Broadcasting Telecasting (Oct-Dec 1957)

FOR THE RECORD continued from page 110 "UNIQUE PROGRAM SERVICE" INTERFERENCE PROTECTION IN AM BROADCAST RULES DELETED By report and order, Commission finalized its proposal in Docket 11896 and abolished provisions of Sec. 182 (c) and (v) of the am broadcast rules commonly referred to as "unique service" rules effective Nov. 7. Those sections provide that when it is shown that primary service is provided by any station beyond its normally protected contour, and primary service to approximately 90% of the population of the area between normally protected contour and contour to which station actually serves is not supplied by any other station or stations carrying the same general program service, contour to which protection may be afforded will be determined on basis of facts in each case. Report states: "the 'unique service' rule has served little or no useful purpose since its adoption. Its provisions are too vague and indefinite to be of any assistance in filing and processing of applications for new and improved standard broadcast facilities and have prompted much uncertainty as to protection to be afforded to and by standard broadcast stations. Nor would making the rule more specific resolve difficulty since we are not aware of any satisfactory criteria for determining what constitutes 'same general program service'. We are concerned, furthermore, by fact that rule may discourage applicants and prospective applicants for new and improved am facilities by threatening expensive, time consuming hearings and may tend to persuade applicants to alter their proposals to protect established stations despite fact that watered-down proposals may render less service. For these reasons we believe that 'unique service' rule is an unsatisfactory allocation tool and should be dispensed with. We believe that this amendment will encourage establishment of more uniform, fixed allocation rules, thereby fostering a more effective and efficient am broadcast service throughout country." Chairman Doerfer dissented; Comr. Lee absent; Comr. Ford abstained from voting. TV EDUCATIONAL RESERVATION DELETED FROM EUGENE, ORE. By report and order in Docket 12034, Commission removed educational reservation from tv oh. 9 in Eugene, Ore., making that channel available for commercial use in that city, effective Oct. 31. The proposal in this docket to reassign ch. *7, noncommercial educational reservation in Corvallis, Ore., to Eugene-Corvallis for educational use by both cities was not adopted, since construction permit has been issued to the Oregon State Board of Higher Education for educational station (KOAC-TV) on this channel in Corvallis. This is third time Commission has unreserved vhf channel — other cities were Weston, W. Va. (ch. 5), and College Station, Tex. (ch. 3), but in latter case a uhf channel was substituted. Comrs. Bartley and Mack dissented. TV CHANNEL CHANGE By report and order, Commission finalized rule making in Docket 11877 and amended its tv table of assignments to add ch. 2 to Portland, Ore., effective Oct. 31. Portland now has chs. 6, 8, *10, 12, 21, and 27. PROPOSED RULE MAKING TO INCORPORATE CONELRAD PLAN IN PART 4 The Commission initiated rule making to incorporate in Part 4 of its rules that part of CONELRAD plan which pertains to conduct of experimental, auxiliary, and special broadcast stations during an alert. Comments may be filed by Nov. 4. PETITION FOR RECONSIDERATION DENIED By memorandum opinion and order, Commission denied petition by South Central Bcstg. Corp. (WTVK [ch. 26] Knoxville, Tenn.) for reconsideration of May 16 memorandum opinion and order insofar as it denied WTVK's request for rule making on its proposal to delete ch. 7 from Spartanburg, S. C, and assign it to both Knoxville and to either Columbia, S. C, or Augusta, Ga. Comr. Bartley dissented and issued statement. PETITION FOR TV RULE MAKING DENIED By memorandum opinion and order. Commission denied a petition by David E. Mackey (WOCN [ch. 52] Atlantic City, N. J.) for rule making to shift ch. 3 from Philadelphia, Pa., to Atlantic City, WRCV-TV is licensed on ch. 3 in Philadelphia. By