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William H. Hansher, et al., technical directors of broadcasting companies. Peter V. Gurekis. Clarence C. Moore. E. Harold Munn. Odes E. Robinson. 2. In support of its proposal, petitioner states that there are two reasons for registering engineers and licensing them to practice: "First, to assure that whatever things or devices are built in accordance with the plans of the engineer are going to work properly and protect other parties and the general public from harm due to improper design or construction and secondly, to protect the possible builder or manufacturer of a device or product from the receipt of faulty design from an unqualified practitioner.” Petitioner states that registration is a desirable and necessary step in determining the threshold qualifications of engineers and that practice before the Commission is one of the few areas where the requirement for licensing or registration does not exist. It argues, in elect, that the proposed restrictions on practice before the Commission will assure that engineering work is done properly and will protect the public froin harm. 3. Statements opposing the petition stress the following points: that the professional engineering examination is a broad, general test which emphasizes the civil and/or mechanical aspects of engineering, which lacks broadcast engineering problems, and which only infrequently has a registration category pertaining to electronic engineering; that many jurisdictions, including the District of Columbia, permit registration of persons who have been engaged in the practice of engineering for a period of years without the requirement of an examination or test of educational qualifications of any kind; that petitioner's proposal does not assure that engineers qualified in the field of communications proposal would bar from practice before the Commission many engineers who are fully qualified by education and experience to perform the most advanced radio engineering functions; that the proposal would bar other qualified individuals (such as physicists) from submitting data or participating in hearings in matters related to engineering; and that engineering materials submitted to the Commission are reviewed by its own staff of communications engineers. 4. Petitioner's position, as stated in its response, may, we believe, be fairly summarized as follows: All persons who wish to practice engineering should meet minimum educational requirements and should practice only under a license issued by “responsible authority.” Those who obtain such a license should be required to demonstrate their competence by passing an examination, should be subject to investigation prior to obtaining the license, and should be subject to disciplinary measures, including revocation of the license to practice engineering. Such measures would enhance the dignity of the engineering profession and the general competence and responsibility of its members. All of the States and the District of Columbia issue engineering certificates to those who qualify as Registered Professional Engineers under standards and procedures like those described above, Page 3
ceeding. Hearing and Legal Division personnel and others, when specifically designated for particular cases, will not take part in the decision-making process. Our action here does not, however, deprive separated trial staff personnel of their present right of unrestricted access to the personnel and resources of the Bureau (with the exception of the Chief and Deputy Chief of the Common Carrier Bureau and all Division Chiefs) and Commission staff (with the exception of the Office of General Counsel), traditionally exercised by the Bureau once the rulemaking has been designated.12 5. Separated trial staff personnel will be free, as trial staff's have been in the past, to talk not only to parties, individually, in the case and listen to their arguments, but also to most Commission personnel and draw on their resources, knowledge and expertise for the purpose of the proceeding. With this freedom we believe that the Commission and all other personnel involved in the restricted rulemaking decisionary process will receive the maximum in objective analysis and informed expertise from the Chief of the Hearing and Legal Division and his staff. 6. Sections 4(i), 201(b), and 303 (r) of the Communications Act of 1931, as amended, 47 U.S.C. $ 151(i), 201(b), and 303 (r) furnish authority for amending $ 1.1209(d). Since these are procedural amendments, the prior notice and effective date provisions of 5 U.S.C. $ 553 do not apply.13 7. Accordingly, IT IS ORDERED, effective July 31, 1974 that $ 1.1209(d) of the Rules is amended as set forth in the appendix hereto. 8. IT IS FURTHER ORDERED, that pursuant to $ 1.407 of the Rules the petition of the FCBA is GRANTED to the extent indicated herein. IT IS FURTHER ORDERED, that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION, VINCENT J. MULLINS, Secretary. Page 4
7. In view of the foregoing we must deny Rex TV''s request for waiver of our exclusivity rules. Consistent with the special exclusivity protection afforded Mountain Time Zone stations, KID-TV and KIFI-TV must receive same-day protection for their respective network programs. Because of its further request for continued nonnetwork exclusivity protection, KID-TV shall receive such same day protection pursuant to the provisions of Section 76.99 of the Rules. In light of the above we shall dismiss, as moot, the "Petition for Issuance of Order to Show Cause" (CSC-51) filed by KID Broadcasting Corporation, as well as the “Petition of The Post Company for Reconsideration" filed by the licensee of Station KIFI-TV in connection with our previous dismissal of CSR-53. Accordingly, IT IS ORDERED, That the "Petition for Waiver” (SR-37213) filed March 10, 1972, by Rex TV, Inc., IS DENIED. IT IS FURTHER ORDERED, That Rex TV, Inc., IS DIRECTED to comply with the requirements of Sections 76.91, 76.93, and with respect to non-net work programming of Station KID-TV, Idaho Falls, Idaho, Section 76.99, on its cable television system at Rexburg, Idaho, within thirty (30) days of the release date of this Memorandum Opinion and Order. IT IS FURTHER ORDERED, That the “Petition for Issuance of Order to Show Cause" (CSC-51) filed by KID Broadcasting Corporation, licensee of Station KID-TV, Idaho Falls, Idaho, IS DISMISSED as moot. IT IS FURTHER ORDERED, That the "Petition of The Post Company for Reconsideration" (CSR-53) filed by The Post Company, licensee of Station KIFI-TV, Idaho Falls, Idaho, IS DISMISSED as moot. FEDERAL COMMUNICATIONS COMMISSION, VINCENT J. MULLINS, Secretary. Page 5
