WPCB( 2?BJZECourier3|j#Xj\  P6G;9XP#HP LaserJet 4M (PCL) (Add) room 324HL4MPCAD.PRSx  @\"RvX@ X-#Xj\  P6G;9XP#2,qKXCourierTimes New Roman"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$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd<?xxx,ix6X@`7X@7jC:,9Xj\  P6G;XP \$ 2^ ^KnK Z 3|n"i~'^09]SS999S]+9+/SSSSSSSSSS99]]]Sxnxxng?Snxgx]nxxxxn9/9aS9S]I]I9S]/9]/]S]]I?9]SxSSIC%CW9+Wa999+999999S9]/xSxSxSxSxSxxInInInInI>/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""This letter concerns: (1) the abovereferenced application to assign the licenses of stations  xKFPW(AM) and KBBQFM, Fort Smith, Arkansas from George T. Hernreich ("Hernreich") to  XN- xHernreich Radio Stations, Inc. ("HRS"),_XNh yO- xԍ The proposed assignor George T. Hernreich, who currently owns 100% of the two stations, would jointly hold  x100% of the shares of the proposed assignee corporation, Hernreich Radio Stations, Inc., with Johnnie Hernreich (his wife) upon grant and consummation of the assignment. _ and (2) the petition to deny filed jointly by Robert  X7- xHernreich and Cynthia HernreichBeller ("petitioners") dated September 26, 1997. 7h yO!- xԍ George Hernreich filed an Opposition to Petition to Deny dated October 9, 1997. Robert Hernreich and  x Cynthia HernreichBeller filed a joint Reply to Opposition to Petition to Deny dated October 17, 1997. Additionally,  x;George Hernreich filed a Request for Judicial Notice Regarding Reply to Opposition to Petition to Deny on October 23, 1997, which we dismiss as an unauthorized pleading pursuant to 47 C.F.R.  1.45(c).  For the reasons discussed below, we deny the petition and grant the assignment application.  X- xPetitioners allege that Hernreich was mentally incapacitated and acting under undue influence at  xthe time that he signed the application, and that therefore, the application is void because the  xsignature is invalid. They claim that their father, Hernreich, has repeatedly stated that upon his  xjdeath the stations will be inherited by his children and grandchildren because he is leaving the  xstations to them in his will. According to petitioners, he continues to insist that such will be the  xcase, even since signing the application. However, they allege that Hernreich does not understand"#,,,""  xthat the present application if granted, would vitiate that bequest because the assignment would  xresult in the corporate stock of the two stations being held jointly by Hernreich and Johnnie  xHernreich, his wife and the petitioners' stepmother, and that upon his death she would own the  xstations. Petitioners assert that Hernreich's memory loss, including his alleged inability to recall  x>signing the application unless reminded of it, is indicative of his mental incapacity and that  xJohnnie Hernreich, as Hernreich's primary caregiver, exerts undue influence over him, taking advantage of his advanced age.  xIn his Opposition, Hernreich challenges the standing of petitioners. He also argues that the  xkCommission is not the proper forum to adjudicate the private interest of petitioners' claim of "potential inheritance" or to determine mental competency.  X -  X - x\Discussion: Assuming arguendo that the petitioners have standing to object to the instant  xassignment application, we find that their unsupported and conclusory allegations that Hernreich's  xalleged memory loss is indicative of his mental incapacity fail to establish a prima facie case that  xgrant of the application would not serve the public interest. We also note that, in any event, the  X- xcontroversy at issue is in essence a private dispute over the potential inheritance of the stations  xand Hernreich's mental capacity. It is well settled that, "controversies which do not reflect upon  xthe qualifications of a Commission licensee are best left to the local courts for resolution."  XM- xWyman W.C. Lai, Trustee, 9 FCC Rcd 2575, 2576 (1994); Sonderling Broadcasting Co., 46 RR  x2d 889, 894 (1979) (refusing to defer action on transfer of control application pending resolution  xof a private contractual dispute for which remedies were available under state law). We note,  xhowever, that the approval of an assignment application merely authorizes the parties to proceed  xZwith the transaction and is not intended to prejudice any relief to which the parties may ultimately  xbe entitled or to foreclose the Commission from taking appropriate action in accordance with any future court action.  xAccordingly, IT IS ORDERED that the Petition to Deny the assignment application for  xKFPW(AM) and KBBQFM, Fort Smith, Arkansas filed jointly by Robert Hernreich and Cynthia  xHernreichBeller, IS HEREBY DENIED. IT IS FURTHER ORDERED that, having found the  x>parties qualified, the application to assign the licenses of KFPW(AM) and KBBQFM, Fort  xzSmith, Arkansas from George T. Hernreich to Hernreich Radio Stations, Inc. (File Nos. BAL970820ED and BALH970820EE) IS GRANTED. x` `  hh@hSincerely, x` `  hh@hLinda Blair x` `  hh@hChief, Audio Services Division