REQUEST FOR A COMPARATIVE PROGRAMING ISSUE DENIED WHERE PETITIONER FAILED TO ALLEGE SUFFICIENT FACTS TO RELATE ITS CLAIMED SUPERIORITY IN MUSIC FORMATS TO ITS EFFORTS TO ASCERTAIN COMMUNITY NEEDS AS REQUIRED BY THE COMMISSION. TACO, INC. 219 COMMUNITY QUALIFICATIONS 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 COMMUNITY SURVEY APPLICATION FOR CONSENT TO THE VOLUNTARY ASSIGNMENT OF A STANDARD BROADCAST STATION, DENIED, SINCE APPLICANTS STEPS TO ASCERTAIN THE COMMUNITYS NEEDS AND INTERESTS WERE INADEQUATE, THE PROPOSED PROGRAMMING CANNOT BE REGARDED AS RESPONSIVE TO PROPERLY DETERMINED NEEDS, AND THERE IS NO ASSURANCE THAT THE PROPOSAL IS REALISTICALLY FOR THE LOCAL COMMUNITY. CITY OF CAMDEN 412 COMPARATIVE CONSIDERATIONS PETITION TO CONSTRUE OR ENLARGE ISSUES TO ASSURE COMPARATIVE COVERAGE CONSIDERATION GRANTED, SINCE THE DIFFERENCE IN WHITE AREA COVERAGE ALLEGED BY THE PETITIONER COULD BE SIGNIFICANT, AND EVIDENCE OF COVERAGE CAN BE RECEIVED UNDER THE STANDARD COMPARATIVE ISSUE. JACO, INC. 677 COMPARATIVE COVERAGE ISSUE IN A COMPARATIVE HEARING BETWEEN A RENEWAL APPLICANT AND A NEW APPLICANT A REQUESTED ISSUE BY THE NEW APPLICANT SEEKING THE FACILITIES OF THE RENEWAL APPLICANT, DENIED, SINCE PETITIONER DID NOT APPLY FOR THOSE FACILITIES IN ITS APPLICATION, COMPARATIVE EFFICIENCY IS REQUIRED UNDER THE CONTINGENT COMPARATIVE ISSUE. NEW ERA B/CING CO., INC. 232 PETITION TO CONSTRUE OR ENLARGE ISSUES TO ASSURE COMPARATIVE COVERAGE CONSIDERATION GRANTED, SINCE THE DIFFERENCE IN WHITE AREA COVERAGE ALLEGED BY THE PETITIONER COULD BE SIGNIFICANT, AND EVIDENCE OF COVERAGE CAN BE RECEIVED UNDER THE STANDARD COMPARATIVE ISSUE. JACO, INC. 677 COMPARATIVE FACTORS AN ISSUE TO DETERMINE IF APPLICANTS FAILURE TO DISCLOSE CERTAIN BUSINESS INTERESTS OF A PRINCIPAL REFLECTS ADVERSELY UPON ITS QUALIFICATIONS TO BE A LICENSEE, DENIED. HOWEVER, AN ISSUE WAS ADDED TO DETERMINE WHETHER SUCH FAILURE REFLECTS ADVERSELY ON THE APPLICANTS COMPARATIVE QUALIFICATIONS. GREAT SOUTHERN B/CING CO. 599 COMPARATIVE ISSUE, CONTINGENT IN A COMPARATIVE HEARING BETWEEN A RENEWAL APPLICANT AND A NEW APPLICANT A REQUESTED ISSUE BY THE NEW APPLICANT SEEKING THE FACILITIES OF THE RENEWAL APPLICANT, DENIED, SINCE PETITIONER DID NOT APPLY FOR THOSE FACILITIES IN ITS APPLICATION, COMPARATIVE EFFICIENCY IS REQUIRED UNDER THE CONTINGENT COMPARATIVE ISSUE. NEW ERA B/CING CO., INC. 232 COMPETITION APPLICANT AUTHORIZED TO DELIVER NETWORK RADIO AND TV PROGRAMS TO CANADA (SEC. 325(B)), HOWEVER, WITH RESPECT TO PROPOSAL OF DELIVERY TO TIJUANA, MEXICO, THE APPLICATION IS DESIGNATED FOR HEARING ON ISSUES CONCERNING COMPETITION TO AMERICAN STATIONS AND AVAILABILITY OF ABC NETWORK PROGRAMS TO AMERICAN CITY IF APPLICATION IS DENIED. AMERICAN B/CING COS., INC. 641 COMPETITIVE PRACTICES 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 COMPLAINT COMMON CARRIER A.T.