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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filed the pending application for review on June 20, 1969, contending that the Broadcast Bureau Chief's order should be rescinded or modified to "*** avoid manifest injustice and unfairness to WPIX, Inc. and to assure against subversion of the Commission's orderly procedures governing the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. ****" 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 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., Is denied.

FEDERAL COMMUNICATIONS COMMISSION,
BEN F. WAPLE, Secretary.

2 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

O

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.

Sec. 73.606(b) of the Commission's rules, amended, July 2, 1969. Citizens Radio Service rules concerning station identification, amended, July 15, 1969.

Sec. 73.40 and 73.47 of the Commission's rules, amended, July 2, 1969.

an additional application form in the Amateur Radio Service, July 15, 1969. Amendment of sec. 73.202(b), table of assignments, FM broadcast station, Refugio, Tex., July 15, 1969. Amendment of sec. 73.202, FM rulemaking to assign channel 237A to Southhampton, N.Y., August 13, 1969.

APPARENT LIABILITY FOR FORFEITURE

San Juan B/cing Corp., WUNO, Hato Rey, P.R., violation of sec. 73.111 and 73.113 or 73.57(a), and sec. 73.67 (a) (2) and 73.67(a) (4), in the amount of $3,000, June 18, 1969.

Welcome Radio, Inc., WSLR, Akron, Ohio, violation of sec. 1.613, in the amount of $1,000, June 18, 1969. Westchester Corp., WIXY, Cleveland, Ohio, violation of sec. 73.57(b) in the amount of $500, June 18, 1969. New Hampshire-Vermont B/cing Corp., WNHV, White River Junction, Vt., violation of sec. 73.57(a), in the amount of $1,000, June 25, 1969. Star B/cing Corp., WKIP and WSPK (FM), Poughkeepsie, N.Y., numerous engineering and logging violations in the amount of $10,000, June 25, 1969. Capital Cities B/cing Corp., WJR-FM, Detroit, Mich., violation of sec. 73.267 (b) (1), in the amount of $500, June 25, 1969.

Texas Fine Music B/cers, Inc., KRBE,

Houston, Tex., violation of sec. 73.265 and 73.254 (a) in the amount of $1,200, June 25, 1969. Hudson Horizons, Inc., WGNY, Newburgh, N.Y., violation of sec. 317 of act, and sec. 73.119 of rules, in the amount of $500, July 2, 1969. WXOK, Inc., WXOK, Baton Rouge, La., violation of sec. 73.93(b), in the amount of $1,000, July 9, 1969. Caribbean B/cing Corp., WCMN, Arecibo, P.R., violation of sec. 73.55 in the amount of $500, July 23, 1969. KWAD B/cing Co., KWAD, Wadena, Minn., violation of sec. 73.93(b), in the amount of $500, July 29, 1969.

Century B/cing Corp., WABX (FM), Detroit, Mich., violation of sec. 73.245 (b) and 73.283(a) (5), in the amount of $400, August 6, 1969. Chandler B/cing, Inc., WBRL, Berlin,

N.H., violation of sec. 73.93(b) and 73.47 (b), in the amount of $700, August 6, 1969.

Vander Plate, Louis, WLVP (FM) Franklin, N.J., violation of sec. 73.265 (e), 73.284(b), 73.276(b), and 73.283(a) (2) and (3), in the amount of $1,000, August 13, 1969.

U.S. Transdynamics Corp., WAVA, Arlington, Va., violation of sec. 73.55, 73.67 (a) (3), 73.57(a), and 73.113 (a) and (a)(1), in the amount of $1,000, August 13, 1969.

Austin, Theodore W., KIGO, St. Anthony, Idaho, violation of secs. 73.93 (c) and (e), 73.111(a), and 73.114, in the amount of $500, August 13, 1969.

Sawtooth Radio Corp., KLIX, Twin Falls, Idaho, violation of secs. 73.93 (a) and 73.113 (a), in the amount of $500, August 13, 1969.

Puritan B/cing Service, Inc., WLYN, Lynn, Mass., violation of secs. 73.57 (a), 73.93 (b) and (c), 73.113 (a), and 73.114(a)(1)(i), in the amount of $1,500, August 20, 1969. Kalamazoo B/cing Co., Inc., WKPR, Kalamazoo, Mich., violation of secs. 73.57 (a) and (b), 73.47(b), 73.113 (a)(6), and (a) (4) (i) (b), in the amount of $1,500, August 20, 1969. WAEL, Inc., WAEL, Mayaguez, P.R., violation of sec. 73.47 (b), in the 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) and sec. 73.113(a) (3), in the amount of $500, August 27, 1969.

Idaho, violation of sec. 73.93(e) and 73.114 (b), in the amount of $450, August 27, 1969.

APPLICATIONS ACCEPTED FOR FILING

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

Communicom Media, Berlin, Conn., accepted, July 9, 1969.

Atlanta FM B/cers, WLTA-FM, Atlanta, Ga., accepted, July 9, 1969.

more, Md., accepted, August 13, 1969. Clark B/cing Co., Waterloo, Iowa, accepted, August 20, 1969.

