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 SER-
VICE AND WHETHER COMPLAINANT IS ENTITLED TO
COMPENSATORY OR PUNITIVE DAMAGES. JOHN-
SON, RICHARD 679

MOTION TO ENLARGE ISSUES IN A PROCEEDING FOR
ACQUISITION OF TWX FACILITIES TO INCLUDE IS-
SUES 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

MOTION TO ENLARGE ISSUES IN A PROCEEDING FOR
ACQUISITION OF TWX FACILITIES TO INCLUDE IS-
SUES 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

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 SER-

VICE AND WHETHER COMPLAINANT IS ENTITLED TO
COMPENSATORY OR PUNITIVE DAMAGES. JOHN-
SON, RICHARD 679

PETITION FOR RECONSIDERATION OF DECISION STAY-
ING THE EFFECT OF A CEASE AND DESIST ORDER
PENDING CERTIFICATION OF CATV AUTHORITY BUT
AUTHORIZING, AS AN ALTERNATIVE, THE CONTINUED
OPERATION WITHOUT CHARGE TO CUSTOMERS, DE-
NIED. SINCE SECTION 214 WAS IN FORCE BEFORE
CONSTRUCTION OF THE CATV SYSTEM BEGAN.
ASHTABULA CABLE TV, INC. 193

TELEPHONE COMPANIES REQUEST TO RESCIND AN
ORDER PROHIBITING THEM FROM OPERATING CATV
DISTRIBUTION FACILITIES PENDING RESOLUTION OF
DESIGNATED ISSUES OR UNTIL SEC. 214 CERTIFICA-
TION IS OBTAINED, DENIED, SINCE CATV SERVICE. IF
BEGUN, MIGHT HAVE TO BE WITHDRAWN. TELE
CABLE CORP. 476

MOTIONS TO CONSOLIDATE SEVERAL PENDING SEC
214 APPLICATIONS WITH A NOTICE OF INQUIRY AND
PROPOSED RULEMAKING IN DOCKET NO. 18509. DE-
NIED, SINCE THERE ARE CERTAIN SIGNIFICANT POL-
ICY OR LEGAL QUESTIONS WHICH SHOULD BE
RESOLVED BEFORE THE SEC. 214 APPLICATIONS
CAN BE CONSIDERED. CATV SEC. 214 CER-
TIFICATES 615
REQUESTS FOR A GRANT OF SEC. 214 APPLICATIONS
OR DESIGNATION F3R HEARING, DENIED, SINCE NO
PUBLIC INTEREST DETERMINATIONS CAN BE MADE
UNTIL THE CONCLUSION OF THE PROCEEDINGS IN
DOCKET NO. 18509, NOTICE OF INQUIRY AND
PROPOSED RULEMAKING. CATV SEC. 214 CER-
TIFICATES 615

EIGHT APPLICATIONS BY A TELEPHONE COMPANY
FOR SEC. 214 CERTIFICATES TO PROVIDE CABLE
FACILITIES FOR CATV SYSTEMS. CONSOLIDATED
FOR HEARING ON ISSUES AS TO THE ACTIONS, POLI-
CIES, AND PRACTICES OF THE TELEPHONE COM-
PANY RELATIVE ΤΟ AGREEMENTS WITH CATV
CUSTOMERS AND WHETHER PRESENT OR FUTURE
REQUIREMENTS ARE JUSTIFIED BY REQUESTED
CONSTRUCTION REQUESTS. BETTER TV, INC. OF
DUTCHESS COUNTY 783

