sex discrimination case against WDSY and WJJJ is settled.

Ms. Szabo's objection is untimely. See 47 U.S.C. §309(d)(1) and 47 C.F.R. §§73.3584 and 73.3587. Furthermore, Ms. Szabo's objection does not meet the requirements for a petition for reconsideration. Petitions for reconsideration are controlled by 47 U.S.C. §405 and 47 C.F.R. §1.106. Section 1.106(b)(1) provides that non-parties to a proceeding may nevertheless file a petition for reconsideration where they state with particularity the manner in which their interests are adversely affected by the action taken and shows good reason why it was not possible to participate earlier in the proceeding. Ms. Szabo has not met this requirement and her objection will be denied.

Moreover, it is the Commission's policy to defer action involving individual complaints of discriminatory practices by broadcast stations to government entities and/or courts established to enforce nondiscrimination laws. The FCC does, of course, take cognizance of a final determination made by an agency or court involving a broadcast licensee. While the Commission considers

sex discrimination and other EEO complaints as part of its evaluation of a licensee's overall compliance, this evaluation is based on final agency or judicial decisions. Since no final decision has been rendered in this case, there would have been no reason to withhold action on the referenced transfer applications.

The Commission's EEO rule requires broadcast licensees to afford equal employment opportunity to all qualified persons and to refrain from discriminating in employment and benefits on the basis of race, color, religion, national origin or sex. As part of the renewal process, a licensee is required to file an EEO program which provides the Commission with an overview of the licensee's employment practices as well as detailed EEO related information. In this regard, the EEO programs and employment profiles of Pennsylvania radio stations, including WDSY/WJJJ will be reviewed with the license renewal process that will begin April 1, 1998. These EEO reviews occur with renewals, not transfer of licenses. If review reveals that deficiencies exist, the Commission will take appropriate action.
Also, the public may file petitions to deny an application for renewal of a broadcast license. Section 73.3584 of the Commission's Rules specifies that, to be timely, a petition to deny must be filed by the last day for filing a mutually exclusive application, which is 30 days before the license expires. Pennsylvania broadcast licenses expire on August 1, 1998. A petition must also present factual allegations supported by affidavits of persons with personal knowledge of the facts alleged to show that the grant would be prima facie inconsistent with our rules.

I hope this has been responsive to your concerns.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sincerely,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Linda Blair, Chief
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Audio Services Division
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mass Media Bureau