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 VOTING 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 OVERLAP, 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 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 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, AND 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 B/CERS 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 SER. VICE 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 B/CING 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 B/CING 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 B/CING 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 ATTACHED 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 B/CING 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 BEFORE THE EFFECTIVE DATE OF AMENDMENT OF SEC. 73.203(B). 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 EMPLOYMENT 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(B)) AND THE AMENDMENT MERELY UPDATES APPLICANTS 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 II 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 APPLICANT 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(B) 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 AUXILIARY STUDIO WHERE AN AUXILIARY STUDIO IS CONSTRUCTED OUTSIDE CITY OF LICENSE, SECTION 73.613 (MAIN STUDIO RULES) REQUIRES THAT MORE THAN 50 PERCENT OF THE STATIONS PROGRAMS, EXCLUSIVE OF NETWORK PROGRAMS, ORIGINATE FROM THE STUDIO IN THE CITY OF LICENSE. NATIONWIDE COMMUNICATIONS, INC. 171 BILL OF PARTICULARS A REQUEST TO SHIFT THE BURDEN OF PROOF FROM THE RENEWAL APPLICANT TO THE COMPLAINANT ON ISSUES AS TO UNDUE CONCENTRATION OF CONTROL AND UNFAIR COMPETITION, DENIED, SINCE MUCH OF THE INFORMATION SOUGHT IS PECULIARLY WITHIN THE KNOWLEDGE OF THE APPLICANT (SEC. 309(E)) AND A BILL OF PARTICULARS IS REQUIRED BY COMPLAINING PARTIES. MIDWEST RADIO-TV, INC. 1011 BILLING PRACTICES, FRAUDULENT FORFEITURE OF 7,500 ORDERED FOR VIOLATION OF SECTIONS 73.124 AND 73.299 (FRAUDULENT BILLING PRACTICES). PERRY RADIO, INC. 175 FORFEITURE IN THE AMOUNT OF 3,000 ORDERED FOR VIOLATION OF 73.299 (FRAUDULENT BILLING). FAULKNER RADIO, INC. 207 BLACK OUT PETITION FOR WAIVER OF THE HEARING REQUIREMENTS OF SEC. 74.1107 (DISTANT SIGANL RULE) GRANTED, SUBJECT TO NONCARRIAGE OF THE SAN FRANCISCO 49ERS FOOTBALL GAMES. STORER CABLE TV INC. 1046 BLANKET AREAS AN INCREASE OF POWER BY A CLASS IV STATION WAS GRANTED SINCE IN COMPUTING THE NUMBER OF PERSONS WITHIN THE 1.0 V PER METER BLANKET CONTOUR, TRANSIENT POPULATION SHOULD NOT BE COUNTED SEC. 73.24(G)). KADA B/CING INC. 808 BROADCAST BUREAU SEC. 0.281(KK) WAS AMENDED BY DELEGATING TO THE CHIEF, BROADCAST BUREAU, AUTHORITY TO DENY REQUESTS FOR MULTIPLE-CITY IDENTIFICATION WHICH DO NOT SHOW STRICT COMPLIANCE WITH PRINCIPAL CITY REQUIREMENTS. MULTIPLE CITY IDENT. OF B/C STATIONS 463 BURDEN OF PROOF, STATUTORY BURDEN A REQUEST TO SHIFT THE BURDEN OF PROOF FROM THE RENEWAL APPLICANT TO THE COMPLAINANT ON ISSUES AS TO UNDUE CONCENTRATION OF CONTROL AND UNFAIR COMPETITION, DENIED, SINCE MUCH OF THE INFORMATION SOUGHT IS PECULIARLY WITHIN THE KNOWLEDGE OF THE APPLICANT (SEC. 309(E)) AND A BILL OF PARTICULARS IS REQUIRED BY COMPLAINING PARTIES. MIDWEST RADIO-TV, INC. 1011 CALL LETTERS, TO BE WITHDRAWN RECONSIDERATION OF AN ORDER DELETING CALL LETTERS AND REQUEST FOR WAIVER OF SEC. 1.550(B)(1), DENIED. ATLANTIC VIDEO CORP. 782 A FORFEITURE PROCEEDING WAS TERMINATED SINCE THE LICENSEES RENEWAL APPLICATION HAS BEEN DISMISSED AND THE CALL LETTERS DELETED. UNITED B/CING CO. 864 CANDOR LACK OF LACK OF CANDOR AND COST OF CONSTRUCTION ISSUES ADDED BASED ON DISCREPENCIES AND VAGUENESS IN APPLICANTS ORIGINAL AND AMENDED APPLICATION. STEPHENSON, HARRY D. AND ROBERT E. 337 |