Broadcasting Telecasting (Apr - Jun 1952)

substituting Channel 11 in Alpena, Michigan, for Channel 9; substituting Channel 8 in Iron Mountain, Michigan, for Channel 9, and substituting Channel 9 in Traverse City, Michigan, for Channel 5. Station WJIM-TV is presently operating on Channel 6 in Lansing, Michigan. The Booth Radio and Television Stations, Inc., counterproposal would make the following changes in the assignments proposed in the Third Notice: filed by Picture Waves, Inc., Columbus, Ohio; WJIM, Inc., Lansing, Michigan; Indiana Technical College, Fort Wayne, Indiana; National Broadcasting Company, Inc., Chicago, Illinois;102 and Trebit Corporation, Flint, Michigan. The Booth countex-proposal is also mutually exclusive with the counterproposal of Music Broadcasting Company, Grand Rapids, Michigan, and Bay Broadcasting Company, Bay City, Michigan. City Third Notice Proposed Changes Detroit. Mich. 2,4,7 Windsor, Ontario 9 Lansing, Mich. 6 Iron Mountain, Mich. 9 Alpena, Mich. 9 Traverse City, Mich. 5 (i) Statement in Support of Booth Radio and Television Stations, Inc. Booth Radio and Television Stations, Inc., urged that the assignment of VHF Channels 6 and 9 to Detroit would afford Grade A and B service to a substantial population and area. It was contended that such assignments are needed since Detroit is the fastest growing metropolitan area among the five largest cities in the nation; and that additional television facilities are required for the large foreign speaking population in the Detroit area. (j) Channel 6 at Detroit would be 163 miles from the co-channel assignment at Columbus, Ohio. Channel 5 at Lansing, as proposed by Booth, would place Station WJIM-TV 170 miles from existing Station WNBQ operating on Channel 5 in Chicago. (k) Conflicting Counterproposal and Oppositions to the Booth Radio and Television Stations, Inc. Counterproposal. Oppositions to the Booth counterproposal have been 50,*56,62 32,38 54 '"-Booth Radio and Television Stations, Inc., filed a Motion to Strike testimony filed on behalf of National Broadcasting Company, Inc. In its sworn statement opposing the Booth counterproposal filed with the Commission on September 19, 1951, NBC had noted that its Station WNBQ is licensed to operate on Channel 5 in Chicago. NBC stated that it, therefore, opposed the Booth counterproposal which would require moving WJIM-TV in Lansing, Michigan, from its present operation on Channel 6 to Channel 5. NBC urged that the operation of Channel 5 in Lansing would cause interference to Channel 5 in Chicago, and that such counterproposal violates the minimum co-channel assignment spacings. Booth moved to strike this opposition, contending that NBC did not file an opposition to the May 7, 1951, Comment of Booth advancing the counterproposal and that, therefore, under the terms of the Order of Hearing Procedure, issued in this proceeding, NBC is precluded from now offering such an opposition. In the alternative, Booth has filed a rebuttal to the NBC statement. On October 22, 1951, NBC filed an opposition to the Motion to Strike of Booth, noting that NBC had filed Comments on May 7, 1951, supporting the Commission's proposed assignments listed in the Third Notice. Further, NBC argued that since this was in conflict with the counter-proposal of Booth, it was not necessary to file an opposition to insure the right to crossexamine Booth. Paragraph 6 of the Order of Hearing Procedure, issued on July 25, 1951, in this proceeding states that . . . "parties whose comment filed in these proceedings on May 7, 1951, were by their terms in conflict with other comments, will be entitled to file sworn statements or exhibits in accordance with subparagraph 5c above, even though specific oppositions directed to such other comments have not been filed." In view of the foregoing, the Motion to Strike is DENIED. However, the rebuttal of Booth is accepted and has been considered by the Commission in the proceeding. (1) Counterproposal of WJR, The Goodwill Station, Inc. A counterproposal has been filed by The Goodwill Station, Inc., requesting the additional assignments of VHF Channel 6 and