Broadcasting Telecasting (Oct-Dec 1957)

FOR THE RECORD continued BOXSCORE STATUS of comparative hearing cases for new tv stations before FCC: AWAITING FINAL DECISION: 1 Beaumont, Tex., ch. 6 (9-30-57). AWAITING ORAL ARGUMENT: 8 (Figures in parentheses indicate dates initial decisions were issued.) Coos Bay, Ore., ch. 16 (7-20-56); Hatfield, Ind.-Owensboro, Ky., ch. 9 (2-18-57); Onondaga-Parma, Mich., ch. 10 (3-7-57); Toledo, Ohio, ch. 11 (3-21-57); Cheboygan, Mich., ch. 4 (6-21-57); Buffalo, N. Y., ch. 7 (9-13-57); Lubbock, Tex., ch. 5 (9-9-57); Mayaguez, P. R., ch. 3. IN HEARING: 6 Alliance, Neb., ch. 13 (6-6-57); Greenwood, Miss., ch. 6; Elk City, Okla., ch. 8; Ogden, Utah, ch. 9 (7-3-57); Baton Rouge, La., ch. 18 (7-11-57); Beaumont-Port Arthur, Tex., ch. 12. IN COURT: 10 (Appeals from tv grants in U. S. Court of Appeals, Washington.) Portsmouth, Va., ch. 10; Miami, ch. 10; Knoxville, Tenn., ch. 10; Boston, ch. 5; Springfield, 111., ch. 2; Charlotte, N. C, ch. 9: Biloxi, Miss., ch. 13; New Orleans, La., ch. 4; Orlando. Fla., ch. 9; Indianapolis, Ind., ch. 13. WAJR-AM-FM Morgantown, W. Va., president and 99% stockholder of WJER Dover, Ohio, is licensee and permittee respectively, of stations WKJF (FM) and WKJF-TV Pittsburgh, pa. Announced Nov. 5. WNAX Yankton, S. D.; KVTV (TV) Sioux City, Iowa — Seek assignment of licenses from Cowles Bcstg. Co. to Peoples Bcstg. Corp. for $3,000,000. Peoples Bcstg. Corp. is owned by Nationwide Mutual Insurance Co. Peoples Bcstg. is licensee of WRFD Worthington, Ohio; WGARAM-FM Cleveland, Ohio; WMMN Fairmont, W. Va., and WTTM Trenton, N. J. Announced Oct. 31. KTWO-TV Casper, Wyo.; KTWX-TV Sheridan, Wyo. — Seek assignment of permittee corp. (Harriscope Inc.) to Harriscope Inc., Benjamin Berger, Irving B. Harris and Donald P. Nathanson d/b as Rocky Mountain Tele Stations, for $15,000 of Harriscope Inc.'s properties and $30,000 cash. Announced Oct. 31. Hearing Cases FINAL DECISIONS By memorandum opinion and order of Nov, 6, Commission (1) denied petition by Radio Dinuba Co. (KRDU) Dinuba, Calif., for review of examiner's ruling allowing partnership doing business as Radio KYNO (KONG) Visalia, Calif., to amend its application to substitute Air Waves, Inc., as applicant and retaining amended application in hearing status; (2) affirmed examiner's ruling, and (3) found Air Waves, Inc., legally, technically, and financially qualified to operate the KONG proposal in am proceeding. By separate memorandum opinion and order of same date, the Commission denied petitions by KRDU for enlargement of issues with respect to program service and community needs and to signal strength. Commission announced its decision of Nov. 6 which (1) granted petition by The Good Music Station, Inc., and RKO Teleradio Pictures, Inc., insofar as they request withdrawal of exceptions and to reopen record, and denied petitions in all other respects; (2) set aside Nov. 21, 1956 action ordering reassignment of license and cp of station WGMS Bethesda, Md., and license of WGMSFM Washington, D. C, from RKO Teleradio Pictures, Inc., to The Good Music Station, Inc., and postponing effective date of action granting assignment applications; and (3) affirmed and reinstated July 18, 1956 grant of assignment of licenses and cp from The Good Music Station, Inc., to RKO Teleradio Pictures, Inc. Commissioners Bartley and Ford abstained from voting. By memorandum opinion and order of Nov. 6, Commission (1) denied petitions by Greater Erie Bcstg. Co. and Great Lakes Television, Inc., to enlarge issues in Buffalo, N. Y., ch. 7 comparative proceeding; and (2) on the Commission's own motion, reopened the record and remanded the matter to the hearing examiner to take