Scott Fybush scott@fybush.com
Fri May 13 11:10:27 EDT 2005

>In any event, the CP has been granted....and the subject is moot.
>However, there's no telling what a petition to deny might have brought to
>this situation.
>Usually it depends on the resolve and financial resources of those pursuing

I think we're getting closer to agreement on this - except for one point: 
there WERE petitions to deny, and they were denied, as they should properly 
have been.

And keep in mind that if worse had come to worse, there would have been 
nothing preventing what I'll call the "nuclear option," with apologies to 
Capitol Hill: the parties involved could have withdrawn the WNSH 
application, THEN returned the WPEP license for cancellation (which is not 
something that can have a petition to deny filed against it - there's 
nothing to prevent a licensee from deciding to no longer be a licensee). 
The WNSH app could then have been re-filed, and how could any objection 
stand against it at that point, given that the Taunton license would then 
have ceased to exist. (And in the absence of another filing window for new 
AMs/major changes, there's no way anyone could refile for the Taunton 
facilities in the meantime.)

Not saying it would have been the nicest thing to do - but as an "FCC geek" 
of high standing (though not, as Joseph points out, a lawyer), this is 
sometimes how it's done when push comes to shove.


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