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F.C.C. 69-878

BEFORE THE

FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON, D.C. 20554

In Re Application of WPIX, Inc., New YORK, N.Y.

For Renewal of License of Station WPIX.

New York, N.Y.

File No. BRCT-98

MEMORANDUM OPINION AND ORDER

(Adopted August 13, 1969)

BY THE COMMISSION: COMMISSIONERS Cox AND JOHNSON CONCURRING

IN THE RESULT. 1. The Commission has before it for consideration : (a) The abovecaptioned application of WPIX, Inc., for renewal of license of station WPIX, New York City; (b) the June 18, 1969, order of the Chief, Broadcast Bureau, setting aside his May 22, 1969, grant of the application; (c) a petition for review filed by the licensee on June 20, 1969, requesting that this order be rescinded or modified and that its effectiveness be stayed pending such action, and pleadings related thereto.

2. WPIX, Inc., licensee of television station WPIX in New York City, filed an application for renewal of the station's license on February 28, 1969. The application was accepted for filing on March 25, 1969. On May 14, 1969, a group called Forum Communications, Inc. (hereafter Forum), filed a "Petition to Defer Action on WPIX-TV Renewal.” The Commission denied this petition by memorandum opinion and order adopted May 21, 1969 (17 F.C.Č. 2d 959). The Chief, Broadcast Bureau, acting pursuant to delegated authority under section 0.281 (a) (1) of the rules, granted the WPIX renewal application on May 22, 1969.

3. Subsequent to grant of the WPIX renewal application, the Broadcast Bureau undertook investigation of a complaint which raised questions concerning certain alleged practices of the licensee with respect to its broadcast of news events. Preliminary investigation indicated that substantial and material questions of fact, pertinent to the public interest judgment, appeared to be presented by the complaint. When it became evident that the investigation could not be completed prior to the date upon which the renewal grant would become final, the Chief, Broadcast Bureau, acting pursuant to section 1.113 of the rules, set aside the grant by order dated June 18, 1969, causing the license renewal application to revert to pending status.

1 Forum Communications, Inc., filed an “Opposition to Application for Review" on June 25, 1969. The licensee responded to this pleading on July 9, 1969.

4. The licensee filed the pending application for review on June 20, 1969, contending that the Broadcast Bureau Chief's order should be rescinded or modified to “* * * * avoid manifest injustice and unfairness to WPIX, Inc. and to assure against subversion of the Commission's orderly procedures governing the processing of renewal applications. * ***** The requested modification would provide that the effectiveness of the license grant will be stayed pending completion of the investigation referred to above. The application for review further requests that the Commision stay the effectiveness of the June 18, 1969, order pending its decision on the request to rescind or modify. The licensee argues that it will be placed in double jeopardy and will possibly be irreparably prejudiced if the order is allowed to stand. The basis for this contention arises from the fact that Forum has filed an application for new television station which is mutually exclusive with the WPIX renewal application. This application was accepted for filing on June 23, 1969. The licensee complains that the June 18, 1969, order, if allowed to stand, “may have the unintended consequence of retroactively rendering timely an application which the Commission has already returned as untimely. * * *" 3 It characterizes as grossly unfair the fact that it may be subject to a comparative hearing if the Commission later determines that the outstanding complaint does not reflect adversely on WPIX's qualifications as a licensee.

5. We cannot agree that the order issued by the Broadcast Bureau Chief on June 18, 1969, is either unfair or will result in subversion of the Commission's orderly processing of renewal applications. First, we note that under section 1.113 of the rules the person acting under delegated authority may “modify or set [the action] aside” within 30 days after public notice thereof has been given. Renewal grants have previously been set aside pursuant to this rule provision. See, for example, public notice released November 19, 1968 (report No. 7688), wherein the Broadcast Bureau set aside the grant of license renewal application for station KTAL-TV, Texarkana, Tex., pending resolution of a complaint. Instead of subverting the Commission's procedure

a for processing renewal applications, we are of the view that the order was in keeping with precedent and sound administrative policy.

6. Accordingly, It is ordered, That the petition for review filed by WPIX, Inc., I & denied.

FEDERAL COMMUNICATIONS COMMISSION,

Ben F. WAPLE, Secretary.

. The request that the Commission stay the effectiveness of the June 18, 1969, order was not filed as a separate pleading, as required by sec. 1.44 (e) of the rules. It therefore will not be considered by the Commission.