evidence on enlarged issues to determine location of the proposed Grade A and B contours of three applicants, to determine, on a comparative basis, the areas and populations within respective Grade A and Grade B contours which may reasonably be expected to receive actual service from the applicants' proposed stations, and in event proof under these issues shall establish that any or all of three applicants will bring actual service to areas and populations not served by either or both of its competitors, to determine the number of services, if any, presently available to such areas and populations; orders examiner to issue a supplemental initial decision. Commission announced its memorandum opinion and order of Oct. 30 which (1) affirmed May 8 decision granting application of Drew J. T. O'Keefe, Jack J. Dash and William F. Waterbury for new am station to operate on 1490 kc, 250 w, U, in Levittown-Fairless Hills, Pa., and denying competing application of Mercer Bcstg. Co., Trenton, N. J.; and (2) denied Mercer petition for re consideration. Commissioners Craven and Ford abstained from voting. INITIAL DECISIONS Commission on Oct. 31 ordered that initial decision which looked toward grant of application of Claremore Bcstg. Co. for a new am station to operate on 1270 kc, 500 w, D, in Claremore, Okla., and which would have become effective on Nov. 4 pursuant to Sect. 1.853 of the rules, shall not become final pending further review by the Commission. By order of Nov. 6, Commission made effective immediately initial decision and granted applicaton of Nevada Radio-Television, Inc., for new tv station to operate on ch. 10 in Elko, Nev. By order of Nov. 6 Commission made effective immediately initial decision and granted application of Jefferson Bcstg. Co., Inc., for a new am station to operate on 620 kc, 500 w, D, DA in Louisville, Ky. ; engineering condition. Hearing Examiner Charles J. Frederick issued initial decision looking toward grant of application of Port City Television Co., Inc., for new tv station to operate on ch. 18 in Baton Rouge, La.. Announced Oct. 31. Routine Roundup ACTIONS BY FCC By order of Oct. 31, Commission extended nunc pro tunc as of 3:01 a.m. EST, Oct. 17, 1957, until such time as Commission shall take further action in acordance with mandate of Court of Appeals, permit to American Bcstg.-Paramount Theatres Inc., to locate, use or maintain broadcast studio or other place or apparatus in United States for production of programs to be transmitted or delivered to tv station XETV Tijuana, Mexico, and this extension shall terminate in all respects as of date of release of such further action without further order of Commission; further ordered that action on petitions by Wrather-Alvarez Bcstg. Die. (KFMB, KFMBTV), San Diego, Calif., for immediate issuance of cease and desist order continue to withhold authorization pending resolution of proceeding on merits, and to reopen record and enlarge issues, is deferred pending reconsideration of mandate of the Court of Appeals. Commission on Nov. 6 scheduled following proceedings for oral argument on Nov. 25: Star of the Plains Bcstg. Co., Slaton, Tex., and Plainview Radio, Plainview, Tex.; and Lawrenceville Bcstg. Co., Lawrenceville, 111., and Southern Indiana Bcstrs. Inc., Newburgh, Did. PETITIONS FOR RULE MAKING FILED Gulf Television Corp, KGUL-TV Galveston, Tex. — Petition requesting amendment of Sec. 3.606 (b) of rules to delete ch. 11 from Galveston, Tex., and reassign same to Houston, Tex. Petitioner also requests mod. of KGUL-TV's license to specify operation on ch. 11 in Houston jn lieu of ch. 11 in Galveston be made effective on same date that reassignment of ch. 11 is made