Broadcasting Telecasting (Jul-Sep 1962)

sued initial decision looking toward granting application of John Laurino, tr/as Virginia Regional Bcstrs., for new am station to operate on 1410 kc, 5 kw, D, in Chester, Va.; conditioned that pre-sunrise operation with daytime facilities precluded pending final decision in Doc. 14419. Action July 13. OTHER ACTIONS ■ By memorandum opinion & order, commission (1) vacated and set aside June 5 chief hearing examiner's memorandum opinion & order which (a) approved agreement by South Florida Amusement Inc., and Coral Television Corp. providing for dismissal of South Florida's application for new tv station on ch. 6 in Perrine, Fla., and (b) granted Coral's application for new station on that ch. in South Miami, Fla., and (2) remanded proceeding to presiding hearing examiner for further proceedings under commission's Jan. 3 ruling which vacated initial decision and reopened record for further testimony on eight specific issues inquiring into character qualifications of Sherwin Grossman, controlling principal of South Florida. Action July 18. ■ By decision, commission granted application of Crawford County. Bcstg. Co. to change facilities of 'WTIV Titusville, Pa., from 1290 kc, 500 w, D, to 1230 kc. 500 w-D, 250 w-N; engineering condition. Chmn. Minow not participating; Comr. Cross concurred. Dec. 12, 1961 initial decision looked toward this action. Action July 18. ■ By decision, commission granted application of New Bcstg. Inc., for new class b fm station to operate on 107.5 mc in New York, N. Y., denied application of Herbert Muschel, and dismissed for want of prosecution application of Independent Bcstg. Co., seeking same facilities. Comr. Ford not participating. Oct. 17, 1961 initial decision looked toward grant of new application and denial of both Muschel and Independent. Action July 18. ■ By memorandum opinion & order, commission (1) denied petition by Fifth Market Bcstg. Inc., for reconsideration and grant of its application to increase power of WGSM Huntington, Long Island, N. Y., on 740 kc, D, from 1 kw to 5 kw, DA, with 1 kw-CR, non-DA; and (2) on its own motion, enlarged issues to determine whether WGSM proposal complies with Sec. 3.28(d) (3) of rules and if not whether circumstances exist which would warrant waiver. Action July 18. ■ By memorandum opinion & order, commission denied petition by The Y T Corp. for waiver of interim fm criteria with respect to its application for new fm station in Palo Alto, Calif. Commission stated: "In view of commission's determination that waiver of interim fm criteria is warranted only in those proceedings where Initial decision has issued prior to date (December 6, 1961) of adoption of interim criteria, waiver in regard to instant proceeding in which hearing was completed but initial decision had not issued prior to December 6, 1961, is inappropriate. Comr. Cross dissented and issued statement. Action July 18. ■ By order, commission stayed effective date of April 3 initial decision which looked toward revoking license of Mandan Radio Assoc. for KBOM (1270 kc, 1 kw-LS 250 w-N), Bismarck-Mandan, N. D., for unauthorized transfer of control and other violations, pending consideration of pleadmg by Caoital Bcstg. Inc., applicant for KBOM facilities, and related statement of KBOM. Action July 18. ■ By memorandum opinion & order, commission (1) set aside April 12, 1961 decision which granted application of Sheffield Bcstg. MEN WHO READ BUSINESSPAPERS MEAN BUSINESS In the Radio-TV Publishing Field only BROADCASTING qualifies for membership in Audit Bureau of Circulations and Ass(xiated Business Publications Co. for new am station to operate on 1290 kc, 1 kw, D, in Sheffield, Ala., and which denied application of J. B. Fait Jr., for similar facilities, also subsequent orders affirming grant, and (2) reopened record and designated applications for further hearing on concentration of control and overlap issues to make determination on compliance by Sheffield with Sees. 3.35(a) and (b) of rules, and by Fait with Sec. 3.35(b). To extent noted, Falt's petition for reconsideration was granted. All previous evidence relative to new issues will be considered along with new evidence to be adduced. If both parties are qualified under rules, new comparative decision will be reached in light of entire record. Comrs. Hyde, Ford & Cross dissented. Action July 18. ■ By order, commission (1) denied petition by Triangle Publications Inc., to clarify or enlarge issues in proceeding on its application to change trans, location of station "WNHC-TV (ch. 8), New Haven, Conn., and (2) on own motion, enlarged issues to determine facts and circumstances which led to WNHC-TV's proposal to change trans, site and select specific site herein proposed, and facts concerning WNHC-TV's plans or intentions with respect to proposed station operations with particular reference to programming (live, network and film) and community, communities or areas which station will seek to serve and be identified with. Comrs. Hyde and Craven dissented. Action July 18. ■ By memorandum opinion & order, commission (1) granted permission for Tv Corp. of Michigan Inc. (WILX-TV, ch. 10), Onondaga, Mich., to withdraw its