3 Forum initially tendered the application on May 22, 1969. The Commission returned the application as untimely filed.

18 F.C.C. 2d

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The following are notations of Commission actions

which are not printed in full.

AMENDMENT OF APPLICATION

Voice of Dixie, Inc., Birmingham, Ala.,

accepted, June 25, 1969.

AMENDMENT OF RULES

Part 31 of the Commission's rules, Parts 1 and 97 amended to provide for amended, June 18, 1969.

an additional application form in the Sec. 73.606(b) of the Commission's Amateur Radio Service, July 15, 1969. rules, amended, July 2, 1969.

Amendment of sec. 73.202 (b), table of Citizens Radio Service rules concerning assignments, FM broadcast station,

station identification, amended, July Refugio, Tex., July 15, 1969. 15, 1969.

Amendment of sec. 73.202, FM rulemakSec. 73.40 and 73.47 of the Commis- ing to assign channel 237A to South

sion's rules, amended, July 2, 1969. hampton, N.Y., August 13, 1969.

APPARENT LIABILITY FOR FORFEITURE

sec.

San Juan B/cing Corp., WUNO, Hato Century B/cing Corp., WABX (FM),

Rey, P.R., violation of sec. 73.111 and Detroit, Mich., violation of sec. 73.245 73.113 or 73.57 (a), and sec. 73.67 (a) (b) and 73.283(a) (5), in the amount (2) and 73.67 (a) (4), in the amount of $400, August 6, 1969. of $3,000, June 18, 1969.

Chandler B/cing, Inc., WBRL, Berlin, Welcome Radio, Inc., WSLR, Akron, N.H., violation of sec. 73.93(b) and

Ohio, violation of sec. 1.613, in the 73.47(b), in the amount of $700, amount of $1,000, June 18, 1969.

August 6, 1969. Westchester Corp., WIXY, Cleveland, Vander Plate, Louis, WLVP(FM)

Ohio, violation of sec. 73.57(b) in the Franklin, N.J., violation of amount of $500, June 18, 1969.

73.265(e), 73.284 (b), 73.276(b), and New Hampshire-Vermont B/cing Corp., 73.283(a) (2) and (3), in the amount

WNHV, White River Junction, Vt., of $1,000, August 13, 1969. violation of sec. 73.57(a), in the U.S. Transdynamics Corp., WAVA, Aramount of $1,000, June 25, 1969.

lington, Va., violation of sec. 73.55, Star B/cing Corp., WKIP and WSPK 73.67 (a) (3), 73.57 (a), and 73.113

(FM), Poughkeepsie, N.Y., numerous (a) and (a) (1), in the amount of engineering and logging violations in $1,000, August 13, 1969.

the amount of $10,000, June 25, 1969. Austin, Theodore W., KIGO, St. AnCapital Cities B/cing Corp., WJR-FM, thony, Idaho, violation of secs. 73.93

Detroit, Mich., violation of sec. 73.267 (c) and (e), 73.111(a), and 73.114, (b) (1), in the amount of $500, June in the amount of $500, August 13, 25, 1969.

1969. Texas Fine Music B/cers, Inc., KRBE, Sawtooth Radio Corp., KLIX, Twin

Houston, Tex., violation of sec. 73.265 Falls, Idaho, violation of secs. 73.93 and 73.254 (a) in the amount of (a) and 73.113(a), in the amount of $1,200, June 25, 1969.

$500, August 13, 1969. Hudson Horizons, Inc., WGNY, New Puritan B/cing Service, Inc., WLYN,

burgh, N.Y., violation of sec. 317 of Lynn, Mass., violation of secs. 73.57 act, and sec. 73.119 of rules, in the (a), 73.93 (b) and (c), 73.113(a), amount of $500, July 2, 1969.

and 73.114 (a) (1) (i), in the amount WXOK, Inc., WXOK, Baton Rouge, La., of $1,500, August 20, 1969.

violation of sec. 73.93(b), in the Kalamazoo B/cing Co., Inc., WKPR, amount of $1,000, July 9, 1969.