UHF Channel 22 to Detroit. In order to assign Channel 6 to Detroit, Channel 10 would be substituted in Lansing, Michigan, for Channel 6. WJIM-TV is presently operating in Lansing on Channel 6. In order to assign Channel 22 to Detroit, Channel 18 would be substituted in East Lansing, Michigan for Channel 60, Channel 46 substituted in Flint, Michigan, for Channel 22, Channel 60 substituted in Ludington, Michigan, for Channel 18, and Channel 37 substituted in Cadillac, Michigan for Channel 45. The WJR counterproposal would make the following changes in the assignments proin the Third Notice: Canada. Channel 6 at Detroit, as proposed by WJR, would be 163 miles from the co-channel assignment at Columbus, Ohio, Channel 10 at Lansing, as proposed by WJR would be 169 miles from the cochannel assignment at London, Ontario, and 171 miles from the co-channel assignment at Milwaukee, Wisconsin. 103 (o) Conflicting Counterproposals and Oppositions to the Counterproposal of WJR, The Goodwill Station, Inc. Oppositions and conflicting proposals were filed by the following parties: Music Broadcasting Company, Grand Rapids, Michigan; Michigan State College, East Lansing, Michigan; The Trebit Corporation, Flint, Michigan; WJIM, Inc., Lansing, Michigan; Picture Waves, Inc., Columbus, Ohio; Quad-City Broadcasting Company, Moline, Illinois; Logansport Broadcasting Corp., Logansport, Indiana, and Owensboro On The Air, Inc., Owensboro, Kentucky; Twin Valley Broadcasting Company, Coldwater, Michigan; and Saginaw Broadcasting Co., Saginaw, Michigan. Conclusions: The Educational Reservation in Detroit 479. The Board of Education of the City of Detroit has requested the assignment of VHF Channel 11 to be reserved in Detroit for non-commercial educational use. However, in order to accomplish this assignment, VHF Channel 11 must be deleted from Toledo, and VHF Channel 12 shifted from Flint to Bay City-Saginaw. We do not believe that these proposed changes are warranted in order to provide a fourth VHF channel City Third Notice Proposed Changes Detroit, Mich. 2,4,7 Lansing, Mich 6 East Lansing, Mich. Flint, Mich. 12 Lubington, Mich. Cadillac, Mich. (m) Statement in Support of WJR, The Goodwill Station, Inc. Counterproposal. WJR, The Goodwill Station, Inc., urged that the Commission's proposal assigning three VHF channels and three UHF channels to Detroit, the fifth largest metropolitan area in the United States, violates Section 307(b) of the Communications Act. It was contended that Detroit would receive no more channels than would be received by metropolitan areas which are smaller than Detroit; and that in some instances, Detroit would receive fewer channels than several smaller metropolitan areas. It was also urged that the Commission's assignments in Detroit are unlawful since under the currently effective assignment Table, 4 VHF channels are assigned to Detroit, and the Commission's proposal in the Third Notice assigning only 3 VHF channels was made after a consolidated hearing on the competing applications of WJR and the United Detroit Theatres Corporation for the one remaining unassigned VHF channel in Detroit. (n) Channel 18 at East Lansing, as proposed by WJR, The Goodwill Station, Inc., would be 164 miles from the co-channel assignment at London, Ontario. In addition, Channel 46 in Flint, as suggested by WJR, would be 61 miles from the assignment of Channel 32 at Windsor, Ontario, 16,*22,28 18 45 22t,50,*5tt,62 54 18f 16,28,*46t 60f 37f to Detroit. Toledo is a metropolitan area with a population of 396,000 and has a city population of 304,000. Flint has a metropolitan area population of 271,000 and a city population of 163,000. Under the Third Notice two VHF and one UHF channels were proposed for Toledo, with the UHF channel reserved for non-commercial educational use, and one VHF and three Page 56 • April 14, 1952 Part II Final TV Report «On February 27, 1952, WJR, The Goodwill Station, Inc., filed a petition for leave to file a late supplemental sworn statement "for the purpose of submitting newly discovered evidence." It was noted that in its comments and prior sworn statement filed in this