&T. AND ALL-AMERICA CABLES & RADIO, INC. ORDERED TO REDUCE THE CHARGES PER WHOLE CIRCUIT TO RATE OF 30,000 PER ANNUM AND TO CEASE THE USE OF 13 VOICE CIRCUITS TO BE REPLACED BY 13 SATELLITE VOICE CIRCUITS BETWEEN THE MAINLAND AND PUERTO RICO TO BE MADE AVAILABLE BY COMSAT. AMER. TEL & TEL. 392 COMSAT AUTHORIZATION AUTHORIZATION TO PARTICIPATE IN THE PROPOSED LAUNCH AND TESTING OF THE INTELSAT III (F-5) SATELLITE, GRANTED, SUBJECT TO CONDITIONS. COMSAT 652 COMSAT AUTHORIZE USERS INTERNATIONAL COMMON CARRIERS WERE AUTHORIZED TO LEASE FROM COMSAT AND TO OPERATE SATELLITE TV CHANNELS BETWEEN EARTH STATIONS AND SATELLITES, AND TO ACQUIRE AND OPERATE CONNECTING LANDLINE FACILITIES TO PROVIDE TV TRANSMISSION OR RECEPTION SERVICES. AMER. TEL. & TEL. 402 COMSAT EARTH STATION COMPLEX WAIVER OF THE PROCUREMENT RULES WAS GRANTED TO PERMIT COMPLETION OF A MICROWAVE LINK AND A POWERHOUSE REQUIRED FOR OPERATION OF THE COMMUNICATIONS SATELLITE EARTH STATION IN GUAM. RCA GLOBAL COMM., INC. 822 COMSAT FACILITIES A.T.&T. AND ALL-AMERICA CABLES & RADIO, INC. ORDERED TO REDUCE THE CHARGES PER WHOLE CIRCUIT TO RATE OF 30,000 PER ANNUM AND TO CEASE THE USE OF 13 VOICE CIRCUITS TO BE REPLACED BY 13 SATELLITE VOICE CIRCUITS BETWEEN THE MAINLAND AND PUERTO RICO TO BE MADE AVAILABLE BY COMSAT. AMER. TEL & TEL. 392 7 COMSAT INTERIM AUTHORIZATION REQUEST FOR WAIVER OF 25.166 (PROCUREMENT RULES), DENIED, WHERE OTHER APPLICANT DEMONSTRATED THAT REQUIREMENTS COULD BE MET WITHOUT SUCH A WAIVER, AND THE REQUESTED TEMPORARY AUTHORITY BY RCA IS WITHHELD PENDING CONSULTATION AND AGREEMENT BETWEEN INTERESTED CARRIERS FOR GUAM COMSAT OPERATION. RCA GLOBAL COMM. INC. 261 COMMISSION ORDERED ORAL ARGUMENT ON MATTER OF ESTABLISHING AN INTERIM SATELLITE EARTH STATION ON GUAM. RCA GLOBAL COMM., INC. 266 COMSAT TV SERVICE VIA SATELLITE INTERNATIONAL COMMON CARRIERS WERE AUTHORIZED TO LEASE FROM COMSAT AND TO OPERATE SATELLITE TV CHANNELS BETWEEN EARTH STATIONS AND SATELLITES, AND TO ACQUIRE AND OPERATE CONNECTING LANDLINE FACILITIES TO PROVIDE TV TRANSMISSION OR RECEPTION SERVICES. AMER. TEL. & TEL. 402 CONCENTRATION OF CONTROL 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 ADDITION OF A CONCENTRATION OF CONTROL ISSUE, DENIED, SINCE PETITIONER FAILED TO OFFER ANY DATA WITH RESPECT TO THE SIZE, EXTENT, OR LOCATION OF COMMON CARRIER SERVICE AREAS, THE NUMBER OF PEOPLE SERVED OR AVAILABILITY OF OTHER BROADCAST SERVICES TO THE AREA. (73.35)B). HARVIT B/CING CORP. 459 RENEWAL APPLICATION GRANTED AND PETITION TO DENY, DENIED, WHERE PETITIONER FAILED TO SUBSTANTIATE CHARGES OF CONCENTRATION OF CONTROL AND FAILURE TO OPERATE IN THE PUBLIC INTEREST. PROVIDENCE JOURNAL CO. 257 PETITION FOR RECONSIDERATION OF ORDER DESIGNATING APPLICATION FOR HEARING BECAUSE OF APPLICANTS MEDIA OWNERSHIP DENIED SINCE PETITIONER HAS NOT SUBSTANTIALLY SATISFIED THE CONCENTRATION OF CONTROL ISSUE. LEE ENTERPRISES, INC. 684 