Kalamazoo, Mich., violation of secs. Caribbean B/cing Corp., WCMN, Are- 73.57 (a) and (b), 73.47(b), 73.113

cibo, P.R., violation of sec. 73.55 in (a) (6), and (a) (4) (i) (b), in the

the amount of $500, July 23, 1969. amount of $1,500, August 20, 1969. KWAD B/cing Co., KWAD, Wadena, WAEL, Inc., WAEL, Mayaguez, P.R.,

Minn., violation of sec. 73.93 (b), in violation of sec. 73.47(b), in the the amount of $500, July 29, 1969. amount of $700, August 20, 1969.

364-138 O-LT. 70 - 4

Grayson B/cing Co., Inc., KUBA, Yuba | Idaho B/cing Co., KFXD, Nampa,

City, Calif., violation of sec. 73.93(b) Idaho, violation of sec. 73.93(e) and and sec. 73.113(a) (3), in the amount 73.114 (b), in the amount of $450, of $500, August 27, 1969.

August 27, 1969.

APPLICATIONS ACCEPTED FOR FILING

Adelphi University, Garden City, N.Y., | The A. S. Abell Co., WMAR-FM, Baltiaccepted June 18, 1969.

more, Md., accepted, August 13, 1969. Communicom Media, Berlin, Conn., Clark B/cing Co., Waterloo, Iowa, acaccepted, July 9, 1969.

cepted, August 20, 1969. Atlanta FM B/cers, WLTA-FM, Atlan

ta, Ga., accepted, July 9, 1969.

ASSIGNMENT OF LICENSE AND TRANSFER OF CONTROL

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Edouart, R. F., K70CJ and K74BI, Price, Donald C., WONS and WBGM

Francas, Calif., to Malibu Translator FM, Tallahassee, Fla., to Publishers Co., Malibu, Calif., granted, July 2, B/cst Corp., granted, July 9, 1969. 1969.

Cascade B/cing Co., KIMA-TV, YaPanax Corp., KQTV (TV), St. Joseph, kima, Wash., KWPR-TV, Pasco,

Mo., to Intermedia, Inc., granted, July Wash., KLEW-TV, Lewiston, Idabo, 2, 1969.

to Filmways, Inc., granted, July 23, Impact B/cing Enterprises, Inc., 1969.

KFMX (FM) San Diego, Calif., to Siegelin, Curt, WIKC, Bogalusa, La.,
KFMX, Inc.; transfer of control of to WIKC, Inc., granted, July 23, 1969,
KORD, Inc. KORD, Pasco, Wash., | Wister B/cing Co., WPEO, Peoria,
from Reid, Murphy, and Singleton to Ill., to Pinebrook Foundation, Inc.,
Reid, Nelskog and Bjorn Lih; and, granted, August 13, 1969.
Three Rivers B/cing, Inc., KCYS General Communications, Inc., KXKW,
(FM) Richland, Wash., to KORD, Lafayette, La., to KXKW, Inc.,
Inc., granted, July 9, 1969.

granted, August 20, 1969.

AUTHORIZATION

Collins Radio Co., Cedar Rapids, Iowa, | Voice of Reason, Inc., KICM, Golden,

and Newport Beach, Calif, staff au- Colo., authorized to operate KICH thorized to grant applications as for an additional period of 90 days, necessary in support of experimental July 23, 1969. voyage of SS Manhattan, June 18, Authorization to operate fire alarm 1969.

radio callbox systems in the 72-76 Western Union Telegraph Co., author

MHz band for Salt Lake City, Utah, ized to discontinue its "SX” mes- Contra Costa County, Calif., Canton, senger delivery station at Cleveland, Ohio, and Lodi, N.J., granted, August Ohio, June 26, 1969.

6, 1969. Western Union Telegraph Co., author. Midwest Video Electronics, Inc.,

Rhinelander, Wis., special temporary ized to discontinue its “MX" branch

authorization to continue existing office, Philadelphia, Pa., July 9, 1969.

microwave service to CATV system, Western Union Int., Inc., temporary

granted for 60 days, August 6, 1969. authority to acquire and operate a

Comsat request for authority to partitransportable earth station and ap

cipate in procuring INTELSAT III propriate 214 authority granted; Com

F-8, adopted, August 13, 1969. sat, sec. 214 authority and to operate Staff authorized to grant and extend the Jamesbury earth station, granted ;

exemptions and waivers of the 156.8 A.T. & T. Co., ITT World Comm.,

mc/s watch and equipment requireInc., and RCA Global Comm., Inc.,

ments for periods of up to 90 days, for appropriate 214 authority to pro- August 20, 1969. vide TV service, granted, July 15, Western Union Telegraph Co., author1969.

ity to discontinue its “XA” messenger Staff authorized to take steps to acquire delivery station at Buffalo, N.Y., and

land and expend funds for new moni- its “ZF" branch office, Boston, Mase, toring station in Maine, July 23, 1969. granted, August 20, 1969.

