Broadcasting Telecasting (Oct-Dec 1961)

hibited from operating in pre-sunrise hours. Sec. 3.87 now permits daytime stations to operate under certain conditions between 4 a.m. and local sunrise. The new rule would terminate that section as it applies to Class III stations. Comments are due Feb. 8, 1962, and replies Feb. 19. The rulemaking was requested by Storer Broadcasting Co. Rulemaking seeking a change in the sign-off time of daytime stations was requested of the commission by WHIL Medford, Mass., last week. The station asked that if sunset falls within a given quarter hour, the uniform sunset time for sign-off be designated as the last minute of that quarter hour. At present, the required sign-off is adjusted to the nearest quarter hour, WHIL pointed out. For instance, if sunset comes at 6:07 p.m., the station is required to sign-off at 6 p.m. Under the WHIL proposal, the station could remain on the air until 6:15 p.m. WSPA-TV denies making ex parte representation WSPA-TV Spartanburg, S. C, told the FCC in proposed findings last week that there was nothing improper in conversations between the station's President Walter J. Brown and former FCC Chairman George C. McConnaughey (Broadcasting, Nov. 6, 13). The station said therefore there is no basis for denial of its application for removal of transmitter site. WAIM-TV Anderson, S. C, has protested the facility change though several FCC hearings and the courts. The case was reopened in November to determine if Mr. Brown had made or caused to be made ex parte representations. Mr. Brown confined his conversation with the former chairman to discussion of whether the FCC should appeal to the Supreme Court a reversal of its original decision by the Court of Appeals, WSPA-TV claimed, and he did not make a presentation on the merits of the original case. WAIM-TV charged Mr. Brown made or instigated five separate ex parte approaches. "In light of the actions taken by the commission in other ex parte cases, it is difficult to see how any other conclusion can be reached except that (WSPA-TV) is absolutely disqualified by reason of its ex parte conduct." WMOZ's Estes denies falsifying records Edwin H. Estes, licensee of WMOZ Mobile, Ala., denied last week that he had falsified station logs or ordered any employe to do so. Mr. Estes, testifying in a Mobile hearing on the license renewal application of WMOZ, said he had never attempted to intimidate employes of the station and denied commisison charges that he did not adequately supervise operations (Broadcasting, Dec. 11). The hearing was completed last Tuesday (Dec. 12) and the record closed by Hearing Examiner Herbert Sharfman. Mr. Estes also is licensee of WPFA Pensacola, Fla., which is facing license revocation charges brought by the commission. Mr. Estes said that he was "in no way connected with sending false logs to the FCC. I did not do it." He said that he directed Mrs. Erma Hurst, a former WMOZ employe, to submit a representative series of logs to the FCC. He charged that she sent false logs to the commission. The WMOZ owner charged that some of the station's disc jockeys had been "disloyal" in their attitude. He charged that James Martin and Arthur Crawford (both of whom testified the previous week) had "bootlegged" spot announcements by accepting payment from clients without turning the money over to the station. Mr. Estes said that station records on three accounts, which he had kept separate from others to handle personally, disappeared several months before the FCC investigation of WMOZ began. FCC attorneys John Reilly and Robert Peloquin put the folder in question in the hearing record the previous week. The witness charged that a "conspiracy" existed among certain WMOZ employes who were responsible for the false information being submitted to the commission. Mrs. Estes followed her husband to the stand and told about new policies of accounting and management that had been instituted at WMOZ under her superivsion in recent months to help comply with FCC requirements. Also testifying last week were some 10 witnesses who vouched for the personal character and integrity of Mr. Estes. WMOZ programs for the Negro audience and other witnesses included Negro ministers and educators who maintained that WMOZ is a valuable asset to the colored community and performs a public service. 15 applications granted for fm in mild FCC thaw While the vast majority of applicants for new fm stations must wait until the FCC has determined its overall policy on fm, 15 applicants, whose requested facilities were not in conflict with the commission's projected fm proposals, had their requests granted last week. These were the first applications granted under the commission's new "interim procedure," adopted to expedite processing of unproblematical applications pending the FCC's final fm decisions (Broadcasting, Dec. 11). Prior to these — save a September initial decision finalized a few weeks ago — none had been granted since Oct. 2. The 15 — 13 commercial and 2 educational— are listed below with their frequencies, power and antenna height above average terrain: Florence, Ala.: Radio Muscle Shoals Inc. (WOWL Florence), 107.3 mc, 7.6 kw, 320 ft. Tucson, Ariz.: Prell Enterprises, 92.1 mc, 800 w, 15 ft. New Britain, Conn.: Hartford County Broadcasting Corp. (WKNB New Britain), 100.5 mc, 200 kw, 130 ft. Atlanta, Ga. : Atlanta Fm Broadcasters, 99.7 mc, 10 kw, 120 ft. Pocotello, Idaho: Idaho State College, 88.7 mc, 9 w, 45 ft. (educational). Watseka, 111. : Iroquois County Broadcasting Co. (WGFA Watseka), 94.1 mc, 6.3 kw, 140 ft. North Vernon, Ind.: Dorrell Ochs (WOCH North Vernon), 106.1 mc, 3.8 kw, 175 ft. St. Louis Park, Minn.: Radio Suburbia Inc. (KRSI St. Louis Park), 104.1 mc, 15 kw, 230 ft. Atlantic City, N. J.: Eastern Broad 80 (GOVERNMENT) BROADCASTING, December 18, 1961