F.C.C. 69-824 BEFORE THE FEDERAL COMMUNICATIONS COMMISSION In Re WASHINGTON, D.C. 20554 CEASE AND DESIST ORDER TO BE DIRECTED ORDER TO SHOW CAUSE (Adopted July 29, 1969) BY THE COMMISSION: COMMISSIONER BARTLEY CONCURRING IN THE RESULT; COMMISSIONER ROBERT E. LEE ABSENT. 1. Wheeling Antenna Co., Inc. (WACO), owns and operates a CATV system at Wheeling, W. Va., which provides its subscribers with the following television signals: KDKA-TV (CBS), WTAETV (ABC), WIIC-TV (NBC), WQED (Educational), and WQEX (Educational), Pittsburgh, Pa.; WYTV (ABC) and WKBN-TV (CBS), Youngstown, Ohio; WTRP-TV (NBC), Wheeling, W. Va.; and WSTV-TV (CBS, ABC), Steubenville, Ohio. Wheeling is within the predicted grade A or better contours of stations WIIC-TV, WTRF-TV, and WSTV-TV, and within the predicted grade B contours of KDKA-TV, WTAE-TV, and WQED. 2. In Wheeling Antenna Co., Inc., F.C.C. 68-589, 13 F.C.C. 2d 328, released June 11, 1968, the Commission, inter alia, denied WACO's request for waiver of section 74.1103 (e) of the Commission's rules insofar as WACO would be required to provide WSTV-TV with program exclusivity vis-a-vis KDKA-TV and WTAE-TV, and WACO began to provide program exclusivity vis-a-vis WYTV and WKBN-TV December 20, 1968. 3. Since April 14, 1966, Rust Craft Broadcasting Co., licensee of station WSTV-TV, has requested single channel carriage and program exclusivity from WACO, pursuant to sections 74.1103 (d) (3) and (e) of the Commission's rules. Nevertheless, Rust Craft notified the Commission by letter of May 15, 1969, that the program exclusivity provided by WACO has not been single channel. On July 7, 1969, Rust Craft asked the Commission to require WACO to show cause why it should not be directed to cease and desist from operating its CATV system in violation of section 74.1103(d) (3) of the rules. WACO has not responded to Rust Craft's allegations of May 15 and July 7, 1969. We will, therefore, issue the requested order to show cause. 4. The public interest requires that the hearing process be conducted as expeditiously as possible. The examiner is so directed and shall issue his initial decision as promptly as possible after the conclusion of the hearing. Further, pursuant to section 0.365 of the rules, any review of the initial decision shall be by the Commission rather than the Review Board. Accordingly, It is ordered, That pursuant to sections 312 (b) and (c) and 409 (a) of the Communications Act of 1934, as amended, 47 U.S.C. 312 (b) and (c), and 409 (a), Wheeling Antenna Co., Inc., Is directed to show cause why it should not be ordered to cease and desist from further violation of section 74.1103 (d) (3) of the Commission's rules and regulations on its CATV system at Wheeling, W. Va. It is further ordered, That Wheeling Antenna Co., Inc., Is directed to appear and give evidence with respect to the matters described above at a hearing to be held at Washington, D.C., at a time and place before an examiner, to be specified by subsequent order, unless the hearing is waived, in which event a written statement may be submitted. It is further ordered, That Rust Craft Broadcasting Co., and Chief, Broadcast Bureau, Are made parties to this proceeding. It is further ordered, That the examiner shall conduct the hearing expeditiously and issue an initial decision as promptly as possible, in accordance with paragraph four, above. It is further ordered, That the Secretary of the Commission shall send copies of this order by certified mail to Wheeling Antenna Co., Inc. FEDERAL COMMUNICATIONS COMMISSION, 18 F.C.C. 2d F.C.C. 69-847 BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 In Re Applications of AIRSIGNAL INTERNATIONAL, INC. For Authorization To Become a Com- Docket No. 18554 Land Mobile Radio Services MEMORANDUM OPINION AND ORDER (Adopted August 6, 1969) BY THE COMMISSION: COMMISSIONERS HYDE, CHAIRMAN; WADSWORTII AND JOHNSON ABSENT. 1. By a memorandum opinion and order, F.C.C. 69-549, 17 F.C.C. 2d 919, released May 27, 1969, the above-captioned request for authorization by Airsignal International, Inc. (ASI), was designated for hearing. Now before the Commission is a petition filed by ASI on June 26, 1969, for reconsideration of the designation order. Petitioner contends that on the basis of the additional information contained in its pleading, the designated issues should be resolved in its favor without an evidentiary hearing. Oppositions to the petition were filed July 9, 1969, by Answer, Inc.; jointly by J. B. Bacon, doing business as Telephone Message Exchange, Buckeye Communications Co., Gabriel Communications Corp., Harry Tarbell, doing business as Pacific Union, and Dee Wetmore, doing business as West Side Answering Service; and on July 7, 1969, by the Common Carrier Bureau. A reply to the oppositions was filed by ASI on July 25, 1969. 2. ASI is the wholly owned subsidiary of International Utilities Corp. (IU) in which aliens own 67 percent of the common stock and 42 percent of all classes of issued stock, and hold positions as nine of the 15 directors and four of the six executive committee members. The request of ASI for authorization to become a Commission licensee was designated for hearing, inter alia, to determine whether such authorization would be consistent with the provisions of section 310(a)(5) of the Communications Act, and whether there exists a likelihood that a major monopoly may be created in DPLMRS (domestic public land mobile radio services) by the alien dominated IU.1 In large part, ASI's petition is predicated upon the alleged effect of a voting trust agreement and a resolution with respect thereto which were adopted by the executive committee of the board of directors of I on June 10, 1969. According to ASI, the agreement and the resolu 1 Since the designated issues go to ASI's basic qualification to be a licensee, the Commission concluded to defer consideration of the individual applications by ASI for licenses on the guard-band frequencies until the conclusion of this proceeding. 106-505--69——— 1 |