application must be submitted which in most cases will not require retesting as indicated in Section 2.933. 22. A reading of Section 2.933 which deals with changes in identification of equipment will demonstrate the facility of filing a new application for an equipment authorization when there is a change in the identification of the equipment without a change in design, circuitry or construction. Section 2.933 (b) states: An application .. where no change of design, circuitry, or construction is involved need not be accompanied by resubmission of equipment or measurement or test data customarily required with a new application unless specifically requested by the Coinmission. In lieu thereof, the applicant shall attach a statement setting out: 1. The original identification used on the equipment prior to the change in identification. 2. The date of the original grant of the equipment authorization. 3. The original type approval number assigned by the Commission, if one was assigned. 4. How the equipment bearing the modified identification differs from the original equipment. 5. Whether the data previously filed with the Commission (or measured by the Commission in the case of type approved equipinent) continues to be representative of and applicable to the equipment bearing the changed identification. 6. In the case of type accepted equipment, the photographs required by Section 2.983(f). 7. In the case of certificated equipment, the photographs required by Section 2.1033 (C). 23. Section 2.931. Responsibility of the Grantee. EIA-LM expresses concern regarding the obligation imposed on a grantee to keep the records required by the Commission when the device in question is actually being manufactured by a second party under a licensing arrangement permitted by Section 2.929(b). The problem posed by EIALM envisions the need for costly policing of the details of manufacture by the grantee and extends this concern to the possibility of the need for legal action in the event such records are not made available by the actual manufacturer. In view of this EIA-LMI suggests that the provisions of Section 2.931 (b) and (c) for record keeping shall apply not only to the grantee but also to the actual manufacturer of equipment produced pursuant to a license, purchase or other contractual agreement. The Commission recognizes the problem presented by EIA-LM. Accordingly, we have deleted the record keeping requirement from Section 2.931 and set it out as a separate regulation, Section 2.938 and made it apply both to the grantee and the manufacturer with a proviso that retention of records by the actual manufacturer will satisfy the grantee's responsibility. 24. Section 2.945. Sampling tests of equipment compliance. Arguing against the need for Section 2.945, ELA-LM states that since Section 2.936 appears to provide complete authority to the Commission to inspect the grantee's facilities and the type accepted equipment located there, this rule evidently contemplates inspection of equipment under the control of users. This was not the Commission's intent. We wish to point out, moreover, that there is a distinction between Sections 2.936 and 2.945. Under Section 2.936, the Commission reserves the right to inspect the grantee's facilities or records or to require the submission of equipment to the Commission for testing. Under Section 2.945, we merely announce that we intend to establish a program of spot check Page 6
that specified in paragraph (b) of this section, provided it finds the name pursuant to paragraph (a) of this section and the type number of each unit to be clearly identifiable, separate and distinct from any other number or designator on the equipment. 14. In Section 2.1033, paragraph (c) is amended to read as follows: 2.1033 APPLICATION FOR CERTIFICATION UNDER PART 15.
(c) The application shall be accompanied by a photograph showing the general appearance of the equipment and the operating controls available to the user. The photograph shall be 8'' by 10'' in size, or mounted on paper 8'' by 10'' to 81/2 by 11 in size. If the identification label does not appear on this photograph or is too small to be read, a second photograph shall be attached showing the identification label in sufficient detail so that the name and number can be read. In lieu of the second photograph, a sample label, or a facsimile thereof, mounted on a full size sheet, and a sketch showing where this label will be placed on the equipment, may be submitted. 15. Section 2.1043 and headnote are amended to read as follows: 2.1043 VARIATIONS OR CHANGES IN CERTIFICATED EQUIPMENT. (a) Variations in the electrical and mechanical construction of equipment requiring an application for, and grant of, certification are permissible providing that the variations, either do not affect the characteristics required to be reported to the Commission, or provided the variations or changes are made in compliance with paragraphs (b), (c) or (d) of this section. (b) Two classes of permissive changes may be made in certificated equipment without requiring a new application for and grant of certification. Neither class of change shall result in a change in name or model number. (1) A Class I permissive change includes those modifications in the equipment which do not degrade the characteristics reported by the manufacturer and accepted by the Commission when certification is granted. No filing with the Commission is required for a Class I permissive change. (2) A Class II permissive change includes those modifications which degrade the performance characteristics as reported to the Commission at the time of the initial certification. Such degraded performance must still meet the minimum requirements of the applicable rules. When a Class II permissive change is made by the grantee, he shall supply the Commission with complete information and the results of tests of the characteristics affected by such change. The modified equipment shall not be marketed under the existing grant of certification prior to acknowledgement by the Commission that the change is acceptable. (c) A grantee desiring to make a change other than a permissive change described in paragraph (b) of this section, shall file an application on Form 722 accompanied by the required fees. The grantee shall attach a description of the change(s) to be made and a statement indicating whether the change(s) will be made in all units (including previous production) or will be made only in those units produced after the change is authorized. (d) A change which results in a new name and/or model number (with or without change in circuitry) requires a new application for, and grant of, certification. If the change affects the characteristics required to be reported, a complete application shall be filed. If the characteristics required to be reported are not changed the abbreviated procedure of Section 2.1035 may be used. 16. Section 2.1045 and headnote are amended to read as follows: 2.1045 IDENTIFICATION LABEL For CERTIFICATED EQUIPMENT. In the case of an equipment that has been certificated, the identification label shall contain at least the following: (a) The trade name. The trade name, if shown elsewhere on the equipment, shall be the same as that shown on the label. (b) For consumer equipment (i.e. broadcast receivers, Part 15 walkie talkies, and other equipment sold to the general public) the words “MODEL NO." followed by the number assigned to the equipment by the grantee. If the identification label contains other numbers in addition to that required by this paragraph, such as “SERVICE NO.", "CATALOG NO." or other similar terms to avoid confusion with the identifier required by the Commission, the words Page 7