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 A REQUEST TO MODIFY A CONCENTRATION OF CONTROL ISSUE PENDING ESTABLISHMENT OF CHARGES UNDER OTHER ISSUES AND THE OUTCOME OF CURRENT RULEMAKING, DENIED, SINCE THAT ISSUE INVOLVES MATTERS INDEPENDENT OF THE OTHER ISSUES. MIDWEST RADIO-TV, INC. 1011 CONDUCTIVITY DETERMINATION OF COVERAGE 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 WAIVER OF SEC. 73.37 WAS GRANTED WHERE THERE WAS A TECHNICAL VIOLATION DUE TO THE HIGH CONDUCTIVITY SEA WATER PATHS SEPARTING THE ISLANDS OF ST. CROIX, V.I. AND PUERTO RICO. THE APPLICATION FOR A CP WAS PLACED IN THE PROCESSING LINE. FAJARDO B/CING CORP. 802 CONSOLIDATION MOTIONS TO CONSOLIDATE SEVERAL PENDING SEC. 214 APPLICATIONS WITH A NOTICE OF INQUIRY AND PROPOSED RULEMAKING IN DOCKET NO. 18509, DENIED, SINCE THERE ARE CERTAIN SIGNIFICANT POLICY OR LEGAL QUESTIONS WHICH SHOULD BE RESOLVED BEFORE THE SEC. 214 APPLICATIONS CAN BE CONSIDERED. CATV - SEC. 214 CERTIFICATES 615 CONSTRUCTION ADDITIONAL TIME PETITION FOR RECONSIDERATION OF ORDER DESIGNATING FOR HEARING AN APPLICATION FOR EXTENSION OF TIME FOR CONSTRUCTION DENIED. A PETITION TO ACCEPT ADDITIONAL PLEADING GRANTED SINCE ALL RELEVANT CONTENTIONS SHOULD BE CONSIDERED. RAPPAPORT, BERNARD 1022 CONSTRUCTION PERMIT AN APPLICATION FOR A NEW FM STATION WAS GRANTED SINCE THE APPLICANT WAS FINANCIALLY AND OTHERWISE QUALIFIED. CERIES, R. EDWARD 579 AN APPLICATION FOR A CP FOR A TV TRANSLATOR STATION, GRANTED, SINCE NO SUBSTANTIAL OR MATERIAL QUESTIONS OF FACT HAVE BEEN RAISED, THE APPLICATION IS CONSISTENT WITH SEC. 74.732(B), AND THE APPLICANT IS QUALIFIED TO CONSTRUCT, OWN, AND OPERATE THE PROPOSED TRANSLATOR STATION. OREGON B/CING CO. 612 CONSTRUCTION PERMIT EXTENSION RECONSIDERATION OF AN ORDER DENYING EXTENSION OF A CONSTRUCTION PERMIT, DENIED, SINCE PETITIONER HAS NOT BEEN PREVENTED FROM PROCEEDING EXPEDITIOUSLY BY FORCES BEYOND ITS CONTROL. CHANNEL 16 OF R.I., INC. 586 APPLICATION FOR ADDITIONAL TIME TO CONSTRUCT, DENIED, AND CP CANCELLED, SINCE THE APPLICANT DID NOT SHOW THAT ITS FAILURE TO CONSTRUCT WAS ATTRIBUTED TO UNFORSEEN CIRCUMSTANCES BEYOND ITS CONTROL. NELSON B/CING CO. 609 APPLICATION FOR ADDITIONAL TIME TO COMPLETE CONSTRUCTION OF A STANDARD BROADCAST STATION (SEC. 1.534(A)) GRANTED AFTER ORAL ARGUMENT UPON SHOWING OF UNFORESEEN CIRCUMSTANCES BECAUSE OF ILLNESS. BEACON RADIO, INC. 648 CONSTRUCTION PERMIT REVOCATION APPLICATION FOR ADDITIONAL TIME TO CONSTRUCT, DENIED, AND CP CANCELLED, SINCE THE APPLICANT DID NOT SHOW THAT ITS FAILURE TO CONSTRUCT WAS ATTRIBUTED TO UNFORSEEN CIRCUMSTANCES BEYOND ITS CONTROL. NELSON B/CING CO. 609 CONTOUR MEASUREMENTS A PETITION TO CHANGE ISSUES FROM DETERMINATION OF AREAS AND POPULATIONS TO ONE TO DETERMINE AVAILABILITY OF OTHER INTERFERENCE - FREE FM SERVICES TO 50 UV/M IN THE AREA, DENIED, SINCE SEC. 73.311 ELIMINATED THE 50 UV/M CONTOUR SHOWING FROM APPLICATIONS AND