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The U.S. Court of Appeals has upheld a decision that prevents the owner of a Fredonia radio station from renewing his license or selling the station.

Henry Serafin, the owner of WBUZ-AM, said did not know whether he would continue fighting to keep his station.

"I'm in shock right now," he said. "I have to take a day or two to think this thing out."

He said he was considering asking the appeals court for a rehearing.

Another option would be an appeal to the U.S. Supreme Court.

The Federal Communications Commission ruled in March 1989 that Catoctin Broadcasting Corp., owned by Serafin, could not renew its license for WBUZ.

The station was charged with bias in employment, conducting two fake promotional contests and lying to the commission.

Serafin appealed that decision to the U.S. Court of Appeals, which upheld the FCC in a ruling handed down Thursday.

"We defer to the commission's expertise and judgment," a three-judge panel on the appeals court wrote.

The complainants in the case were the Chautauqua County Rural Ministry, the Dunkirk Chapter of the National Association for the Advancement of Colored People and the Dunkirk-Fredonia Chapter of the League of Women Voters.

They charged Serafin with discriminating against a black woman who had applied for a job at WBUZ eight years ago.

The three groups said Serafin had called the woman's employment agency and asked, "Don't you have any white girls to send me?" adding that the woman "would make charcoal look white."

The FCC also said Serafin had lied to the commission and held a contest in which he kept the prize.

In running a contest at the station in 1982, Serafin also allegedly kept the grand prize, a stereo system, for himself, and gave another prize, a trip to Niagara Falls, to a favored advertiser.

In addition, Serafin repeatedly refused to make Catoctin's public file available to citizens.

The file contains a station's filings with the FCC and citizen complaints.

Only about 100 stations have lost their licenses at renewal since the FCC was founded in 1934.

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