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on basis of record but remanded it for inquiry into factors not contained in original record. After further hearings, Commission on July 14, 1960 held that WHDH and Massachusetts Bay had attempted to influence decision of individual Commissioners prior to 1957 decision and, while it did not find these activities warranted disqualification of applicants concerned, it set aside its grant to WHDH and directed comparative reevaluation.
On appeal of WHDH, Court of Appeals on Oct. 7, 1960 ordered commission to submit findings and recommendations to court based on remand hearings. On Nov. 4, 1960 Commission adopted findings and conclusions of its 1960 Decision and requested that court remand matter to commission in order that latter might set aside the WHDH grant and reevaluate comparative positions of applicants on basis of supplemented record. This was done by court on Jan. 19, 1961, at which time court vacated 1957 grant to WHDH. On May 8 thereafter Supreme Court denied WHDH petition for writ of certiorari for review of Appeals Court order. Action May 24.
■ By memorandum opinion and order, Commission denied March 23 petition by Suburban Bcstg. Inc., to enlarge issues in proceeding involving its application for new am daytime station to operate on 540 kc with 250 w, DA, at Jackson, Wis., and application by Beacon Bcstg. System Inc., for like facilities at Grafton-Cedarburg, Wis. Action May 24.
■ By memorandum opinion and order, Commission denied March 2 petition by Outlet Co. (WJAR-TV ch. 10, Providence, R. I.) to enlarge issues involving application by United Tv Co. of New Hampshire to change ant. location of WMUR-TV ch. 9, Manchester, N. H., but, on its own motion, added issue to determine whether proposed ant. location would be consistent with Sect. 3.685(b) of rules. Action May 24.
■ By order. Commission cancelled oral argument scheduled for June 1 involving application by Radio Millington Inc., for new am station in Millington, Tenn., grant of which was proposed in initial decision of Feb. 24. This action was requested by applicant and respondent Sun Publishing Co. (WTJS) Jackson, Tenn. Action May 24.
■ By memorandum opinion and order, Commission denied April 12 joint petition by Fort Hamilton Bcstg. Co. (WMOH) Hamilton, Ohio, Lafayette Bcstg. Inc. (WASK) Lafayette, Ind.. and Indiana Bcstg. Corp. (WANE) Fort Wayne, Ind., for reconsideration and grant without hearing their applications to increase daytime power of their am stations (1450 kc) to 1 kw and 500 w, respectively. Action May 24.
■ By memorandum opinion and order. Commission denied May 8 petition by Green Bay Bcstg. Co. (WDUZ) Green Bay, Wis., for reconsideration and grant, or to sever, its application to increase daytime power on 1400 kc from 250 w to 1 kw (no change in 250 w night), which is in consolidated hearing with conflicting applications. Action May 24.
■ By order, Commission denied petition by Independent Indianapolis Bcstg. Corp. for extension of time to file to enlarge issues and to strike oppositions to same involving its application and those of Sands
92 (FOR THE RECORD)
Bcstg. Corp., WIFE Corp., and Hoosier Bcstg. Corp. for new 1 kw daytime, DA. stations to operate on 1150 kc in Indianapolis, Ind. Action May 24.
■ By memorandum opinion and order, Commission denied an April 12 petition by Radio Co. of Texas County to dismiss with prejudice competing application by Robert F. Neathery for new daytime am station at Houston, Mo., to operate on 1250 kc with 500 w. Action May 24.
WTOR Torrington, Conn. — Designated for hearing application to change facilities from 1490 kc, 250 w, U, to 610 kc, 500 w-N, 1 kwLS, DA-2; made WICC Bridgeport, Conn., party to proceeding. Action May 24.
Marshall C. and Sarah C. Parker WTWV Radio Tupelo, Miss.; Pontotoc Bcstg. Co. Pontotoc, Miss. — Designated for consolidated hearing applications for new daytime am stations to operate on 1440 kc, 1 kw; made WSUH Oxford, Miss., party to proceeding. Action May 24.
■ By memorandum opinion and order, Commission denied April 15 petition by Nicholasville Bcstg. Inc., to dismiss with prejudice competing application by Jessamine Bcstg. Co. for new daytime am station to operate on 1250 kc with 500 w in Nicholasville, Ky Action May 24.
■ By order, Commission on its own motion stayed effectiveness of March 31 initial decision which looked toward granting application of Skyline Bcstrs. Inc., for new am station to operate on 1010 kc, 1 kw D, DA, in Klamath Falls, Ore., pending consideration of May 22 request for stay by Broadcast Bureau and responses thereto. Action May 22.
Routine roundup
TV NETWORK INQUIRY
■ By order, chief hearing examiner James D. Cunningham scheduled public sessions in study of radio and tv network bcstg. to resume in New York City on June 20. for purpose of receiving further testimony and documentary evidence regarding the production, distribution, sale and exhibition of tv programs. A subsequent order will list persons to be called as witnesses. Sessions will be held in U. S. District Courthouse, Foley Square. Ann. May 18.