memorandum opinion and order, Commission denied petition bv Evansville Television Inc. (WTVW [ch. 7] Evansville, Ind.) for rule making to assign 4 vhf channels to Evansville and make Louisville, Ky., all-uhf, and alternative proposal to make Louisville a 3 vhf market and retain ch. 7 in Evansville. The first proposal would delete chs. 3 and 11 from Louisville, add them to Evansville, unreserve ch. *15 in Louisville and ch. *9 in Evansville and substitute for latter present commercial ch. 56; the second plan would add ch. 6 to Louisville by taking it out of Indianapolis and replacing it there with ch. 4 by deleting latter from Bloomington. Counter-proposals were also denied. Comr. Ford abstained from voting. PETITIONS FOR RECONSIDERATION DENIED By memorandum opinion and order, Commission denied (1) a petition by the City of St. Petersburg (WSUN-TV [ch. 38]) St. Petersburg, Fla., for reconsideration of May 29 report and order in Docket 11361 (which assigned ch. 10 as "drop-in" to Tampa-St. Petersburg) so as to include revised decision and order directing WSUN-TV to show cause why its license should not be modified to specify operation on ch. 10 in New Port Richey instead of its present operation on ch. 38 in St. Petersburg, and (2) motions of the City of St. Petersburg to dismiss oppositions of Florida Gulfcoast Bcstrs. Inc., The Bay Area Telecasting Corp., and Suncoast Cities Bcstg. Corp. to City of St. Petersburg petition for reconsideration. Chairman Doerfer and Comr. Craven dissented. By memorandum opinion and order, Commission denied petition by Aroostook Bcstg. Corp. (WAGM-TV [ch. 8]), Presque Isle, Me., for reconsideration of June 6 report and order in Docket 11965 which assigned ch. 10 to that city. Comr. Ford abstained from voting. By memorandum opinion and order. Commission (1) denied petition by Evansville Television Inc. to dissolve proceeding in Docket 11757 which directed it to show cause why its authorization for station WTVW Evansville, Ind., should not be modified to specify operation on ch. 31 instead of ch. 7, and (2) ordered a hearing to determine whether public interest, convenience and necessity would be promoted by proposed modification of cp issued to it to specify operation on ch. 31 instead of ch. 7. Chairman Doerfer and Comr. Mack dissented; Comr. Ford abstained from voting. PETITION FOR TV AURAL TRANSMISSION DENIED By memorandum opinion and order, Commission denied petition by Joseph Brenner requesting amendment of Sec. 3.651 to providfe for aur. transmission of tv station operating in uhf band where station otherwise conforms to minimum regular program operating schedule. The rule prohibits, with exception, tv stations from making aur. transmissions during periods when still pictures or slides are employed to produce vis. transmissions unless the aur. and vis. transmissions comprise an integral part of program or announcement and have substantial relationship with each other. The Commission feels that the use of tv station merely as aur. or auasi-tv station would not serve public interest. PETITIONS FILED Television City, Inc., McKeesport, Pa. — Petition requesting amendment of Sec. 3.606 by instituting rule making proceedings so as to delete ch. 4 from Irwin, Pa. and add the same to Pittsburgh, Pa. Clarence M. Mason, Hancock, Mich. — *Petition requesting amendment of Sec. 3.606 to amend the Table of Assignments so as to assign ch. 9 to Hancock, Mich, and to delete ch. 9 from Iron Mountain, Mich, and substitute ch. 8 therefor. * Denied by memorandum opinion and order Sept. 19, 1957. INITIAL DECISION By order of Oct. 2, Commission made effective immediately initial decision and granted application of Parish Bcstg. Corp. to increase power of station KAPK Minden, La., from 100 w to 250 w, continuing operation on 1240 kc unl. ACTION IN DOCKET CASE Commission announced its Decision of Sept. 25 denying application of Blackhawk Bcstg. Co. Inc to increase power of am station WSDR Sterling, 111. (1240 kc unl.) from 100 to 250 w. Comr. Ford abstained from voting. OTHER ACTIONS Hall Bcstg. Co. Inc., Los Angeles, Calif.; Hogan Bcstg. Corp., Long Beach, Calif.; Richard C. Simonton, Los