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SUBJECT DIGEST

ACCOUNTING ORDER

ORDER WITHDRAWING THE DEFERRED CREDIT ACCOUNTING REQUIREMENTS IMPOSED ON COMSAT AFTER COMMISSION EXAMINATION OF COMSAT FINANCIAL RECORDS. COMSAT 492

ADVERTISING MISLEADING

REQUEST FOR SPECIAL TEMPORARY AUTHORITY TO CHANGE FACILITIES, DENIED, IN VIEW OF POSSIBLE PREJUDICIAL EFFECT ON FORTHCOMING COMPARATIVE HEARING, MUTUALLY EXCLUSIVE APPLICATIONS INVOLVING RENEWAL APPLICANT AND NEW APPLICANT DESIGNATED FOR HEARING AS TO FALSE, MISLEADING AND DECEPTIVE ADVERTISING, A SUBURBAN ISSUE AND A COMPARATIVE ISSUE. UNITED TV CO., INC. 363

AFFIDAVIT

PETITION TO ENLARGE ISSUES, DENIED SINCE THE UNCONTROVERTED AFFIDAVITS OF THE APPLICANT AND A THIRD PARTY DENY THE EXISTENCE OF ANY UNDISCLOSED AGREEMENT CONCERNING THE OPERATION OF THE PROPOSED STATION, AND SUFFICIENTLY DISPEL ANY DOUBTS RAISED BY THE PETITIONER. ALLEN, LESTER H. 1

AGREEMENT REIMBURSEMENT

REIMBURSEMENT AGREEMENT APPROVED AND APPLICATION GRANTED SUBJECT TO REVIEW BOARDS DETERMINATION OF AMOUNT OF OUT-OF- POCKET EXPENSE REIMBURSABLE TO WITHDRAWING APPLICANTS. GREAT RIVER B/CING, INC. 212

JOINT REQUEST FOR APPROVAL OF SETTLEMENT, GRANTED WHERE WITHDRAWAL AND REIMBURSEMENT PROVISIONS WERE MADE. TYLER TV CO. 361

AN AGREEMENT BY WHICH SEVEN APPLICATIONS ARE TO BE DISMISSED WITH REIMBURSEMENT FOR EXPENSES AND ONE APPLICATION IS TO BE GRANTED, WAS APPROVED, SINCE ALL EXPENSES WERE SUBSTANTIATED. GREAT RIVER B/CING, INC. 592

AN APPLICATION FOR A STANDARD BROADCAST STATION WAS GRANTED AS THE RESULT OF A REIMBURSEMENT AND DROP-OUT AGREEMENT. GREAT RIVER BICING, INC. 592

A REIMBURSEMENT AGREEMENT WHEREBY ONE APPLICATION WILL BE GRANTED AND THE OTHER DISMISSED, WAS APPROVED AND A CP FOR A NEW FM STATION WAS GRANTED SINCE A FINANCIAL AND SUBURBAN ISSUE WERE RESOLVED IN FAVOR OF THE REIMBURSING APPLICANT. H&C B/CING CO. 901

IN A REIMBURSEMENT AND DROP-OUT PROCEEDING WHERE ONLY ONE APPLICANT REMAINS, COMPARATIVE CRITERIA INCLUDING AM-FM PROGRAM DUPLICATION PROPOSAL ARE NOT SIGNIFICANT. H&C B/CING CO. 901

AGREEMENT TO WITHDRAW

REQUEST FOR APPROVAL OF AGREEMENT TO WITHDRAW IS GRANTED AND REMAINING APPLICATION FOR FM STATION IS GRANTED. IMES, JR., BIRNEY 179

JOINT REQUEST FOR APPROVAL OF AGREEMENT FOR WITHDRAWAL AND GRANT, GRANTED. BLUE RIBBON B/CING, INC. 103

JOINT REQUEST FOR APPROVAL OF SETTLEMENT, GRANTED WHERE WITHDRAWAL AND REIMBURSEMENT PROVISIONS WERE MADE. TYLER TV CO. 361

ALIEN OWNERSHIP

RECONSIDERATION OF AN ORDER DESIGNATING ISSUES AS TO ALIEN OWNERSHIP (SEC 310(A)(57) DENIED ON GROUNDS THAT A POST DESIGNATION AGREEMENT PUTTING VOT. ING RIGHTS IN U.S. CITIZENS IS NOT GROUNDS FOR RECONSIDERATION OF DESIGNATION ORDER (SEC. 1.111(A)(2)). AIRSIGNAL INTERNATIONAL, INC. 867