or events in which candidates are involved. Congress' wording of Section 315(a) (1) exempting bona fide newscasts from the equal opportunities requirement is explicit and the Commission is bound thereby. Therefore it appears that under the circumstances described in your letter you would not be entitled to equal opportunities under Section 315. The same amendment that added the "bona fide news" exceptions to Section 315 reaffirmed the application of the fairness doctrine to appearances by candidates on exempted news programs. Under the fairness doctrine, if a station presents one side of a controversial issue of public importance, it must atford reasonable opportunity for the presentation of contrasting views. This policy does not require that "equal time" be afforded for each side, as would be the case if a political candidate appeared on the air during his campaign. Instead, the broadcast licensee has an aflirmative duty to encourge and implement the broadcast of contrasting views in its overall programming which, of course, includes statements or actions reported on news programs. Thus, both sides need not be given in a single broadcast or series of broadcasts, and no particular person or group is entitled to appear on the station, since it is the right of the public to be informed which the fairness doctrine is designed to assure rather than the right of any individual to broadcast his views. It is the responsibility of the broadcast licensee to determine whether a controversial issue of public importance has been presented and, if so, how best to present contrasting views on the issue. The Commission will review complaints to determine whether the licensee can be said to have acted reasonably and in good faith. For your further information, we are enclosing a copy of the Commission's Public Notice of July 1, 1961, entitled “Applicability of the Fairness Doctrine in the Handling of Controversial Issues of Public Importance.” The Commission has stated that “the primary issue presented to the voters in an election is who among all the candidates should be elected,” In re Complaint of Dr. Benjamin Spock, 44 FCC 2d 12 (1973). However, from the information provided in your letter it appears that the issue in connection with which Mr. McCarthy appeared was Mr. McCarthy's campaign for Speaker of the California State Assembly. Assuming that this is a controversial issue of public importance, you have not shown that any of the licensees about whom you complain have failed to afford a reasonable opportunity in their overall programming for the presentation of contrasting views. In view of the above, no Commission action is warranted on your complaint. Staff action is taken here under delegated authority. Application for review by the full Commission may be requested within 30 days by writing the Secretary, Federal Communications Commission, Washington, D.C. 20554, stating the factors warranting consideration. Copies must be sent to the parties to the complaint. See Code of Federal Regulations, Volume 47, Section 1.115. Sincerely yours, WILLIAM B. Ray, Chief, Complaints and Compliance Division for Chief, Broadcast Bureau. Page 8
FEDERAL COMMUNICATIONS COMMISSION
In Re Application of M0095
MEMORANDUM OPINION AND ORDER (Adopted July 9, 1974; Released July 19, 1974) BY THE COMMISSION: 1. On October 15, 1973, See Mor Cable TV of Bernie, Inc, filed the above-captioned application for certificate of compliance to begin cable television service at Bernie, Missouri, located within the Poplar Blur, Missouri, smaller television market. See Mor proposes to carry the following television broadcast signals on its 20 channel cable television system at Bernie: 1 KFVS-TV (CBS, Channel 12) Cape Girardeau, Missouri WSIL-TV (ABC, Channel 3) Harrisburg, Illinois WPSD-TV (NBC, Channel 6) Paducah, Kentucky WDXR-TV (Ind. Channel 29) Paducah, Kentucky WKMU (Educ., Channel 21) Murray, Kentucky KPOB-TV (ABC, Channel 15) Poplar Bluff, Missouri 2. Turner objects to applicant's claim that, since Bernie is located within the specified zone of satellite Station KPOB-TV, Bernie is thus located within the second fifty market of this satellite's master Station WSIL-TV ? and may, pursuant to Section 76.63, carry all stations licensed to other designated communities in that market. Turner supports its objection to applicant's claim by urging the Commission to reaffirm its finding in Midwest Video Corporation 3, FCC 73-377, 10 FCC 20 441, 443 (1973) that the Commission views satellite stations on an equal footing with other television broadcast stations, and such satellites shall be considered as constituting separate television markets with their own specified zones. 3. Turner's argument concerning the separate market status of satellite stations is well taken. It follows that applicant's signal carriage entitlement must be gauged by the requirements of Section 76.59 of the Commission's Rules, which governs the signal carriage of cable television systems located within a smaller television market. Accord Page 9
4. The basic objective of the proposed rule amendment-utilization of fallow frequencies—was unanimously supported by the comments. The view of the Association of American Railroads was typical: This Association has no objection to the regulatory amendments proposed by the Commission and supported by the Special Industrial Radio Service Association. . . . Because of the remoteness of these land areas from the continental United States, AAR's members do not foresee that such a reassignment would cause interference with U.S. Railroad operations. The Puerto Rico Department of Natural Resources, however, while agreeing in principle that use of these frequencies should be examined and that they should be made available to other types of radio users, requested that at least one of the Forestry-Conservation radio frequencies be reserved because it anticipates establishing a radio network to link its headquarters, regional oflices, and field units. 5. We are also removing 160.620 MHz from the list of frequencies proposed because of its proximity to 160.625 MIIz, a frequency assigned to the maritime mobile services. Without close coordination between the use of the maritime mobile frequency and the use of 160.620 MHz, there is a potential danger of serious interference and the Commission feels it would be better to delete the frequency from the original proposal. 6. The Association of American Railroads requested that it be relieved of the frequency coordination responsibility for any railroad channels which are transferred to non-railroad users in these two territories. The Commission's Notice stated that, "all applications for the assignment of a new frequency, or to change existing facilities in such a manner as to require frequency coordination, as specified in Section 91.8(a) hereof, shall be accompanied by evidence of frequency coordination with the sharing service.” We anticipate that the actual coordination will be done by the Special Industrial Radio Service Association and, therefore, the Association of American Railroads will not have primary frequency coordination responsibility. 7. Since no other services indicated a need to share these ForestryConservation and Railroad frequencies in Puerto Rico and the Virgin Islands, we are only making them available for shared use by the Special Industrial Radio Service. In view of the foregoing, the Commission concludes that the Public interest will be served by amending the rules to provide for the shared use of these frequencies by Special Industrial Radio Service eligibles in Puerto Rico and the Virgin Islands. 9. Accordingly, IT IS ORDERED, pursuant to the authority contained in Section 4 (i) and 303 of the Communications Act of 1931, as amended, that Parts 2, 89, 91, and 93 of the Commission's Rules are amended effective August 30, 1974, as set forth in the attached Appendix. 10. It is further ordered, That the proceedings in Docket No. 200-12 are hereby terminated. FEDERAL COMMUNICATIONS COMMISSION, Page 10
the assignment of certain frequencies above 152 Milz in Hawaii, Puerto Rico, and the Virgin Islands are contained in paragraphs (c) and (d) of this section.