proceeding, WJR had contended that a transmitter site could be found in Detroit that would provide a 170-mile transmitter to transmitter separation between Detroit and Columbus, Ohio, so as to permit the operation of Channel 6 in both cities. In its petition WJR asserts that it "has only recently located [such] a site," and therefore, requests leave to file a supplemental statement concerning the details of this site. Oppositions to the WJR petition have been filed by the Twin Valley Broadcasters, Inc., Coldwater, Michigan; Picture Waves, Inc., Columbus, Ohio; Michigan State College, East Lansing, Michigan; Bay Broadcasting Company, Bay City, Michigan; Saginaw Broadcasting Company, Saginaw, Michigan, and WJIM, Inc., Lansing, Michigan. The time for filing sworn statements by WJR, as specified in the Order of Hearing Procedure issued in this proceeding, has expired. Furthermore, we are of the view that evidence concerning specific transmitter sites is irrelevant and immaterial in this proceeding for the purposes offered by WJR. Accordingly, the petition of WJR, The Goodwill Station, Inc., is DENIED. UHF channels for Flint, with one of the UHF channels reserved for non-commercial educational use. The Board of Education counterproposal would, deprive Flint of its only VHF channel and would leave Toledo with only one VHF assignment. In view of the foregoing, the counterproposal of the Board of Education of the City of Detroit is denied. However, the reservation of UHF Channel 56 in Detroit for non-commercial educational use is finalized. Conclusions: Additional Assignment of UHF Channel 22 480. In order to assign UHF Channel 22 to Detroit, WJR, The Goodwill Station, Inc., suggested, among other changes, that UHF Channel 18 be assigned to East Lansing at a distance of 164 miles from the co-channel assignment at London, Ontario. In addition, Channel 46 at Flint would be 60 miles from the assignment of Channel 32 at Windsor, Ontario. The request to assign Channel 22 to Detroit must be denied for the reasons set forth above in the discussion of United States-Canadian assignments. Conclusions: Additional VHF Assignments 481. Booth Radio and Television Stations, Inc., requested the assignment of VHF Channel 9 in Detroit to be accomplished by shifting this channel from Windsor, Ontario, and substituting a UHF channel in the Canadian city. The Booth request for Channel 9 must be denied for the reasons set forth above in the discussion of United States-Canadian assignments. 482. With respect to VHF Channel 6, this channel at Detroit would be only 163 miles from the co-channel assignment at Columbus, Ohio, where Station WTVN is operating. The assignment of Channel 6 to Detroit would therefore be in violation of the minimum separation requirements adopted herein and for this reason the WJR request must be denied. In addition, the assignment of Channel 10 at Lansing as suggested by WJR. The Goodwill Station, Inc., in order to assign Channel 6 to Detroit, would be 170 miles from the co-channel assignment at London, Ontario. The WJR request must be denied for the reasons stated in the discussion of United States-Canadian assignments. Booth Radio and Television Stations, Inc., counterproposal conflicts with the counterpi-oposal of Bay Broadcasting Company which requested the assignment of Channel 5 to Bay City, Michigan, since Channel 5 can not be employed in both Lansing and Bay City. We believe that the Bay Broadcasting Company counterproposal which would assign a first VHF channel to Bay City, a city with a population of 53,000, is more meritorious than a counterproposal seeking a fourth VHF channel for Detroit. In view of the foregoing, the counter-proposals of Booth Radio and Television Stations, Inc., and WJR, The Goodwill Station, Inc., requesting the assignment of VHF Channels 6 and 9 to Detroit are denied. 483. The television assignments adopted in 1945 assigned four VHF channels to Detroit, and three of these channels are presently in use. A comparative hearing was held for the remaining unassigned channel. We cannot agree that the denial of the above counterpropos BROADCASTING • Telecasting