AM RECEPTION SERVICE IN FM ASSIGNMENTS

A PETITION FOR RECONSIDERATION OF A DECISION (17FCC2D121). GRANTED ON GROUNDS THAT THE DECISION WAS BASED PRINCIPALLY ON RELIANCE ON OVERLAP SHOWN BY M-3 MEASUREMENTS WHEREAS ACTUAL MEASUREMENTS SHOWED NO OVER. LAP, AND FIRST TIME CONSIDERATION OF AM RECEPTION SERVICES IN FM PROCEEDING FM PROCEEDING. CHEROKEE B/CING CO. 488

AMENDMENT ENGINEERING CHANGE

ON REMAND, AN APPLICATION WHICH WHEN TENDERED VIOLATED THE OVERLAP RULE (SEC. 73.37(A)) BUT WAS LATER AMENDED TO CURE THE DEFECT, WAS ACCEPTED FOR FIL. ING NUNC PRO TUNC THE DATE OF ITS ORIGINAL TENDER, SINCE THE AMENDMENT DID NOT REQUIRE ASSIGNMENT OF A NEW FILE NUMBER (SEC. 1.571(J) (1)). HOME SERVICE B/CING CORP. 911

AMERICAN TELEPHONE AND TELEGRAPH

RECONSIDERATION OF AN ORDER ALLOWING NEW AND REVISED INTERCONNECTION AND FOREIGN ATTACHMENT TARIFFS OF A.T.&T. TO GO INTO EFFECT WITHOUT HEARING OR INVESTIGATION, DENIED, SINCE SUCH PROCEDURE IS WITHIN THE DISCRETION OF THE COMMISSION. AMER. TEL. & TEL. 871

ANNUAL REPORT FORM

SECTIONS 1.785, 21.300, AN 43.21 WERE AMENDED BY THE ADOPTION OF FCC FORM P ON WHICH TO FILE ANNUAL REPORTS BY LICENSEES IN THE DOMESTIC PUBLIC POINT-TOPOINT MICROWAVE RADIO SERVICE WHO ARE MISCELLANEOUS COMMON CARRIERS. ANNUAL REPORT FORM P 569

ANTENNA DIRECTIONAL

APPLICATION TO MODIFY AUTHORIZED DIRECTIONAL PATTERN, RETURNED AS UNACCEPTABLE AND WAIVER OF SEC. 73.37(A) DENIED, SINCE PROHIBITED OVERLAP IN AREAS ALREADY OVERLAPPED DOES NOT CONDONE FURTHER CHANNEL EROSION, AND NO REASONS BEYOND APPLICANTS CONTROL HAVE BEEN ADVANCED. KOCH B/CING CORP. 810

ANTENNA DIRECTIONAL, EFFECTIVE FIELD

PETITION TO INTERVENE AND TO ENLARGE ISSUES, GRANTED SINCE THERE ARE SUBSTANTIAL QUESTIONS CONCERNING APPLICANTS ABILITY TO CONSTRUCT AND MAINTAIN ITS PROPOSED DIRECTIONAL ANTENNA WITHIN THE RADIATION VALUES PROPOSED AND THUS PROVIDE THE NECESSARY PROTECTION TO PETITIONER. (SEC. 73.187). VIRGINIA BICERS 92

ANTENNA FARM

REQUEST TO FORM ANTENNA FARM, DENIED, AND APPLICATIONS DESIGNATED FOR HEARING ON ISSUE OF ADVERSE IMPACT ON UHF DEVELOPMENT IN THE PROPOSED SEAVICE AREAS. SOUTH CAROLINA ED. TV COMM. 328

ANTENNA HEIGHT

APPLICATION FOR INCREASED ANTENNA HEIGHTS AND CHANGED TRANSMITTER SITE OF TV STATION GRANTED WHERE PETITION TO DENY WAS UNTIMELY FILED AND WHERE NO MATERIAL OR SUBSTANTIAL QUESTIONS OF FACT WERE RAISED. STAUFFER PUBLICATIONS, INC. 183