protest, and (2) after evaluating situation in light of previous findings as well as those actions of which official notice was taken and pursuant to Court of Appeals opinion, reaffirmed Feb. 15, 1961 order which affirmed Sept. 22, 1959 grant of application of WOOD Bcstg. Inc., to change trans, location of WOOD-TV (ch. 8), Grand Rapids, increase ant. height by two feet, to 1,000 ft., and make other changes. Chmn. Minow and Comrs. Bartley and Ford not participating. Action July 18. ■ By memorandum opinion & order, commission denied in all respects petitions by Eleven Ten Bcstg. Corp. for (1) reconsideration of March 15 decision which denied its application for renewal of licenses of am station KRLA and auxiliary and license to cover cp, Pasadena. Calif., (2) remand for further hearing, and (3) oral argument on its petition for reconsideration. Action July 18. ■ March 15 decision was resolved on basis of hearing issues to determine (a) whether, in lieht of its operations since it acquired KRLA, licensee's assignment application program proposals were made in good faith; (b) whether licensee operated KRLA contrary to public interest in light of manner in which "Find Perry Allen" contest was conducted: (c) whether station's program logs were altered to deceive commission; (d) whether, since assignment. Jack Cooke, alien, has exercised control with respect to KRLA's operations contrary to Sec. 310 of Communications Act and FCC rules and regulations; and (e) whether in light of evidence adduced pursuant to those issues, grant of Eleven Ten's applications would serve public interest, convenience and necessity. ■ Memorandum opinion stated that "our decision rested upon simple proposition that licensee, knowing that his station 'was in mess,' cannot leave town for months, leave actual operation and management of station in hands of others, and reasonably except commission to close its eves to what occurred during absence of licensee because of latter's unawareness of what was happening. It was, and remains, our view that licensee's lack of familiarity with station operation and management mav reflect indifference tantamount to lack of control; that commission must insist upon effective exercise by licensee of actual control over station operation and management; and that only by holding licensee accountable for operation and management of station can there be any assurance that operation and management will be responsible." ■ In denying request to reopen record, commission stated: "Upon careful consideration of all of its arguments. Eleven Ten has not persuaded us that our views concerning Donald Cooke's efforts to mislead commission should be altered. Facts upon which commission rests its conclusions in this area are set forth in great detail in paragraphs 8-12 of our decision, and notwithstanding Eleven Ten's elaborate attempt to explain them, such facts nevertheless remain unchanged. We believe that these facts admit of no reasonable interpretation other than set forth in our decision and we regard Eleven Ten's attempt to whitewash such facts or to dismiss obvious problems raised thereby as mere differences of opinion or as result of faulty memory as singularly unconvincing and inadequate. We adhere to views expressed in our decision and reaffirm our conclusions that Donald Cooke is guilt.y of efforts to mislead commission. To conclude otherwise would require us to ignore facts of record." Action July 18. ■ By separate order in above proceeding, commission also denied petitions for reconsideration by Lake Congregational Church of Pasadena and by Immaculate Conception Church of Los Angeles, since it appears that religious programming offered by station KRLA does not outweigh considerations underlying conclusions reached in commission's decision. By letters, it rejected petitions by International Brotherhood of Electrical Workers, Los Angeles County Epilepsy Society, United Steelworkers of America, AFL/CIO, and American Federation of Radio and Tv Artists. Action July 18. ■ By memorandum opinion & order, commission approved agreement whereby Seminole Bcstg. Co. witlidraws its application for new daytime am station to operate on 1500 kc with 1 kw power at Donalsonville, Ga. and competing applicant. Radio Donalsonville will reimburse Seminole for $1,500 expenses in prosecuting its application. By separate action. Commission granted Radio Donalsonville application, conditioned that pre-sunrise operation witli daytime facilities precluded pending final decision in Doc. 14419. Action July 18. ■ By memorandum opinion & order, commission, on its own motion, designated for hearing application of KATV Inc., to change trans, location of tv station KATV (ch. 7), Little Rock, Ark., from about 14 miles nortii of Pine Bluff to about 50 miles northwest of that city and 12 miles west of Little A FINER TIMEPIECE CAN BE MADE WE'LL MAKE ITl ^ GALGO center register i TIMER Red hand registers minutes to 60 and black hand indicates 1/5 seconds. Side slide for time out. 7 jewels. Fine movement. #9010— $49.00. Free "Guide" to the correct selection of a Timer or Chronograph available on request. Jules mmE & Company, Inc. 20 WEST 47th ST., N.Y.C. BROADCASTING, July 23, 1962 73