ASSIGNMENT OF LICENSE AND TRANSFER OF CONTROL

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

Francas, Calif., to Malibu Translator Co., Malibu, Calif., granted, July 2, 1969.

Panax Corp., KQTV (TV), St. Joseph, Mo., to Intermedia, Inc., granted, July 2, 1969.

Impact B/cing Enterprises, Inc., KFMX(FM) San Diego, Calif., to KFMX, Inc.; transfer of control of KORD, Inc. KORD, Pasco, Wash., from Reid, Murphy, and Singleton to Reid, Nelskog and Bjorn Lih; and, Three Rivers B/cing, Inc., KCYS (FM) Richland, Wash., to KORD, Inc., granted, July 9, 1969.

FM, Tallahassee, Fla., to Publishers B/est Corp., granted, July 9, 1969. Cascade B/cing Co., KIMA-TV, Yakima, Wash., KWPR-TV, Pasco, Wash., KLEW-TV, Lewiston, Idaho, to Filmways, Inc., granted, July 23, 1969.

Siegelin, Curt, WIKC, Bogalusa, La., to WIKC, Inc., granted, July 23, 1969. Wister B/cing Co., WPEO, Peoria, Ill., to Pinebrook Foundation, Inc., granted, August 13, 1969.

General Communications, Inc., KXKW, Lafayette, La., to KXKW, Inc.. granted, August 20, 1969.

AUTHORIZATION

Colo., authorized to operate KICM for an additional period of 90 days, July 23, 1969.

Collins Radio Co., Cedar Rapids, Iowa, | Voice of Reason, Inc., KICM, Golden, and Newport Beach, Calif, staff authorized to grant applications as necessary in support of experimental voyage of SS Manhattan, June 18, 1969.

Western Union Telegraph Co., authorized to discontinue its "SX" messenger delivery station at Cleveland, Ohio, June 26, 1969.

Western Union Telegraph Co., authorized to discontinue its "MX" branch office, Philadelphia, Pa., July 9, 1969. Western Union Int., Inc., temporary authority to acquire and operate a transportable earth station and appropriate 214 authority granted; Comsat, sec. 214 authority and to operate the Jamesbury earth station, granted; A.T. & T. Co., ITT World Comm., Inc., and RCA Global Comm., Inc., for appropriate 214 authority to provide TV service, granted, July 15, 1969.

Staff authorized to take steps to acquire land and expend funds for new monitoring station in Maine, July 23, 1969.

Authorization to operate fire alarm radio callbox systems in the 72-76 MHz band for Salt Lake City, Utah, Contra Costa County, Calif., Canton. Ohio, and Lodi, N.J., granted, August 6, 1969.

Midwest Video Electronics, Inc., Rhinelander, Wis., special temporary authorization to continue existing microwave service to CATV system, granted for 60 days, August 6, 1969. Comsat request for authority to participate in procuring INTELSAT III

F-8, adopted, August 13, 1969. Staff authorized to grant and extend exemptions and waivers of the 156.8 mc/s watch and equipment requirements for periods of up to 90 days, August 20, 1969. Western Union Telegraph Co., authority to discontinue its "XA" messenger delivery station at Buffalo, N. Y., and its "ZF" branch office, Boston, Mass., granted, August 20, 1969.

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

tinue its "AX" branch office, Kansas City, Mo., granted, August 27, 1969.

acquire satellite voice circuits to provide 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.

St. Louis Educational TV Comm., KETC, St. Louis, Mo. granted, June 18, 1969. Evansville-Vanderburgh School Corp., Evansville, Ind., granted, June 18, 1969.

The Sunflower Educational TV Corp., Wichita, Kans. granted, June 18, 1969.

State Board of Education, Pocatello,
Idaho, granted, June 18, 1969.
Area Educational TV Foundation,
KERA-TV, Dallas, Tex., granted,
June 18, 1969.

Regents of the University of California
at Irvine, Irvine, Calif., granted, June
18, 1969.
Clearwater B/cing Co., KLER, Orofino,
Idaho, granted, June 25, 1969.
Interstate B/cing Corp., KKWB-FM,
Breckenridge, Minn., modified, June
25, 1969.

Bowie County B/cing Co., Inc., New
Boston, Tex., granted, July 9, 1969.
New Boston B/cing Co., New Boston,
Tex., dismissed, July 9, 1969.
Belton B/cers, Inc., Belton, Tex.,
granted, July 15, 1969.

Table Rock Lake Reb/c Co., Inc., Kimberling City, Mo., granted, July 15, 1969.

Qualitron Aero, Inc., KNUI, Kahului, Hawaii, granted, July 23, 1969.

er, Colo., conditional grant, July 23, 1969.

Regents of the University of California, KCSB-FM, Santa Barbara, Calif., granted, July 29, 1969.

Eastminster B/cing Corp., Dover, N.H., granted, subject to the outcome of any rulemaking proceeding resulting from Lakes Region's petition, August 6, 1969.