TWO MUTUALLY EXCLUSIVE APPLICATIONS FOR A NEW STANDARD B/C STATION WERE DESIGNATED FOR HEARING ON A COMPARATIVE ISSUE, A SUBURBAN ISSUE, AND ISSUES AS TO CHARACTER QUALIFICATIONS, FINANCIAL QUALIFICATIONS, SUITABILITY OF ANTENNA SITE AND AIR HAZARD. HOME SERVICE BICING CORP. 911

ANTENNA TOWER CONSTRUCTION

ISSUES WERE ENLARGED TO INQUIRE INTO ONE APPLICANTS ACCESS TO ITS PROPOSED ANTENNA SITE AND THE FEASIBILITY AND COST OF USING HELICOPTERS FOR TRANSPORTING MEN AND MATERIALS TO THE PROPOSED SITE. KBLI, INC. 920

ANTENNA TOWER LOCATING

FOUR MUTUALLY EXCLUSIVE APPLICATIONS WERE DESIGNATED FOR HEARING ON A SEC. 307(B) ISSUE, A SUBURBAN ISSUE, AND ISSUES AS TO TOWER HEIGHT AND LOCATION, FINANCIAL QUALIFICATIONS, AND RELIGIOUS PROGRAMMING. HARRISON RADIO, INC. 907

ANTI-TRUST ANTI-COMPETITIVE PRACTICE

RENEWAL OF ABC STATIONS WERE GRANTED WITHOUT HEARING, SINCE THE ISSUE OF ANTICOMPETITIVE CONDUCT IS NOW MOOT, AND PETITIONER HAS NOT PRESENTED ANY REMAINING UNRESOLVED QUESTIONS OF FACT. AMERICAN B/CING CO. 3

REQUEST FOR ISSUE OF EVIDENCE OF MERITORIOUS PAST PERFORMANCE GRANTED TO MITIGATE UNFAVORABLE FINDINGS AGAINST LICENSEE ON ISSUES OF ANTI-TRUST PRACTICES, NEWS SLANTING, AND PUBLIC INTEREST, BUT DENIED AS TO CONCENTRATION OF CONTROL, CHRONICLE BICING CO. 120

MOTION TO ENLARGE ISSUES IN A PROCEEDING FOR ACQUISITION OF TWX FACILITIES TO INCLUDE ISSUES CONCERNING WHETHER PROPOSED TARIFFS ARE DISCRIMINATORY, CONTRACTUAL PROVISIONS ARE ANTI- COMPETITIVE, AND THE EFFECT ON OTHER COMMUNICATIONS, DENIED, SINCE TARIFF QUESTION MAY BE CONSIDERED SEPARATELY UNDER SECTIONS 201(B) AND 202(A) AND OTHER REQUESTED ISSUES ARE WITHIN THE SCOPE OF THE SPECIFIED ISSUES. WESTERN UNION TELEGRAPH CO. 566

PETITION FOR RECONSIDERATION OF RENEWAL OF LICENSE, DENIED, WHERE CHARGE THAT LICENSEE HAD ENGAGED IN ANTI-COMPETITIVE PRACTICES AGAINST PETITIONER, A COMPETITIVE BROADCASTER, WERE NOT SUSTAINED, BUT LICENSEE ADMONISHED FOR CIRCUMVENTING THE COMMISSION BY ATTEMPTING TO DIRECTLY KEEP PETITIONERS SIGNAL OFF A CABLE SYSTEM. CENTRAL COAST B/CERS, INC. 792

A HEARING WAS ORDERED TO DETERMINE IF THE ACTIONS OF SEVERAL TELEPHONE COMPANIES WITH RELATION TO CATV CHANNEL FACILITIES REQUIRE SEC. 214 CERTIFICATION, AND WHETHER THOSE ACTIONS ARE ANTICOMPETITIVE AND MONOPOLISTIC IN NATURE, IN CONTRAVENTION OF THE COMMUNICATIONS ACT. MANATEE CABLEVISION, INC. 812

APPEAL FROM EXAMINERS ADVERSE RULING

REQUEST FOR ENLARGEMENT OF ISSUES DISMISSED AND APPEAL FROM EXAMINERS RULING DENYING REQUEST FOR RECONSIDERATION, DENIED, SINCE EXAMINERS RULING ON DISCOVERY REQUESTS CANNOT BE OVERTURNED, ABSENT AN APPARENT ABUSE OF HIS BROAD DISCRETIONARY POWERS (SECS. 1.311(C)) AND (1313). SUMITON BICING CO., INC. 78