A HEARING WAS ORDERED TO DETERMINE IF THE AC-
TIONS OF SEVERAL TELEPHONE COMPANIES WITH
RELATION TO CATV CHANNEL FACILITIES REQUIRE
SEC. 214 CERTIFICATION, AND WHETHER THOSE AC-
TIONS ARE ANTICOMPETITIVE AND MONOPOLISTIC
IN NATURE, IN CONTRAVENTION OF THE COMMUNI-
CATIONS ACT. MANATEE CABLEVISION, INC. 812
SEVERAL COMMON CARRIERS WERE ORDERED TO
SHOW CAUSE WHY THEY SHOULD NOT BE ORDERED
TO CEASE AND DESIST FROM FURTHER CONSTRUC-
TION OF FACILITIES FOR THE PURPOSE OF CON-
STRUCTING CHANNEL SERVICE TO CATV SYSTEMS
UNTIL THEY HAVE RECEIVED SEC. 214 CERTIFICA-
TION. MANATEE CABLEVISION, INC. 812
PUBLICATIONS PURSUANT TO 1.525(B) GENERALLY
ARE LIMITED TO CASES WHERE THE ONLY APPLICA-
TION OR APPLICATION FOR ONE OF A NUMBER OF

COMMUNITIES INVOLVED IN A 307(B) COMPARISON IS BEING WITHDRAWN. GREAT RIVER B/CING, INC. 212

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

ADDITION OF SUBURBAN COMMUNITY 307 (B) ISSUE IN
A CLASS B FM PROCEEDING. DENIED. SINCE PETI-
TIONER FAILED TO SUBSTANTIATE HIS ALLEGA-
TIONS. AND SINCE SELECTION FACTORS OF AN FM
SITE DIFFER FROM THOSE OF AN AM SITE DUE TO
PROPAGATION CHARACTERISTICS AND MILEAGE
SEPARATION REQUIREMENTS. CHRISTIAN B/CING
ASSN., INC. 15

PUBLICATION IN A DROP-OUT CASE PURSUANT TO
SEC. 1.525(B) IS REQUIRED SINCE THE SUBURBAN
COMMUNITY 307(B) PRESUMPTION MIGHT SUCCESS-
FULLY BE REBUTTED BY A POTENTIAL APPLICANT.
SUNDIAL B/CING CO., INC. 86

A SUBURBAN COMMUNITY 307(B) ISSUES WAS ADDED
AGAINST ALL 3 APPLICANTS FOR A NEW STANDARD
BROADCAST STATION ON THE BASIS OF ENGINEER-
ING DATA, AND THE CHARACTERISTICS OF THE COM-
MUNITIES INVOLVED. SUMMIT B/CING CO. 470
APPLICATION FOR NEW TV STATION DESIGNATED FOR
HEARING ON A SUBURBAN COMMUNITY 307(B) IS-
SUE. UHF IMPACT ISSUE, AND A SUBURBAN ISSUE
SINCE PROPOSED LOCATION OF ANTENNA SITE.
BEING 14 MILES FROM THE LARGER CITY. RAISES
REALLOCATION OF THE CHANNEL QUESTIONS.

SANTA FE TV, INC. 741

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

PETITION TO DENY APPLICATION FOR INCREASED
POWER IN TRANSLATOR STATION BY A LICENSEE OF
TV STATION OBJECTING ON GROUNDS THAT ITS
SIGNAL CARRIED BY A CATV SYSTEM WOULD BE IN-
TERFERED WITH DENIED, AND REQUEST FOR IN-
CREASE POWER TO TRANSLATOR GRANTED SINCE
TRANSLATOR WILL PROVIDE IMPROVED SIGNALS TO
APPLICANTS PRINCIPAL COMMUNITY AND TRANSLA-
TOR IS NOT REQUIRED TO PROTECT CATV SYSTEM
FROM INTERFERENCE. LIBERTY TV, INC. 531

A REQUEST TO SHIFT THE BURDEN OF PROOF FROM
THE RENEWAL APPLICANT TO THE COMPLAINANT
ON ISSUES AS TO UNDUE CONCENTRATION OF CON-
TROL AND UNFAIR COMPETITION, DENIED. SINCE
MUCH OF THE INFORMATION SOUGHT IS PECU-
LIARLY WITHIN THE KNOWLEDGE OF THE APPLICANT
(SEC. 309(E)) AND A BILL OF PARTICULARS IS
REQUIRED BY COMPLAINING PARTIES. MIDWEST
RADIO-TV, INC. 1011