(d) The following frequencies are available only in Puerto Rico and the Virgin Islands for shared use by base and mobile stations licensed in the ForestryConservation, Railroad and Special Industrial Radio Services. Base and mobile: Mobile only: Lase and mobile: Mobile only: 159.240 160.410 159.31.3 160.515 159.255 160.125 1.59.360 100.530 159.270 160.10 1.59.375 160.515 159.285 160.155 159.390 160.560 159.300 160,170 139.105 160.575 159.315 160.45) 133.120 160.590 159.330 160.500 1.39.13.5 160.605 (1) A mobile station may be assigned the frequency of an associated base station. Such operation may, however, subject the single frequency system to interference that would not occur to a two-frequency system. (2) The foregoing "Mobile Only" frequencies may be assigned to a control station association with a mobile relay system if it is also assigned to the associated mobile station. (3) The foregoing "Base and Jobile" and "Mobile Only' frequencies are available on a shared basis in the Forestry-Conservation and Railroad Radio Services, respectively. All applications for the assignment of a new frequency. or to change existing facilities in such a manner as to require frequency coordination, as specified in Section 91.8(a) hereof, shall be accompanied by evidence of frequency coordination with the sharing service. D. Part 93—Land Transportation Radio Services Section 93.352(a) is amended by adding new limitation (4) to read as follows: $ 93.352 FREQUENCIES BELOW 952 JRZ AVAILABLE FOR BASE AND MOBILE STATIONS.
MIIZ 4 160..71.5 4 160.530 1 160.515 4 160.560 1 160.575 1 160.590 4 160.60.5 Page 11
rejection of the TPT arguments incorporated from its Missoula and Hamilton petitions (see TelePromp Ter Cable Communications Corporation, FCC 74655, - FCC 20 and the relevant case law cited therein) we deny that portion of TPT's Polson petition (CSR96) seeking waiver of the Commission's program exclusivity rules. That a significantly viewed signal (KXLY-TV) may be subject to certain program deletion does not detract from the rights of Station WPAX-TV nor the obligations of the system's operator. We shall, therefore, require TPT to afford same-day network program exclusivity to newly carried Station KPAX-TV on its Polson, Montana cable system. 8. Because the Big Fork system serves fewer than 500 subscribers we shall dismiss, as moot, that portion of CSR-95 seeking waiver of the Commission's program exclusivity rules. Report and Order in Docket No. 18785, FCC 7+-299, — FCC 2d —. The above-cited Report and Order in Docket No. 1878.5 did not, however, adopt the proposed exemption of small systems from the Commission's carriage rules. Therefore, we must now address the carriage issues as they affect Big Fork. As noted earlier, the five-channel capacity Big Fork system now carries five television broadcast signals. Of these five stations, three are licensed to Spokane, Washington, and one is from Lethbridge, Alberta, Canada. None of these four stations casts a predicted Grade B contour over Big Fork and only two (KREN-TV and KXLY-TV, both licensed to Spokane) are significantly viewed * and, therefore, “must-carry" signals. But, Station KPAX-TV, which casts a predicted Grade B contour over the Big Fork cable community, also is a "must-carry" signal. Accordingly, we shall, sua sponte, partially waive Section 76.11 of the Rules and order carriage of Station KPAX-TV on the Big Fork system. As noted in Iloosier Telecable Corporation, FCC 73-1003, 43 FCC 21 218, the Commission never contemplated, and Section 76.6.5 of the Rules does not provide, that a cable system may deny mandatory carriage in favor of a distant signal. Whether TPT meets its carriage obligations by channel expansion, deletion of a signal, or composite carriage, is a matter for its own decision. Furthermore, TPT misconstrues the "service complement” provisions of the Rules. Relevant Section 76.59, applying to Big Fork's smaller market status, first requires (Section 76.59(a)) carriage of certain "must-carry" television broadcast signals. The Commission further specifies (Section 76.59 (b)) that a smaller market system"... may carry sullicient additional signals so that ... it can provide the signals of a full network station of each of the major national television networks, and of one independent television station (emphasis supplied).” But, such additional signals can be added, in the manner specified by the Rules, only if suflicient channel capacity is available. It is irrelevant that certain "additional signals” are al Page 12
$6.409.36 to North American for expenses legitimately and prudently incurred. 4. Northern Entertainment, Inc. (Northern), licensee of station WGTU, channel 29, Traverse City, Michigan has filed a petition asking the Commission to deny Thunder Bay's application, or designate the application for hearing. Northern's petition was filed September 1, 1972, nearly a full year after the filing of Thunder Bay's application September 24, 1971. It was not, therefore, timely filed in accordance with the provisions of section 309(d) (1) of the Communications Act, and accordingly will be dismissed. Likewise, Northern's "Supplement to Petition to Deny," which was filed April 9, 1971, 18 days after Thunder Bay's last major ameniment (as defined by section 1.572 (a) (1)) to its application, rather than within 30 days, as is required by section 1.580(i) of the rules. Therefore, that pleading also will be dismissed. However, the matters contained in Northern's petition raise among other things, unique and important questions concerning the Commission's policy of fostering the development of UITF television, and will therefore be treated as informal objections, pursuant to section 1.587 of the rules. 5. Northern's objections also go to Thunder Bay's asserted failure to demonstrate that it is financially qualified to construct and operate the proposed station. We have considered Northern's claim, and find it is without merit. Thunder Bay's plan of financing includes a loan of $100,000 from the Peoples Bank and Trust Company of Upena; a loan of $30.000 from Mr. T. A. Scanlan, Jr.: cash on hand of S18.111; and stock subscriptions receivable in the amount of $119,850. The following stockholders, Cloyd G. Ramsey, Robert G. Boynton, Donald Rumbles, and Frederick T. Johnston, have not submitted balance sheets or financial statements indicating current and liquid assets sufficiently in excess of current liabilities to permit them to fulfill their stock subscription obligations. Therefore, we will not consider their subscriptions to be available to Thunder Bay, thereby reducing the amount of stock subscriptions receivable from $119,800 to $92.800. Thus, the total funds available to Thunder Bay for the period of construction and the first year of operation are $570,611. Page 13