TO INSURE FAIR AND COMPLETE HEARING ON AN ASSIGNMENT OF LICENSE PROCEEDING THE RECORD WAS REOPENED TO ALLOW FURTHER EVIDENTIARY PRESENTATION WHERE THE EXAMINER, IN ORDER TO EXPEDITE THE PROCEEDING AS DIRECTED, DENIED A REQUEST FOR ADDITIONAL TIME TO PREPARE BY PARTIES OPPOSING A GRANT. GALE B/CING CO. INC. 162

REVIEW OF A HEARING EXAMINERS RULING WHICH ALLOWED A SOLE APPLICANT TO AMEND THE FINANCIAL PORTION OF ITS APPLICATION, DENIED, SINCE NO PREJUDICE AT. TACHED BY THE LATE FILING (SEC. 1.522(B)) AND THE AMENDMENT MERELY UPDATES APPLICANTS FINANCIAL STATEMENT. MACE B/CING CO. 950

APPLICATION ACCEPTANCE OF

FM APPLICATION FILED FOR CITY OTHER THAN THAT SPECIFIED IN APPLICATION WHICH BECAME A DROP OUT REJECTED AS NOT MEETING THE REQUIREMENTS OF SEC. 1.525 GOVERNING 307(B) CHOICES. VALLEY BICING CO. 564

RECONSIDERATION OF AN ORDER WAIVING FILING REQUIREMENTS (SEC. 73.203(B)) AND ACCEPTING AN APPLICATION FOR FILING, DENIED, SINCE THE APPLICATION WAS FILED BE FORE THE EFFECTIVE DATE OF AMENDMENT OF SEC. 73.203(8). HARRISON RADIO, INC. 907

ON REMAND, AN APPLICATION WHICH WHEN TENDERED VIOLATED THE OVERLAP RULE (SEC. 73.37(A)) BUT WAS LATER AMENDED TO CURE THE DEFECT, WAS ACCEPTED FOR FILING NUNC PRO TUNC THE DATE OF ITS ORIGINAL TENDER, SINCE THE AMENDMENT DID NOT REQUIRE ASSIGNMENT OF A NEW FILE NUMBER (SEC. 1.571(J)(1)). HOME SERVICE B/CING CORP. 911

APPLICATION AMENDMENT OF

PETITION TO ENLARGE ISSUES TO INCLUDE FINANCIAL ISSUES, DENIED, SINCE PETITIONER FAILED TO TAKE INTO ACCOUNT APPLICANTS AMENDMENT (SEC. 1.65) WHICH PROVIDES A SUFFICIENT CUSHION TO COVER UNPREDICTED EXPENSES. SNAKE RIVER VALLEY TV, INC. 70

AN AMENDMENT TO REFLECT CHANGES IN THE BROADCAST INTERESTS AND EMPLOY. MENT OF TWO STOCK SUBCRIBERS OF ONE OF THE APPLICANTS FOR A CP, ACCEPTED. CHAPMAN RADIO & TV CO. 589

REVIEW OF A HEARING EXAMINERS RULING WHICH ALLOWED A SOLE APPLICANT TO AMEND THE FINANCIAL PORTION OF ITS APPLICATION, DENIED, SINCE NO PREJUDICE ATTACHED BY THE LATE FILING (SEC. 1.522(8)) AND THE AMENDMENT MERELY UPDATES AP. PLICANTS FINANCIAL STATEMENT. MACE B/CING CO. 950

APPLICATION ASSIGNMENT

PETITION TO DENY APPLICATION FOR ASSIGNMENT OF LICENSE, DENIED AND APPLICATION GRANTED ON THE CONDITION THAT THE ASSIGNMENT WILL NOT BE EFFECTUATED UNTIL THE MATTER OF LIABILITY FOR VIOLATION OF COMMISSION RULES HAS BEEN RESOLVED. GEMINI ENTERPRISES 11 28

APPLICATION DISMISSAL OF

PETITION TO ENLARGE ISSUES, DISMISSED. DUE TO DISMISSAL OF OPPOSING APPLICATION. BRINSFIELD B/CING CO. 481

APPLICATION FILING

APPLICATION FOR REVIEW DENIED, BUT SEC. 1.519 WAIVED TO PERMIT APPLICANT TO FILE A NEW APPLICATION FOR MODIFICATION OF ITS FACILITIES. CENTRAL COAST B/CERS, INC. 885

