F.C.C. 69-763 BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 In Re Application of WATKINS GLEN-MONTOUR FALLS BROADCAST- For License for Radio Station WGMF, File No. BL-12005 WATKINS GLEN-MONTOUR FALLS BROADCASTING CORP., Radio Station WGMF, Fourth and Franklin Streets, Watkins Glen, N.Y. 14891 JULY 9, 1969. GENTLEMEN: This refers to your application (file No. BL-12005) for license for radio station WGMF, Watkins Glen, N.Y. The construction permit (BP-17634), for WGMF was granted by the Commission on November 29, 1967. Thereafter, following an inspection of station WAYE, Baltimore, Md., which was then licensed to Erway Broadcasting Corp., 51-percent stockholder in your corporation, the first-class radiotelephone operator license of Mr. Duane Cornett, chief engineer of station WAYE at that time, and 49-percent stockholder in your corporation, was suspended for 4 months for willful entry of false information in the operating and maintenance logs of WAYE. Pursuant to section 319 (c) of the Communications Act of 1934, as amended, the Commission is empowered to determine whether any cause or circumstance has arisen since the grant of a construction permit which would make the operation of the station against the public interest. The conduct of Mr. Cornett while employed by Erway Broadcasting Corp. at WAYE, and the failure of Erway Broadcasting Co. as licensee of WAYE to exercise proper supervisory control over Mr. Cornett, raise serious questions as to the qualifications of your corporation to be a broadcast licensee. We are resolving those questions without hearing only because your record of operation of station WGMF since grant of program test authority on June 21, 1968, has been satisfactory. However, in view of our past experience with Erway Broadcasting Corp. and Mr. Cornett, the principals in your company, we have decided to issue you only a 1-year license. Your operation will be carefully watched during this period, and you will have an opportunity to demonstrate that you are fully capable of exercising appropriate control over the operation of your station. It should be made absolutely clear that any recurrence of the rule violations referred to above, or any other failure to comply with the rules or the Act, will raise the most serious questions concerning your qualifications to continue as a broadcast licensee. In view of the foregoing, your application (file No. BL-12005) for license is hereby granted for a period of 1 year, ending July 10, 1970. The composite week to be used with your renewal application will be supplied you at a later date. Commissioner Wadsworth was absent and Commissioner Johnson concurred in the result. BY DIRECTION OF THE COMMISSION, 18 F.C.C. 2d F.C.C. 69-768 BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 In Re Joint Request by Dockets Nos. 18552 and 18553 JULY 15, 1969. WESTERN UNION INTERNATIONAL, INC., 26 Broadway, New York, N.Y. Subject: Dockets Nos. 18552 and 18553 GENTLEMEN: This is with reference to a motion filed jointly on July 11, 1969, by RCA Global Communications, Inc., Communications Satellite Corp., ITT World Communications, Inc., and Western Union International, Inc., requesting, inter alia, that the Commission authorize these applicants jointly to take such steps as may be necessary, including the execution of a contract with ITT Space Communications, so that construction of the Guam earth station may proceed pending consideration of other pleadings in the motion. Upon careful consideration of this motion and other relevant pleadings, the Commission agrees that, subject to the conditions set forth below, the joint applicants should be permitted to take necessary steps to assure operational readiness of the Guam earth station by November 1, 1969. Accordingly, pursuant to section 319 (d) of the Communications Act of 1934, as amended, and pending further consideration of said motion and other relevant matters, authority is hereby granted to RCA Global Communications, Inc., Communications Satellite Corp., ITT World Communications, Inc., and Western Union International, Inc., to commence necessary steps, including the execution of a contract with ITT Space Communications, Inc., leading to the construction of a satellite earth station in the Territory of Guam, provided, however, (1) this authority is based on your showing that public interest will be served by proposed early construction and will in no way commit or prejudice the Commission's action with respect to applications now pending for stations at this location. In the event such applications are not ultimately approved, any related construction costs will not be included in any rate base, or charged to expense for rate purposes, but will be charged against surplus, and (2) that, since the Commission and the parties may have occasion to consider the additional cost of the Guam earth station occasioned by reason of expedited construction due to meeting a November 1, 1969, operational date, instead of an operational date based on a normal, e.g., 12-month lead time, all parties shall keep such records and obtain such information from all contrac tors, subcontractors, suppliers, and others involved in each and any of the functions specified herein or any other functions pertaining to the Guam earth station as may relate to all costs paid or payable by the parties by virtue of expediting the operational date of said station. The parties shall take steps to assure that they and all contractors, subcontractors, suppliers, and others maintain records in such manner as to make this information available either on an actual or on an estimated basis. The cost differentials, of which records shall be kept, shall include, but not be limited to, designing, testing, procurement, shipment, installation, and construction, pertaining to the Guam earth station, including all associated site work, documentation, equipment, services, personnel, and materiel. The parties shall report to the Commission by July 30, 1969, the steps that they have taken and will take to this effect and indicate clearly that the steps so taken will result in adequate records, and (3) that the Commission may impose such terms and conditions on any construction permit or other instrument of authorization as it finds in the public interest. Jurisdiction is retained over this matter by the Commission. This letter was approved by the Commission on July 15, 1969. Commissioner Wadsworth was absent; Commissioner Johnson concurred in the result. BY DIRECTION OF THE COMMISSION, ROSEL H. HYDE, Chairman. 18 F.C.C. 2d WHDH, INC. (WHDH-TV), BOSTON, MASS. Docket No. 15204 CHARLES RIVER CIVIC TELEVISION, INC., Bos- BOSTON BROADCASTERS, INC., BOSTON, MASS. GREATER BOSTON TV Co., INC., BOSTON, MASS. File No. BRCT-530 Docket No. 15205 MEMORANDUM OPINION AND ORDER (Adopted July 23, 1969) BY THE COMMISSION: COMMISSIONERS COX AND H. REX LEE NOT PARTICIPATING. 1. The Commission has before it for consideration: (a) A petition for stay pending appeal, filed June 17, 1969, by WHDH, Inc.; (b) comments thereon of the Chief, Broadcast Bureau, filed June 23, 1969, and (c) an opposition to the petition for stay, filed June 24, 1969, by Boston Broadcasters, Inc. 2. In our decision herein which was released on January 23, 1969 (16 F.C.C. 2d 1, 15 R.R. 2d 411), we granted the application of Boston Broadcasters, Inc. (BBI), for a construction permit for a new television broadcast station to operate on channel 5 in Boston, Mass. At the same time, we denied the application of WHDH, Inc. (WHDH), for renewal of its license to operate its station on channel 5, and we denied competing applications for the same facility which were filed by Charles River Civic Television, Inc., and Greater Boston TV Co., Inc. Petitions for rehearing of that decision were filed, and were denied with the exception that WHDH's petition was granted to a limited extent and was otherwise denied by our memorandum opinion and order released on May 20, 1969 (17 F.C.C. 2d 856, 16 R.R. 2d 185). Again, in light of the matters yet to be determined by |