Angeles, Calif. — Designated for consolidated hearing applications for new Class B fm stations to operate on ch. 274 (102.7 mc). Announced Oct. 2. WILZ St. Petersburgh Beach, Fla. — Granted mod. of cp to change trans, location, type trans., specify studio location and make changes in ground system. Announced Oct. 2. WGN-TV Chicago, 111. — Granted license covering changes in existing station (ch. 9). Announced Sept. 26. WILO Frankfort, Ind. — Is being directed to submit statement within 30 days setting forth reasons for believing that the Commission should not institute proceedings to revoke licenses. Announced Oct. 2. KK2XFW New Orleans, La.— Granted mod. of cp for experimental tv station on ch. 12 (for simultaneous operation with its station WJMRTV on ch. 20 to make direct comparison of uhf and vhf operation) ; accepted license application for filing; and granted program test authority. By letter, denied request by Oklahoma Tele. Corp., Oklahoma City, Okla., and Capital Bcstg. Co. (WJTV) Jackson, Miss., to designate Supreme application for hearing or dismiss same. WCHB Inkster, Mich. — Granted increase in power from 500 w to 1 kw, continuing operation on 1440 kc, DA-D; engineering condition. Announced Oct. 2. Radio St. Croix Inc., New Richmond, Wis.; Florida East Coast Bcstg Co. Inc., South St. Paul, Minn.; Hennepin County Bcstg. Co., Golden Valley, Minn. — Designated for consolidated hearing applications for new am stations to operate on 1590 kc, 5 kw, D. Announced Sept. 26. T. V. Pix Inc., McGill, Nev. — Denied request for waiver of Sec. 4.731(b) of rules to permit operation of three translator tv stations in conjunction with a microwave system to serve McGill; dismissed applications as unacceptable for filing. Announced Oct. 2. WMUR-TV Manchester, N. H.— Designated for consolidated hearing applications of Radio Voice for renewal of license and for license to cover present operation of WMUR-TV (ch. 9), and application of Television for New Hampshire for cp for new tv station to operate on ch. 9. Announced Oct. 2. KOOS Inc., Coos Bay, Ore.— Designated for consolidated hearing KOOS application for mod. of cp to operate tv station on ch. 11 in lieu of ch. 16 and Pacific for a new tv station on ch. 11. Announced Oct. 2. WIP-FM Philadelphia, Pa.— Granted Subsidiary Communications Authorization to furnish background music on a multiplex basis. Announced Oct. 2. WTJS Jackson, Tenn — Granted increase in daytime power from 1 kw to 5 kw, continuing operation on 1390 kc, 1 kw-N, DA-N, U. Announced Oct. 2. South Norfolk Bcstg. Co. Die, Denbigh, Va.— Designated for consolidated hearing applications for new am stations to operate on 1570 kc DSouth Norfolk (BP-10981) with 1 kw and Denbigh (BP-11250) with 250 w; made WTOW Towson, Md„ party to proceeding. Announced Oct. 2. KTW Seattle, Wash.; KWSC Pullman, Wash.— Granted application of KTW (1250 kc, 1 kw) to operate full time during the day and continue share time with KWSC at night (BP-10390)granted application of KWSC to the extent of authorizing full time operation (1250 kc, 5 kw) during the day (BML-1667); is advising both KWSC and KTW that their applications for renewal of licenses indicate necessity for hearing to determine division of their share time at night. Announced Sept. 26. ACTIONS ON MOTIONS On petition by Tri-City Bcstg. Co. (WTRFTV), Wheeling, W. Va., Commission on Sept 24 granted extension of time for filing comments from Sept. 30 to Oct. 15 (Docket 12076) rulemaking proceeding involving Erie, Pa.; AkronCleveland, Ohio; Clarksburg and Weston, W Va ' FlintSaginaw-Bay City, Mich. Announced Sept I' BROADCASTING TELECASTING THE BUSINESS WEEKLY OF RADIO AND TELEVISION 1735 De Sales Street, N. W '., Washington 6, D. C. PLEASE START MY SUBSCRIPTION WITH THE NEXT ISSUE. □ 52 weekly issues of BROADCASTING • TELECASTING $7.00 □ 52 weekly issues and BROADCASTING Yearbook-Marketbook 9.00 □ 52 weekly issues and TELECASTING Yearbook-Marketbook 9.00 □ 52 weekly issues and both Yearbook-Marketbooks 11.00 □ Enclosed Q Bill name title/ position company name address city Please send to home address — — Broadcasting Telecasting October 7, 1957 Page 115