APPLICATION IN DOMESTIC PUBLIC LAND RADIO MOBILE SERVICE DENIED, WHERE AP. PLICANT LACKED THE CERTIFICATE OF CONVENIENCE AND NECESSITY REQUIRED BY THE

STATE PRIOR TO FEDERAL LICENSING. COMPARATIVE CONSIDERATION AFFORDED ONLY THOSE APPLICATIONS WHICH ARE ON FILE. TWO WAY RADIO OF CAROLINA, INC. 356

AN APPLICATION TENDERED FOR FILING ON JULY 8, 1969, WAS ACCEPTED FOR FILING EVEN THOUGH A RECENT CHANGE IN SEC. 1.516 WOULD HAVE REQUIRED THAT IT BE FILED BY JUNE 25. 1969. THIS WAS DUE TO AN AMBIGUITY IN A PREVIOUS ORDER. DUDLEY STATION CORP. 898

APPLICATION GRANTED

TWO APPLICATIONS GRANTED AS A RESULT OF NEW CHANNEL ADDITION, REMOVING MUTUAL EXCLUSIVITY. BROADCASTERS UNLIMITED 105

APPLICATION PROCESSING OF

APPLICATIONS FOR SIX NEW STATIONS IN THE DOMESTIC PUBLIC POINT-TO-POINT MICROWAVE RADIO SERVICE IN ALASKA WERE RETURNED TO THE PROCESSING LINE SINCE THE APPLICANT HAS NOT RECEIVED THE NECESSARY AUTHORIZATIONS FROM THE STATE OF ALASKA. COMMUNICATIONS ENGINEERING, INC. 590

APPLICATION PUBLIC INSPECTION OF

A PETITION FOR RECONSIDERATION OF AN APPLICATION WHICH WAS DISMISSED FOR FAILURE TO FILE FOR PUBLIC INSPECTION (SEC. 1.580(F)(10)) AND FOR FAILURE TO RESPOND TO OFFICIAL CORRESPONDENCE (SEC. 1.568(B)) GRANTED, SINCE REINSTATEMENT WILL PERMIT A SEC. 307(8) COMPARISON (EQUITABLE DISTRIBUTION). K&M B/CASTERS INC. 514

APPLICATION SUBSTANTIAL CHANGE

REQUEST FOR RENEWAL OF LICENSE, GRANTED, WHERE APPLICANTS VIOLATIONS OF 1.65 (CORRECTING APPLICATION) AND 1.613 (FILING OF CONTRACTS) WERE HELD NOT DISQUALIFYING. WMGS, INC. 377

REQUEST FOR ADDITION OF SEC. 1.65 (SUBSTANTIAL APPLICATION CHANGES) ISSUE, GRANTED ON GROUNDS THAT APPLICANT FAILED TO REPORT OTHER BROADCAST INTERESTS ACQUIRED SUBSEQUENT TO FILING APPLICATION. STAFFING RATHER THAN MISREPRESENTATION ISSUE CALLED FOR WHERE APPLICANT PROPOSES TO FULFILL TWO FULL TIME JOBS AT DIFFERENT LOCATIONS. DEWITT RADIO 494

APPLICATION WITHDRAWAL

APPLICATION GRANTED UPON WITHDRAWAL OF ONE APPLICANT THEREBY REMOVING MUTUAL EXCLUSIVITY. PBW B/CING CORP. 255

APPLICATION, GRANTED, WHERE WITHDRAWALS RENDERED EXCLUSIVITY ISSUE MOOT AND GRANT WAS IN PUBLIC INTEREST. OUTER BANKS RADIO CO. 534

ASSIGNMENT QUALIFICATIONS OF ASSIGNEE

FURTHER INFORMATION WAS REQUESTED FROM APPLICANTS FOR A VOLUNTARY ASSIGNMENT OF LICENSE OF A RADIO STATION SINCE SERIOUS QUESTIONS HAVE BEEN RAISED AS TO WHETHER ASSIGNEE WILL USE THE STATION TO PROMOTE ITS PRIVATE INTERESTS. TIDEWATER B/CING CO. 860

AUTHORITY SPECIAL

AFTER SEPT. 14, 1969, PRESUNRISE OPERATIONS SHALL BE CONDUCTED ONLY PURSUANT TO A PRESUNRISE SERVICE AUTHORITY (PSA). PRESUNRISE OPERATION 705

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