effective. Announced Nov. 1. Lion Television Corp., WDAM-TV Hattiesburg, Miss. — Petition requesting amendment of Sec. 3.606 to assign ch. 9 to Baton Rouge, La., and delete same from Hattiesburg, Miss., contingent upon (1) issuance of order to show cause why license of WDAM-TV should not be modified to specify operation at Baton Rouge, La.; (2) surrender by Modern Bcstg. Co. of Baton Rouge, Inc. of its license to operate WAFB-TV (ch. 28) Baton Rouge prior to the commencement of operation by WDAM-TV (ch. 9) Baton Rouge, and (3) mod. of cp of Laurel Television Co. io specify operation from present site of WDAMTV as of time WDAM-TV ceases to operate ch. 9 at Hattiesburg, Miss. Announced Nov. 1. Wm. Penn Bcstg. Co., WPEN-FM Philadelphia, Pa. — Petition requesting amendment of Sees. 3.293, 3.294 and 3.295 of rules so that fm stations engaged in specialized services such as background music may broadcast on multiplex basis if they wish, but shall not be required to do 60. Announced Nov. 1. ACTIONS ON MOTIONS By FCC on October 31 On petition by Dispatch Inc., WICU (ch. 12) Erie, Pa., Commission on Oct. 30 granted extension of time for filing comments from Nov. 5 to Nov. 12 in tv rule-making proceedings involving Erie, Pa.; Akron-Cleveland, Ohio; Clarksburg and Weston, W. Va.; Flint-Saganaw-Bay City, Mich. By Commissioner Rosel H. Hyde on October 29 Granted petition by the Broadcast Bureau for extension of time to Nov. 7 to file responses to "Petition for Revision of Hearing Issues" and "Petition to Enlarge and Change Issues" filed by Evangeline Bcstg. Co. Inc. and Acadian Television Corp., respectively, in proceeding on applications of KTAG Associates (KTAG-TV) Lake Charles, La., for mod. of cp to change from ch. 25 to ch. 3 and Evangeline Bcstg. Co. Inc. and Acadian Television Corp., for cps for new tv stations to operate on ch. 3 in Lafayette, La. By Hearing Examiner Elizabeth C. Smith on October 29 Granted petition of Bosque Radio, Clifton, Tex., for leave to amend its am application to present engineering changes which may show that proposed operation meets requirements of Commission, particularly Sec. 3.28 (c), and application as amended is removed from hearing docket and returned to processing line. October 30 By Hearing Examiner Basil P. Cooper Granted petition of Basin Bcstg. Co., Durango, Colo., insofar as requests leave to amend its application to submit new engineering proposal requesting authority to construct Class IV station to operate on 1240 kc in lieu of 1490 kc presently requested; application as amended is removed from the hearing docket. By Chief Hearing Examiner James D. Cunningham Granted petition of Jack A. Burnett for dismissal of application without prejudice and retained in hearing status application of Beehive Telecasting Corp., both for cps for new tv stations to operate on ch. 11 in Provo, Utah. By Hearing Examiner Millard F. French By agreement of parties, ordered that exchange of exhibits in proceeding on am application of WNAB Inc. (WNAB) Bridgeport, Conn., shall take place on Dec. 10. By agreement of parties in proceeding on applications of Sarkes Tarzian Inc. and George A. Brown Jr., for cps for new tv stations to operate on ch. 13 in Bowling Green, Ky., ordered that prehearing conference which was continued on July 22 to a date to be set by further order, is Continued on page 113 ALLEN KANDER NEGOTIATORS FOR THE PURCHASE AND SALE OF RADIO AND TELEVISION STATIONS EVALUATIONS FINANCIAL ADVISERS WASHINGTON 1625 Eye Street, N.W. Washington 6, D. C. NAtional 8-1990 NEW YORK 60 East 42nd Street New York 17, N. Y. MUrray Hill 7-4242 CHICAGO 35 East Wacker Drive Chicago 1, Illinois RAndolph 6-6760 Page 108 • November 11, 1957 Broadcasting