THE FOLLOWING MATTERS ARE NOTED OUT OF AN ABUNDANCE OF CAUTION: 1. ON JULY 23, 2004, ONE DAVID SMITH FILED AN INFORMAL OBJECTION AGAINST THE LICENSE RENEWAL APPLICATIONS OF SIX RADIO STATIONS IN THE STATE OF INDIANA UNDER COMMON CONTROL WITH THE ASSIGNOR. THE OBJECTION WAS BASED ON ALLEGED BROADCAST OF INDECENT MATERIAL ON COMMONLY-OWNED WKQX(FM), CHICAGO, ILLINOIS, AND ALSO ALLEGED THAT WKQX HAD ACTED IMPROPERLY IN CONNECTION WITH A LAWSUIT FILED AGAINST SMITH BY ONE ERICH MUELLER, WHO HOSTED A PROGRAM ON THE STATION. ALL OF THESE ALLEGATIONS WERE RESOLVED IN A CONSENT DECREE ADOPTED BY THE COMMISSION IN AN ORDER RELEASED AUGUST 12, 2004. THOUGH SMITH CHALLENGED THE VALIDITY OF THE CONSENT DECREE IN AN APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, THE APPEAL WAS DISMISSED BY THE COURT IN AN ORDER FILED MARCH 29, 2007 (CASE NO. 06-1381), WHICH IS FINAL. BY LETTER DATED SEPTEMBER 5, 2007, THE CHIEF, AUDIO DIVISION, REJECTED THE INFORMAL OBJECTION AND GRANTED THE LICENSE RENEWAL APPLICATIONS OF ALL THE STATIONS EXCEPT ONE, WHICH REMAINS PENDING. SMITH FILED A PETITION FOR RECONSIDERATION OF THAT DECISION, WHICH ALSO REMAINS PENDING. 2. ON NOVEMBER 1, 2004, SMITH, ET AL., FILED A PETITION TO DENY THE APPLICATION FOR RENEWAL OF LICENSE OF WKQX(FM). THE PETITION RAISED THE SAME MATTERS DESCRIBED IN PARAGRAPH 1 ABOVE, AND ALSO CLAIMED THAT KPNT(FM), STE. GENEVIEVE, MO, WHICH IS UNDER COMMON CONTROL WITH THE ASSIGNOR, ACTED IMPROPERLY IN CONNECTION WITH CORRESPONDENCE FROM THE STATION'S LOCAL COUNSEL TO ONE JULIE CORDRY, A ST. LOUIS-AREA RESIDENT, RELATING TO HER CONTACTS WITH STATION ADVERTISERS REQUESTING THAT THEY NOT ADVERTISE ON THE STATION. THE PETITION REMAINS PENDING. 3. ON JANUARY 3, 2005, MS. CORDRY FILED A PETITION TO DENY THE APPLICATION FOR RENEWAL OF LICENSE OF KPNT, RAISING THE MATTERS DESCRIBED IN PARAGRAPHS 1 AND 2 ABOVE, AND ALSO ALLEGING THAT RENEWAL SHOULD BE DENIED BECAUSE OF ALLEGED INDECENT BROADCASTS ON KPNT (RESOLVED IN THE ABOVE-REFERENCED CONSENT DECREE) AND ALLEGEDLY-OBJECTIONABLE MATERIAL ON THE STATION'S WEBSITE. THE PETITION REMAINS PENDING. THE ASSIGNOR DOES NOT CONCEDE THAT THESE MATTERS VALIDLY RAISE 'CHARACTER' ISSUES, BUT DISCLOSES THEM OUT OF AN ABUNDANCE OF CAUTION.