insofar as is required by the exclusivity requirements of sections 76.91 and 76.151. Thus we conclude that VGTU's audience in Alpena is not one which requires or warrants our intervention to “protect” WGTU against a new station licensed to serve the Alpena community. 27. This would not be the first time the Commission found allegations of adverse UHF impact subordinate to considerations of a first local service. See, e.g., TV Table of Assignments: Mount Vernon, Illinois, 22 FCC 2d 222, 18 RR 2d 1625, atid sub. nom. Plains Television Corporation v. FCC, 142 U.S. App. D.C. 248, 250, 410 F. 2d 276, 278 (1971); and Selma Television, Inc., 29 FCC 20 522, 531,21 RR 2d 1151 (1971), aff'd sub. nom. W COV, Inc. v. FCC, 150 U.S. App. D.C. 303, 464, F. 2d 812 (1972), wherein the Court stated that “[i]t is hardly arbitrary or irrational to hold ... that any UIIF impact is easily outweighed by the need to provide the Selma market with television service." 464 F. 2d, at 815. Once a construction permit is issued to Thunder Bay, Northern may, on "traditional” UIIF impact grounds, oppose future applications for increased height or abandonment of directionalization, if the result of such action by Thunder Bay would be a significant incursion into Northern's service area and revenues. LOY-TV, Inc., 25 FCC 2d 832,20 RR 20 415 (1970). 28. Northern also requests addition of a Carroll issue, 20 alleging that the inauguration of a new VHF service in Alpena would have an adverse economic effect on WGTU's operation with a resulting diminution or loss of television service to the public. However, Northern has not updated its showing in that regard since its Reply pleading of October 16, 1972. At that time, Thunder Bay was proposing a nondirectional operation with substantial (nearly 60 percent) overlap of WGTU's Grade B contour. Since that time, Thunder Bay, as noted above (paragraph 25), has amended its proposal and would overlap WGTU's Grade B contour only over parts of three counties, totalling 398 square miles. In none of its pleadings has Northern made any references to its income from the area which would be overlapped by the Thunder Bay proposal. Thus, applying the standard utilized in the usual Carroll case, Northern's request would be summarily dismissed. South Carolina Educational Television Commission, et al, 18 FCC 2d 328, 332, 16 RR 2d 725 (1969). I lowever, this is not the usual Carroll-type case, where the petitioner's station and the applicant's proposed station would have largely co-extensive service areas. In fact, because of the minor overlap, it is clear that WGTU and Thunder Bay would not be competing for local advertising revenue. However, with respect to regional and national advertisers, in its showing on the UHF impact question, Northern avers that: Page 14
(a) To determine the facts and circumstances surrounding the applicant's negotiations for sale of his construction permit. (b) To determine, in light of the evidence adduced on the above issue, whether the applicant misrepresented his plans for the construction of the station and, if so, whether the applicant has the requisite qualifications to be a Commission licensee. (c) To determine whether the reasons advanced by the applicant, in support of his request for an extension of his completion date, constitute a showing that failure to complete construction was due to causes not under his control or constitute a showing of other matters sufficient to warrant a further extension of time within the meaning of section 319(b) of the Communications Act of 1934, as amended, and section 1.531 (a) of the Commission's rules. (d) To determine, in light of the evidence adduced on the above issues, whether a grant of the application for extension of time within which to complete construction of station KAVU would serve the public interest, convenience and necessity. 7. IT IS FURTHER ORDERED, That, to avail himself of the opportunity to be heard, the applicant herein, pursuant to Sec. 1.221 (C) of the Commission's rules, in person or by attorney, shall, within twenty (20) days of the mailing of this order, file with the Commission, in triplicate, a written appearance stating an intention to appear on the date fixed for the hearing and present evidence on the issues specified in this order. 8. IT IS FURTHER ORDERED, That the applicant herein shall, pursuant to section 311(a) (2) of the Communications Act of 1931, as amended, and section 1.594 of the Commission's rules, give notice of the hearing within the time and in the manner prescribed in such rule, and shall advise the Commission of the publication of such notice as required by section 1.594 (8) of the rules. FEDERAL COMMUNICATIONS COMMISSION, VINCENT J. MULLINS, Secretary. Page 15
tion. Therefore, we must conclude that this fee is unreasonable and inconsistent with Section 76.31(b). Ilowever, in accordance with our rulings in A. N. Cable T'V Company, Inc., 12 FCC 20 291 (1973), and Signal Master, Inc., 44 FCC 20 S60 (1973),10 we consider it to be consistent with the public interest to grant Vanhu a certificate of compliance until 1977 on the basis of a substantially complaint franchise. In A. N. Cable and Signal Master we held that it would be unnecessarily unfair to place an applicant at a competitive disadvantage by requiring it to meet stricter franchise standards than those applicable to its already established competitors in the same community. Here, as in those instances, we will allow all the cable systems in the same community to operate until March 31, 1977, under substantially consistent franchises. In view of the foregoing, the Commission finds that the issuance of the requested application for certificate of compliance until March 31, 1977, is consistent with the public interest, and that a grant of the submitted “Petition[s] for Special Relief” in connection with the above-captioned application is not in the public interest. Accordingly, IT IS ORDERED, That the “Petition[s] for Special Relief”, filed by KIRO, Inc., and by Fisher's Blend Station, Inc., in connection with the above-captioned application for certificate of compliance, ARE DENIED. IT IS FURTHER ORDERED, That the "Application for Certificate of Compliance" (CAC-3219), filed by Vanhu, Inc., IS GRANTED, and an appropriate certificate of compliance be issued. FEDERAL COMUNICATIONS COMMISSION, VINCENT J. MULLINS, Secretary. Page 16