NO DECISIONAL SIGNIFICANCE WOULD ACCRUE. HARVIT B/CING CORP. 508 CONTRACT FAILURE TO FILE WITH FCC 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 CORRESPONDENCE FAILURE TO REPLY FORFEITURE OF 500 IS ORDERED FOR REPEATED VIOLATIONS OF SEC. 1.89 (REPEATED FAILURE TO RESPOND TO AN OFFICIAL NOTICE OF VIOLATION). ESTHER BLODGETT 6 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 COST CONSTRUCTION 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 COVERAGE PRINCIPAL CITY RECONSIDERATION OF AN ORDER DENYING A CHANGE IN TRANSMITTER SITE AND WAIVER OF SEC. 1.115(G), DENIED, SINCE PETITIONERS PROPOSAL HAS ALREADY BEEN REJECTED AS NOT COMPLYING WITH THE PRINCIPAL CITY REQUIREMENT AND NO BASIS FOR WAIVER HAS BEEN PRESENTED. CENTRAL COAST B/CERS, INC. 794 CROSS MODULATION APPLICATION BY AN FM STATION TO CHANGE TRANSMITTER SITE AND INCREASE FACILITIES, GRANTED WITHOUT CONDITION SINCE THERE IS LITTLE LIKELIHOOD THAT THE PROPOSAL WILL CAUSE CROSS MODULATION. BUCKLEY B/CING CORP. OF CAL. 880 DAMAGES CLAIM FOR FORMAL COMPLAINT DESIGNATED FOR EVIDENTIARY HEARING TO DETERMINE WHETHER TELEPHONE SYSTEM VIOLATED SEC. 201(A) AND /OR SEC. 202(A) BY REFUSING AND TERMINATING TELEPHONE SERVICE AND WHETHER COMPLAINANT IS ENTITLED TO COMPENSATORY OR PUNITIVE DAMAGES. JOHNSON, RICHARD 679 DECLARATORY RULING MOTION TO ENLARGE ISSUES TO INCLUDE A PUBLIC BENEFIT ISSUE OR FOR DECLARATORY RULING THAT THE ISSUES ARE SUFFICIENTLY BROAD, DENIED, SINCE IN EITHER CASE THE MOTIONS ARE DEFECTIVE-ENLARGEMENT MUST CONTAIN SPECIFIED ALLEGATIONS (SEC. 1.229(C), AND CLARIFICATION MUST FIRST BE CONSIDERED BY THE EXAMINER (SEC. 1.248(C)(1). DRISKELL, WILLIAM GARRETT 654 DEPRECIATION ALLOWANCE FOR PETITION TO DELETE A LIMITED FINANCIAL ISSUE, DENIED, BECAUSE THE APPLICATION DOES NOT INDICATE WITH REASONABLE CLARITY THAT THE ESTIMATE FOR FIRST-YEAR OPERATING COSTS INCLUDES A DEPRECIATION ALLOWANCE. SUMMIT B/CING CO. 83 DESIGNATION FOR HEARING REQUEST TO FORM ANTENNA FARM, DENIED, AND APPLICATIONS DESIGNATED FOR HEARING ON ISSUE OF ADVERSE IMPACT ON UHF DEVELOPMENT IN THE PROPOSED SERVICE AREAS. SOUTH CAROLINA ED. TV COMM. 328 DISCLOSURE FULL REQUEST FOR 1.526 AND 1.580 (F)(10) (PUBLIC NOTICE OF FILING) ISSUES, DENIED, WHERE NONCOMPLIANCE WAS UNINTENTIONAL AND NO ONE WAS PREJUDICED. 1.65 (FAILURE TO DISCLOSE) ISSUE DELETED ON BASIS OF POSTDESIGNATED PLEADING SHOWING CLEAR COMMISSION MISTAKE AS TO FACTS. STEPHENSON, HARRY D. AND ROBERT E. 337 PETITION TO ENLARGE ISSUES IN A TRANSFER OF CONTROL PROCEEDING DESIGNATED ON UNAUTHORIZED TRANSFER AND FAILURE TO FILE AGREEMENTS TO INCLUDE A SEC. 1.65 ISSUE AND APPLICANTS BASIC AND COMPARATIVE QUALIFICATIONS, GRANTED, UPON A SHOWING BY PETITIONER OF SUBSTANTIAL CHANGES IN THE APPLICATION. MEDFORD B/CERS, INC. 699 DISCOVERY 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 DISCRETION 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 |