WPC~ 2 BRT w (TT)Times New Roman (TT)Times New Roman (Bold) (TT)Times New Roman (Italic) (TT)3|P (TT)HPLAS4.WRSx  @,,:$tX@2@@P Z 3|P"5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddndddddddHP LaserJet 4/4MHPLAS4.WRSXj\  P6G;,,:$tXP2>3&@~X@ Times New Roman (TT)Times New Roman (Bold) (TT)RomanTimes New Roman (Italic) (TT)"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddd<d<CCoodCCddCoCddzzzzzzzzzzCCCCozdddddddYYYYY8888dddddddndddddYd7PC2X DXP\  P6QXP.7UC2XxXU4  pQXxy.K8?X3qK\  P@QP5PC2X9EXP*f9 xQXX%y.C8*XC\  P6QP{,C8*X9,C*f9 xQXe&Cascade WPCDLL.EXEfEU؃vgT tj"5@^*7FSS$77Sq*7*.SSSSSSSSSS77qqqSffoxffxx7Jo]oxfxfS]xff]]A.AFS7SSJSJ.SS..J.xSSSSAA.SJoJJAC.CZ*7777CE7SSfSfSfSfSfSooJfJfJfJfJ7.7.7.7.oSxSxSxSxSxSxSxSxS]JfSxSxSxS]JxSfSfSfSfSoJoJoJfJfJfJxSxSxxSxSxSxSCS7S777SJoJ].]EoSoSxSofAfESASAN:*WSASSSSSS.4}}S2S}277]]S77SS7]72t7[[[[qee*C`q.wRSSn[Cfx`xWlRx[][ceIfIs`Wx[rriwge*7FSS$77Sq*7*.SSSSSSSSSS77qqqSffoxffxx7Jo]oxfxfS]xff]]A.AFS7SSJSJ.SS..J.xSSSSAA.SJoJJAC.CZ7S]SS7S777]]:S7A7o]*ASSSS.S7.Sq7SC[227`W*724S}}}Sffffffoffff7777xoxxxxxqxxxxx]fSSSSSSSoJJJJJ....SSSSSSS[SSSSSJS2| X-  V  FEDERAL COMMUNICATIONS COMMISSION  WASHINGTON, D.C. 20554 T  X-(- January 30, 1998 TPx` `  hh@hpp    yO-x` `  hh@hpp#C\  P6QP#In Reply Refer To: 0(#(#X yOU-x` `  hh@h pp 1800B2AJS  X-#XP\  P6Q DXP#Mr. Joseph J. Kane, Jr. 121 Harding Avenue Endwell, New York 13760 Majac of Michigan, Inc. c/o Kevin M. Walsh, Esq. Irwin, Campbell, and Tannenwald 1730 Rhode Island Avenue, N.W. Suite 200 Washington, D.C. 200363101 K.G. Broadcasting, Inc. c/o Harry F. Cole, Esq. Bechtel & Cole, Chartered 1901 L Street, N.W. Suite 250  X-Washington, D.C. 20036  XQ-x` `  hh@In re:hWKGBFM, Susquehanna, Pennsylvania x` `  hh@hFile No. BALH971105GK x` `  hh@hApplication for Assignment of License Dear Mr. Kane and Counsel: xThis letter concerns the abovecaptioned application for assignment of the license of station WKGBFM, Susquehanna, Pennsylvania, from K.G. Broadcasting, Inc. ("KGB") to Majac of Michigan, Inc. ("Majac"). On November 26, 1997, Joseph J. Kane, Jr. ("Kane") filed an informal objection against the subject application to which KGB filed an opposition on January 23, 1998. xKane asserts that he is a stockholder of KGB and that the agreement to sell the WKGBFM assets was allegedly entered into without a corporate resolution and in violation of corporate bylaws. Kane further alleges that the terms of the sale price were not in the best interests of the corporate stockholders. Kane has initiated litigation in local courts to resolve these issues and has asked the Commission to defer acting on the assignment application pending resolution of that litigation. x")[+[+[+P("ԌxThe question of whether the disputed sales agreement was undertaken in accordance with established corporate procedures is a private contractual matter and the Commission has consistently held that it is not the proper forum for resolving such private disputes; redress for  X-such disputes resides in local courts of competent jurisdiction. See e.g., Decatur Telecasting,  X-Inc., 7 FCC Rcd 8622, 8624 (1992); John R. Runner, Receiver, 36 RR2d 773, 778 (1976);  X-see also Listener's Guild, Inc. v. FCC, 813 F.2d 465, 469 (D.C. Cir. 1987). Further, Commission grant of an assignment application merely finds that the parties are qualified under the Communications Act, as amended, and the Commission's rules and policies. As such, it is permissive only and does not prejudice any relief that the parties may ultimately be entitled to under civil suit. xKane also alleges that KGB violated Section 73.1125(a) of the Commission's rules, 47 C.F.R. 73.1125(a), by relocating the main studio and business offices of WKGBFM from Conklin, New York, to Endwell, New York, an area located beyond the station's principal community contour. In its opposition KGB explains that it has entered into a time brokerage agreement with Majac and that the business offices of Majac are located in Endwell where Majac originates the programming broadcast on WKGBFM. However, KGB asserts that the main studio of WKGBFM remains in Conklin, that this studio is staffed by a fulltime management official, and that KGB also shares the services of another fulltime employee at the Conklin main studio, which is also the main studio of WCDW(FM). xWKGBFM has demonstrated that it has a main studio in its principal community of  X -license.  Cf. WAir, Inc., 11 FCC Rcd 9434 (Mass Media Bureau, 1995), where the licensee satisfied the main studio requirements by having one fulltime managerial and one fulltime staff person on the premises during normal business hours. Consequently, Kane's informal objection fails to raise a substantial and material question of fact warranting further inquiry. Moreover, examination of the assignment of license application establishes that Majac is qualified to be a Commission licensee, and that the proposed assignment of license would serve the public interest, convenience and necessity. xAccordingly, pursuant to 47 C.F.R.  0.283, the informal objection filed by Joseph J. Kane, Jr. IS DENIED and the application for the assignment of licensee of station WKGBFM (File No. BALH971105GK) from K.G. Broadcasting, Inc. to Majac of Michigan, Inc. IS GRANTED. x x` `  hh@hSincerely, x` `  hh@hLinda Blair, Chief x` `  hh@hAudio Services Division   x` `  hh@hMass Media Bureau  XB&-