2. Warner's signal carriage proposal is opposed by United Television Company of New Ilampshire, Inc., licen-ee of Station HMURTV (ABC, Channel 9), Manchester, New Ilampshire. This opposition prompted the filing of "Comments" by Boston Broadcasters, Inc., permittee of Station WCVB-TV, Boston, and IGAL Television, Inc., licensee of Television Broadcast Station ITEV, New Bedford, Massachusetts. Additionally, the withdrawal of an opposition originally filed by the Massachusetts Community Antema Television Commission has precipitated the objection of Charles River Cable Television, Inc., an alleged competing applicant for a franchise to construct a cable television system in the City of Quincy: Warner has repliesl. 3. United objects to Warner proposal to carry the signals of television stations licensed to Providence, Rhode Island, and New Bedford, Massachusetts, and to Warner's failure to request carriage of United's WMUR-TV. To support these objections, United argues that I'MURTV competes with the more powerful Boston stations" for audience, programming, and advertisers, and that the station has a significant Quincy audience and places a Grade B signal over all of that community." Consequently, United continues, to deny carriage rights to WMR-TV in Quincy, am to permit the importation of essentially distant" competing signals from the Providence- New Bedformarket, would "worsen WMUR-TV's] competitive position and make it even more difficult for it to compete with the Boston television stations for program product and for advertising support." In response to Uniteil's objection, Warner notes (a) that television stations licensed to Providence and New Bedford are “mandatory” signals pursuant to the provisions of Sections 76.61 (a) (1) and (a) (4) of the Rules, and (2) that carriage of a "distant" full-network station WMUR-TV] that is not "significantly viewed" in Norfolk County, Massachusetts, would not be authorized by any provision of Section 76.61. Warner continues that it would be "agreeable to carriage" of WMUR-TV if such carriage were permitted by this Commission and concludes by asserting that United has not met the "substantial burden" necessary to justify restricting or prohibiting the carriage of otherwise perinissible Providence and New Bedford television signals. In its “Comments," Boston Broadcasters, Inc., objects to Warner's reply insofar as that reply constitutes an amendment to request carriage of WMUR-TV. IGAL Television "strenuously opposes” the efforts of United to secure a prohibition of Warner's carriage of WGAL's WTEV, New Bedford. 4. We conclude that United has not submitted a showing substantial and specific enough to warrant prohibiting the carriage of television signals that would otherwise be permissible and, indeed, could become mandatory under our Rules. Para. 112, Cable Television Report and Order, supra; Spectrum Cable Systems, Inc., FCC 73–256, 10 FCC 2d 1019, recons. denied, FCC 73-1342, 44 FCC 2d 867 (1973); Greater New England Cablevision Co., FCC1642, 45 FCC 2d 597 (1971.3 Additionally, we conclude that United has not submitted a showing susli Page 17
to the need for the disclosure of proprietary information to be determined later by the Administrative Law Judge in the event that the Trial Staff determined that it was relevant and necessary to the issues in the proceeding to introduce it into the record of evidence in the proceeding. The use of the information in the minutes in this proceeding is still being considered by the Trial Stats and the minutes are part of the investigatory file in this inquiry which has been compiled by the Trial Staiť and which is specifically exempted from mandatory disclosure under exemption 7 of the Freedom of Information Act for investigatory files compiled for law enforcement purposes except to the extent available by law to a private party.” 5 U.S.C. 552 (b) (7). In making this determination, we have taken note of the fact that we are not obliged to withhold materials simply because an exemption in the Act is applicable. Section 0.161 (c) of our Rules, 47 CFR 0.161 (c), requires us, in the light of the facts presented and the supporting reasons, to make a public interest judgment on whether to disclose the requested items in spite of the availability of an exemption. We believe, however, that where, as here, no immediate need for disclosure appears and such disclosure may impair our ability to obtain similar materials through informal agreements in future investigations, the grant of your request would not serve the public interest. It should also be noted that while exemption 4 may be applicable to the instant information, the fact that there is authority under exemption 7 to withhold all of the requested material makes it unnecessary for us to determine to what extent exemption 4 may afford an additional basis for non-disclosure. The determination that we have authority under the Freedom of Information Act to withhold the requested minutes does not, of course, operate to preclude the Administrative Law Judge from making a different determination concerning the need to disclose them with respect to a party in the course of the proceedings in Docket No. 19129. Reconsideration of our determination may be sought in accordance with the procedures specified in Section 1.106 of the Rules, 47 CFR 1.106. Commissioner Hooks concurred in the result. BY DIRECTION OF THE COMMISSIOX, VINCENT J. MULLINS, Secretary. Page 18