ACTIONS ON MOTIONS By Commissioner Robert T. Bartley
■ Granted petition by Broadcast Bureau and extended to May 25 time to respond to petitions by Hoosier Bcstg. Corp.. and Independent Indianapolis Bcstg. Corp., to enlarge issues in proceeding on their applications for am facilities in Indianapolis, Ind. Action May 19.
a Granted petition by Tinker Area Bcstg. Co. and extended to May 25 time to file reply briefs to exceptions in proceeding on its application for am facilities in Midwest City, Okla. Action May 19.
■ Granted petition by Broadcast Bureau and extended to May 26 time to file reply to opposition to petition by South Florida Amusement Inc., to defer final decision and reopen record in Perrine-South Miami, tv ch. 6 proceeding. Action May 19.
■ Granted petition by Pier San Inc., and extended to May 26 time to file replies to
exceptions in proceeding on its application for new am station in Lamed, Kan. Action May 19.
■ Granted petition by Eleven Ten Bcstg. Corp. and extended to June 21 tiBie to file exceptions to initial decision in proceeding on its application for renewal of license of am station KRLA & aux. Pasadena, Calif., and for license to cover cp. Action May 18.
■ Granted petition by Broadcast Bureau and extended to May 29 time to file reply to petition by Melody Music Inc., for reconsideration in proceeding on its application for renewal of license of station WGMA, Hollywood, Fla. Action May 18.
■ Granted petition by Broadcast Bureau and extended to May 26 time to file exceptions to initial decision in proceeding on applications of Washington State University for renewal of license of station KWSC (& aux.), and for mod. of license of KWSC Pullman, and First Presbyterian Church of Seattle, Wash, for renewal of license of station KTW Seattle. Action May 17.
■ Granted petition by Concert Network Inc., and extended to May 25 time to reply to exceptions in proceeding on its application and that of WBUD Inc., for new fm stations in Trenton, N. J. Action May 16.
■ Granted petition by Wayne M. Nelson and extended to May 19 time to file exceptions to supplemental initial decision in proceeding on his application and that of Fred H. Whitley for new am stations in Concord and Dallas, N. C. Action May 16.
■ Granted petition by Radio Crawfordsville Inc., Crawfordsville, Ind. and Grundy Bcstg Co., Morris. 111., and extended to May 22 time to file replies to exceptions, brief in support of exceptions, and petition by Des Plaines-Arlington Bcstg. Co. Des Plaines, 111., to reopen record in proceeding on their am applications. Action Mav 16.
By Hearing Examiner James D. Cunningham
■ Granted petition by Broadcast Bureau and extended from May 22 to June 2 time for all parties to file response pleadings to pending request by Jacksonville Bcstg. Corp. to amend its application in Jacksonville, Fla., tv ch. 12 proceeding. Action May 22.
■ Amended chief hearing examiner's order released May 17 to provide that prehearing conference in proceeding on application of Holly Springs Bcstg. Co., for am facilities in Holly Springs, Miss., will be held May 31, in lieu of June 8, and shall commence at 9 a.m. on that date. Action May 19.
■ Granted petition by Ralph J. Silkwood to extent that it involves dismissal of his application for am facilities in Klamath Falls, Ore., but dismissed application with prejudice and terminated proceeding. Action May 18.
■ Granted petition by Echols Bcstg. Co. to extent that it involves dismissal of its application for am facilities in Hobbs. N.M. but dismissed application with prejudice, and retained in hearing status application of Yoakum County Bcstg. Co. for new am station in Denver City, Tex. Action May 16.
■ Scheduled hearings and prehearing conferences in following proceedings on dates shown: June 8 and July 18 on application for transfer of control of KGMS Inc. (KGMS) Sacramento, Calif., to Capitol Bcstg. Co.; June 9 and July 18 on am applications of Radio Quests, Inc., Willoughby. and WHOT Inc. (WHOT) Campbell, Ohio; June 8 and July 19 on application of Holly Springs Bcstg. Co., for new am station in Holly Springs, Miss.; June 9 and July 24 on application of Linton D. Hargreaves for new am station in Duluth, Minn.; June 16 and July 26 on applications of Ebony Enterprises Inc., and William Norman Peal for am stations in Chadbourn, N. C. Action May 16.
■ Continued May 17 hearing to date to be specified by presiding hearing examiner in proceeding on application of Ypsilanti-Ann Arbor Bcstg. Co., for new am station in Ypsilanti, Mich. Action May 16.
By Hearing Examiner Thomas H. Donahue
■ Granted joint motion by Inter-Cities Bcstg. Co. and Peoples Bcstg. Corp. for continuance of hearing in proceeding on application of Inter-Cities for am facilities in Livonia, Mich., and continued May 19 hearing to June 26. Action May 18.
By Hearing Examiner Asher H. Ende
■ Scheduled oral argument for 9:30 a.m., May 25 on joint petition by both assignor and assignee for leave to amend application by reducing consideration from sum originally specified to sum which is equal to expenses which assignor has listed as being incurred in acquisition of permit for station WERL Eagle River, Wis., in matter of assignment of cp for that station; scheduled June 5 for parties to submit briefs,
BROADCASTING, May 29, 1961
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