Central Virginia ETV Corp., Danville, Va., granted, August 6, 1969. Rappahannock B/cing Corp., Tappahannock, Va., granted, August 13, 1969. Runnymede, Inc., and Central Ohio B/cing Co., requests for approval of a dropout agreement, granted, August 13, 1969.

Kona Koast B/cing Co., Kealakekua, Hawaii, granted, August 13, 1969. Monticello B/cing, Monticello, Miss., granted, August 13, 1969.

New Boston TV, Inc., WSBK-TV, Boston, Mass., granted, August 13, 1969. Central Ohio B/cing Co. and Runnymede, Inc., Heath, Ohio, dropout agreement, approved and application by Central, dismissed, August 20, 1969.

Valley B/cing, Inc., and Putnam B/cing Co., Inc., Hurricane, W. Va., dropout agreement approved, application of Putnam, granted, August 20, 1969. Christian Enterprises, Inc., Glendive, 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, adopted, June 11, 1969.

Ottaway Stations, Inc., Oneonta, N.Y., June 18, 1969.

Brinsfield B/cing Co., Peoria, Ill.; Peoria Community B/cers, Inc., Peoria, Ill.; and Clark B/cing Co., Peoria, Ill., June 25, 1969.

WELK, Inc., Charlottesville, Va.; WUVA, Charlottesville, Va., June 25, 1969.

Pleasant B/cing Co.; Chariton Radio Co.; BCST Co. of Iowa, Inc., and Mount Pleasant Radio Co., Mount Pleasant, Iowa, July 2, 1969.

Western Union Telegraph Co., July 9, | King & King B/cers, Paoli, Ind., and

1969.

National B/cing Co., Inc., KNBC, Los Angeles, Calif., and Voice of Los Angeles, Inc., Los Angeles, Calif., July 9, 1969.

Big Chief B/cing Co. of Lawton, Inc. and Progressive B/cing Co., Lawton. Okla., July 9, 1969.

Wireless of Indiana, Jeffersonville, Ind., July 29, 1969.

Trans America B/cing Corp., stations KTYM and KTYM-FM, Inglewood, Calif., July 29, 1969.

Dinkel, Stephen E. and Christensen B/cing Co., Inc., Humbolt, Iowa, August 27, 1969.

EXTENSION OF TIME

Western N.C. B/cers, Inc., WWII, Can- | National Association of B/cers, request ton, N.C., request that time for presentation of oral argument be extended from 20 minutes to 30 minutes, granted, June 11, 1969.

10 days extension of time for filing comments in re code provision applicable to cigarettes, granted, June 30, 1969.

NOTICE OF INQUIRY

Letter (No. 35003) in re Notice of Inquiry preparatory to the ITU Space WARC, adopted, August 13, 1969.

NOTICE OF PROPOSED RULE MAKING

State Educational Radio and TV Facil- | Amendment of part 95 to permit Citi

ity Board (of Iowa) and Northwest TV Co., KVDF-TV, Fort Dodge, Iowa, notice of proposal to amend sec. 73.606, adopted, June 18, 1969. Notice of proposal to amend parts 83 and consequently, 85, adopted, June 25, 1969.

Notice of proposal to amend parts 81, 83, and 85, adopted June 25, 1969. Notice of proposal to amend parts 81, 83, 85, 87, 89, 91, 93, 95, and 99, adopted, June 25, 1969. Aeronautical Radio, Inc., amendment of part 91, adopted June 25, 1969. Notice of proposal to amend part 2, adopted, July 2, 1969.

Maryland Educational-Cultural B/cing Comm., notice of proposal to amend sec. 73.606, adopted, July 2, 1969. Amendment of sec. 1.526 concerning availability of material required to be at the station for public inspection, adopted, July 9, 1969.

Amendment of part 73, sec. 73.682(a), concerning the use of coded informa- | tion in TV identification, adopted, July 9, 1969.

Amendment of part 73 concerning the

operating power of standard broadcast stations, adopted, July 15, 1969. Amendment of Annual Report Form M and Monthly Report Form 901 for telephone companies, adopted, July 29, 1969.

zens radio stations to transmit information in re local traffic conditions, adopted, August 6, 1969.

United Airlines, Inc., amendment of subpart L of part 91 to permit the use of base station signal boosters by persons regularly licensed to operate base stations at air terminals, August 6, 1969.

Amendment of part 89, relating to radio call box operations, adopted, August 6, 1969.

Irby & Sanders, Columbus, Miss.,

amendment of sec. 73.606(b), to assign UHF channel 27 to Columbus, Miss., adopted, August 6, 1969. Amendment to parts 2, 81, and 83 and the deletion of part 85, to establish for the State of Alaska, requirements for the use of radiotelephony, radiotelegraphy, and single sideband emissions, adopted, August 13, 1969. Amendment of parts 2, 81, and 83 to establish requirements for the use of single sideband radiotelephony for the Great Lakes, adopted, August 13, 1969.

Amendment of part 91, to provide for the expanded use of signaling devices on a regular basis, adopted, August 20, 1969.

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