Public Notice also established a "cut-off" date of July 16, 1973, by which substantially complete applications for permanent and interim operating authority had to be tendered for filing in order to receive comparative consideration. In addition, the Public Notice indicated that the Commission had accepted for filing the applications (BPCT4627 and BPCT-4628) of Dakota for construction permits for new television broadcast stations to operate on channel 7, Rapid City, and channel 5, Lead, South Dakota. Subsequently, in an Order, 41 FCC 2d 170, released June 5, 1973, the Commission granted a motion for stay, filed May 14, 1973, by Black IIills of the effective date of the Commission's July 26, 1972, decision which had denied Black Hills' petition for reconsideration. The Order also granted Black Hills temporary authority to continue the operation of stations KRSD-TV and KDSJ-TV until further order of the Commission. Black IIills was granted temporary authority to operate both stations in order to provide continuity of service to the public while the Commission considered requests for interim operating authority. 3. Thereafter, on July 16, 1973, Western filed applications (BPCT4610 and 4611) for construction permits for new television broadcast stations to operate on channel 7, Rapid City, and channel 5, Lead, South Dakota, and a request for waiver of section 73.636 of the Commission's rules. On the same date, Western also filed the above-captioned applications (BPCTI-13 and 14) for construction permits for interim authority to operate on both channels. Western had requested a waiver of section 73.636 (multiple ownership of the rules for the limited purpose of having its two applications for permanent authority processed. The waiver request arose from the fact that Leslie J. Kleven, 36-percent stockholder, president, and director of Western, is also a 72.9-percent stockholder, president, director, and general manager of Sturgis Radio Co., Inc., licensee of stations KBIIB AM and FM, Sturgis, South Dakota. Since Sturgis is located within the predicted Grade A contours of Western's proposed Rapid City and Lead VHF stations, grant of its applications would be precluded under the "one-to-a-market” provisions of section 73.636(a)(1) of the rules. Dakota, applicant for permanent authority to operate on channel 7, Rapid City, and channel 5, Lead, opposed Western's waiver request and its applications for interim operating authority on the grounds that the applications were not substantially complete when filed. In a Memorandum Opinion and Order, 43 FCC 20 625, released October 31, 1973, the Commission waived section 73.636 of the rules for the limited purpose of processing Western's applications for permanent operating authority. In addition, we found that Western had submitted substantially complete applications for interim operating authority. Finally, in an Order, adopted June 26, 1974, the Chief of the Broadcast Bureau, acting pursuant to delegated authority, designated for comparative hearing the mutually exclusive applications of Western and Dakota for construction permits for permanent authority to operate on channel 7, Rapid City, and channel 5, Lead, South Dakota. Page 19
WSAZ-TV (NBC, Channel 3) Iluntington, West Virginia WOAY-TV (ABC, Channel +) Oak Ilill, West Virginia WWVU (Educ., Channel 2) Vorgantown, West Virginia WTRF-TV (NBC, Channel 7) Wheeling. West Virginia WSTV-TV (CBS ABC, Channel 9) Steubenville, Ohio KDKA-TV (CBS, Channel 2) Pittsburgh, Pennsylvania WTAE-TV (ABC, Channel 4) Pittsburgh, Pennsylvania Weston, WDTV's city of license, is located within the CBS affiliate's predicted principal community contour. Stations WCIIS-TV, Charleston, West Virginia, WSTV-TV, Steubenville, Ohio, and KDKI-TV, Pittsburgh, Pennsylvania, also carried on the system and each broadcasting CBS network programming, do not place even a predicted Grade B contour over the cable community. 3. Weston Television supports its request for waiver of the program exclusivity rules by arguing that: (a) there is no demonstrable need for exclusivity, for WDTV has broadcast since 1960 without resorting to exclusivity protection, which indicates its continuing financial viability; (b) affording program exclusivity protection to WDTV would result in serious inconvenience and higher cost for the system's subscribers; (c) the costs and problems of providing exclusivity protection to WDTV would more than offset any theoretical benefit to the station; and (d) the system's headend is remotely located and not easily accessible-a fact which allegedly prevents prompt reprogramming of switching equipment should a change be necessary. Furthermore, Weston Television asserts that affording Withers" "single-channel" carriage, in combination with exclusivity protection, would leave three cable channels (normally carrying CBS programming from other stations) blank for many hours each day. According to Weston Television, this "blacking-out” would greatly inconvenience and aggravate subscribers and appear to be a diminution of service. The system's operator further maintains, in support of its waiver request, that certain larger systems in the area, which already afford program exclusivity to WDTV, carry the station on more than one cable channel during periods of its protection. 4. The rules do not require that a request for network program exclusivity be made at any particular time, and Weston Television has failed to substantiate its allegations that it or Weston subscribers will be injured by this delayed invocation of exclusivity protection or that WDTV does not need such protection. Accordingly, we reject the system's argument. Massillon Cable TV, Inc., 21 FCC 2d 188 (1970); Imperial Broadcasting Co., Inc. , 19 FCC 2d 791 (1968). Similarly, the system operator has submitted no documentation for its claim that its headend is so inaccessible as to preclude diligent adherence to the Commission's program exclusivity rules. Finally, Weston Television has failed to demonstrate that single channel carriage of a higher priority station in that station's city of license will be injurious to either the system or the public interest. 5. As noted above, Withers has requested (in accordance with the provisions of Section 76.55 (a) (2) of the Commission's Rules) "onchannel" carriage“. except where technically infeasible.” While Weston Television has filed for waiver of Section 76.55 (a) (2), it has Page 20