RECONSIDERATION OF AN ORDER DESIGNATING IS-
SUES AS TO ALIEN OWNERSHIP (SEC. 310(A)(57) DE-
NIED 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)). AIR-
SIGNAL INTERNATIONAL, INC. 867

A REQUEST TO COMMISSION FOR SALE BY STATION
OF FIVE MINUTE PROGRAM PERIODS AT RATE LESS
THAN COMMERCIAL RATES. DENIED, AS BEING
WITHOUT STATUTORY OR RULE AUTHORITY. BATTLE
FOR GOVERNOR 746

STATIONS REFUSAL TO MAKE AVAILABLE 30 MINUTE
TIME PERIODS FOR PRIMARY CANDIDATE HELD NOT
DISCRIMINATORY SINCE STATION POLICIES LIMITED
SALES TO PRIMARY CANDIDATES TO SPOT AN-
NOUNCEMENTS AND ALL WERE TREATED ALIKE.
THERE IS NO SEC. 315 REQUIREMENT TO SELL
SPECIFIC PERIODS OF TIME FOR POLITICAL BROAD-
CAST. POLLARD, FRED G. 747

LEASING AND PREPARING A TRANSLATOR SITE PRIOR
TO GRANT OF APPLICATION BY THE COMMISSION IS
HELD NOT PREMATURE CONSTRUCTION (SEC. 319A).
BUT REBROADCASTING PROGRAMMING WITHOUT
THE CONSENT OF THE STATION OR NOTIFICATION
OF THE COMMISSION IS IN VIOLATION OF SECS.
74.784(B) AND 74.731(E) AND A FORFEITURE IS IM-
POSED. KARBAN, J. R. 39

LICENSEE RELIEVED OF APPARENT LIABILITY FOR
VIOLATIONS OF 18 US.C., SEC. 1304 (LOTTERY).
SINCE THERE HAD BEEN NO PRIOR COMMISSION OR
JUDICIAL DECISIONS WHICH WOULD HAVE ENABLED
THE LICENSEE TO ANTICIPATE THE REASONABLE
EQUAL AVAILABILITY TEST FOR THE ELEMENT OF
CONSIDERATION. BOB JONES UNIVERSITY 8
PUBLIC NOTICE WAS ISSUED TO REMIND LICENSEES
OF THEIR RESPONSIBILITY IN REGARD TO THE AD-
VERTISING OF PROMOTIONAL SCHEMES, AND TO
CLARIFY THE CONSTRUCTION OF SEC. 1304, TITLE 18
USC. LOTTERIES 53

FORFEITURE IN THE AMOUNT OF 2.000. ISSUED TO
LICENSEE FOR VIOLATION OF 18 USC SEC. 1304. RE-
MITTED, BECAUSE LICENSEE HAD NO WAY OF AN-
TICIPATING THE COMMISSIONS CONSTRUCTION OF
SEC. 1304. AND THE ELEMENT OF CONSIDERATION
WAS NOT SUFFICIENTLY ESTABLISHED. WBRE-TV,
INC. 96

FORFEITURE IN THE AMOUNT OF 2.000 REMITTED
WHERE LICENSEE CHARGED WITH BROADCASTING A

Section

United States Code

LOTTERY (18 USC 1304), HAD ACTED DILIGENTLY
AND WHERE IT COULD NOT REASONABLY AN-
TICIPATE COMMISSION CONSTRUCTION OF
STATUTE. TAFT B/CING CO. 186

LICENSEE IN VIOLATION OF 18 USC 1304 (BROADCAST-
ING A LOTTERY) WHERE THE ADVERTISED PROMO-
TIONAL SCHEME DOES NOT ALLOW FOR NON-PAY-
ING CONTESTANTS TO OBTAIN CHANCES IN THE
SAME PLACES AT THE SAME TIMES AND IN THE
SAME QUANTITIES AS PAYING CONTESTANTS
B/CING CO. 186

TAFT