Western Union, authority to discon- | ITT World Comm., Inc., authority to

tinue its "AX" branch office, Kansas acquire satellite voice circuits to proCity, Mo., granted, August 27, 1969. vide its telegraph services between

the United States and Puerto Rico and beyond, granted, August 27, 1969.

CONSTRUCTION PERMIT

Shonert, Warren J., Falmouth, Ky.,, Continental Divide Electronics, Bouldgranted, June 18, 1969.

er, Colo., conditional grant, July 23, St. Louis Educational TV Comm., 1969.

KETC, St. Louis, Mo. granted, June Regents of the University of California, 18, 1969.

KCSB-FM, Santa Barbara, Calif., Evansville-Vanderburgh School Corp., granted, July 29, 1969.

Evansville, Ind., granted, June 18, Eastminster B/cing Corp., Dover, N.H., 1969.

granted, subject to the outcome of any The Sunflower Educational TV Corp., rulemaking proceeding resulting from

Wichita, Kans. granted, June 18, Lakes Region's petition, August 6, 1969.

1969. State Board of Education, Pocatello, Central Virginia ETV Corp., Danville, Idaho, granted, June 18, 1969.

Va., granted, August 6, 1969. Area Educational TV Foundation, Rappa hannock B/cing Corp., Tappahan

KERA-TV, Dallas, Tex., granted, nock, Va., granted, August 13, 1969. June 18, 1969.

Runnymede, Inc., and Central Ohio Regents of the University of California B/cing Co., requests for approval of at Irvine, Irvine, Calif., granted, June

a dropout agreement, granted, Au18, 1969.

gust 13, 1969. Clearwater B/cing Co., KLER, Orofino, Kona Koast B/cing Co., Kealakekua, Idaho, granted, June 25, 1969.

Hawaii, granted, August 13, 1969. Interstate B/cing Corp., KKWB-FM,

Monticello B/cing, Monticello, Miss., Breckenridge, Minn., modified, June

granted, August 13, 1969. 25, 1969.

New Boston TV, Inc., WSBK-TV, BosBowie County B/cing Co., Inc., New Central Ohio B/cing Co. and Runny

ton, Mass., granted, August 13, 1969. Boston, Tex., granted, July 9, 1969.

mede, Inc., Heath, Ohio, dropout New Boston B/cing Co., New Boston,

agreement, approved and application Tex., dismissed, July 9, 1969.

by Central, dismissed, August 20, Belton B/cers, Inc., Belton, Tex., 1969. granted, July 15, 1969.

Valley B/cing, Inc., and Putnam B/cing Table Rock Lake Reb/c Co., Inc., Kim- Co., Inc., Hurricane, W. Va., dropout

berling City, Mo., granted, July 15, agreement approved, application of 1969.

Putnam, granted, August 20, 1969. Qualitron Aero, Inc., KNUI, Kahului, Christian Enterprises, Inc., Glendive, Hawaii, granted, July 23, 1969.

Mont., granted, August 27, 1969.

DENIAL OF WAIVER

Christian Services, Inc., KCFA-FM,

Spokane, Wash., waiver of 73.242, denied, August 20, 1969.

DESIGNATION FOR HEARING

Western Union Telegraph Co., order | Hurt, Charles W., Charlottesville, Va.;

specifying issues in this proceeding, WELK, Inc., Charlottesville, Va. ; adopted, June 11, 1969.

WUVA, Charlottesville, Va., June 25, Ottaway Stations, Inc., Oneonta, N.Y., 1969. June 18, 1969.

Pleasant B/cing Co.; Chariton Radio Bringfield B/cing Co., Peoria, Ill. ; Peo- Co.; BCST Co. of Iowa, Inc., and

ria Community B/cers, Inc., Peoria, Mount Pleasant Radio Co., Mount Ill. ; and Clark B/cing Co., Peoria, Pleasant, Iowa, July 2, 1969. Ill., June 25, 1969.

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