awarded during the week of July 16 is irresponsibly incorrect with his facts. Note also that the value of the car given away was only about $2,300 or approximately one-sixth of our total yearly giveaway of $13,000. We believe that the amount of the giveaway is quite in line with comparable giveaways during comparable periods since the contest did in fact run about one-sixth of the year. Though it is true that the single item's value exceeds most other single giveaway values, the Commission should not be misled into thinking that a big item giveaway is more effective than a multiple item giveaway of the same cash value. Audiences are quite sophisticated as to their odds for winning, and the multiple giveaways are generally more productive of audience. But whether or not the Commission agrees with this, the fact is that when the contest started, we had no idea that it would be in process during a rating period. In short then, we do not believe that anything about this matter indicates that there was an effort to, or in fact that there was hypoing of our station during a rating period. You further stated : In conclusion then, we wish to assure the Commission that it is not the policy of the station to utilize contests or promotions to influence audience surveys in any manner which the Commission or the Federal Trade Commission would consider hypoing. As we indicated at the commencement of this letter, when the present licensee took over WKYX in November 1971, the station was tat on its back in a number of regards technical as well as programming and audience following. We made a number of changes including improvement of the technical facility, improvement of the public affairs and news programming of the station, plus more active participation in the Community than had hitherto been the case. In addition we changed format and dramatically increased the level of activity in the operation generally. This included a very active program of contests and promotions, and involvement with the people of the Community. This effort found great success, and the result was that the station started for the first time in recent years to become a viable operation. There can be little doubt that this success has shocked and irritated other stations in the market which until now have done little or no promotion, and in the past have been able to loaf along and still maintain large shares of audience. We believe that this has created some animosity, and in all likelihood has engendered the complaint which the Commission has reference to. It is our belief that we have done nothing wrong and that an active station should not be penalized for being active. Indeed, we read the Commission's memo on hypoing, and the NAB's instructions on this point to permit a station to be active with contests and promotions so long as it is not unfairly done to distort any particilar survey or deceive its audience. We have assiduously attempted to avoid any such distortion, and will continue to do so, but hopefully we can remain an active operation serving the public needs of l'aducah and our service area. You also stated that you arranged on June 20, 1973 to have the oneday ARB telephone survey conducted on July 17, 1973 (S a.m. to S p.m.) after you were unable to arrange a survey jointly underwritten by all the Paducah stations, and after you determined that a more extensive survey would be too costly. Of the 36 contests and promotions you listed in your letter as presented from May 1, 1972 through November 30, 1973, 21 were contests. Those with the greatest value prizes were the following: (1) Car Call. Conducted during August and September 1972, this contest awarded $4,000 in cash and prizes to nearly 200 motorists; each won “... a major gift valued from $10 to $100 along with smaller prizes such as theatre passes, Pepsi certificates, sun tan lotion, etc." (2) Secret Sound. Described more fully below, this contest gave a single winner an automobile and other prizes with a total value of $2,300. (3) Car Wash Rip-Off. Aired from January through March 1973, this contest awarded $2,028 in car wash coupons (each winner received coupons worth $39). (4) Movie Flick Rip-Off. In this seven-month promotion with $1,000 of theater passes as prizes, each winner won two passes. (5) Pizza Giveaway. A continuing contest begun in December 1972, this contest awarded two pizzas each week-day. Though the total value of prizes exceeded $800, each pizza was worth but a few dollars. Page 21
presentation of such a major contest at the time of the one-day ARB survey, and your conduct of the contest immediately prior to and during the survey, constituted hypoing, since you knew or should have known that their likely result would be a temporary increase in the size of the stations' audience on the survey date. The complaints received by the Commission also included allegations that you used results of the July 17, 1973. ARB survey improperly. An advertisement you admitted placing in the August 15, 1973 Paducah Sun-Democrat stated in part as follows: AMERICAN RESEARCIL BUREAU AJERICI'S MOST RESPECTED RADIO RATINGS FIRMI Proclaims WKYX Number One Among Adults and/or Young People in Paducah. American Research Bureau Reports WKYX Has More Listeners Than All Other Stations Combined
WKYX–57 Sincerely Thanks You. (ARB Survey is open to public inspection, including from other radio stations.) You also admitted disseminating to many local businesses an invitation which stated as follows: The American Research Bureau, The Nation's most Respected Radio Ratings Service, proclaims WKYX The Number One Radio Station in this area. In celebration of this honor, WKYX-57 invites You and a Guest to a "Number One” party at The Ritz Hotel, Friday, August twenty-fourth, nineteen hundred seventythree, from eight o'clock P.J. to eleven o'clock P.J. RSVP 551–1217. FTC guidelines adopted by this Commission on October 27, 1965 include the following: Audience data are based on sample surveys not derived from complete measurements of audiences. As such, they are statistical estimates, and, at best are of only limited reliability due to errors and distortions inherent in the statistical methods yielding such data. Claims as to audience coverage based on audience surveys should therefore he qualified in recognition of the fact that survey data are inherently imperfect. Any such claims should be accompanied by a disclosure that any figures cited or quoted are estimates only or are based upon estimates, and are not accurate to any precise mathematical degree unless based upon a true probability sample. Audience surveys are not in practice based upon true probability samples. We believe that the nature of the survey required that you exercise special care and candor in disclosing the survey results to a public that included present and potential advertisers. Anything short of full disclosure that the figures represented a report based on only a one-day survey during which the stations presented a major contest might have given a false and misleading impression of the relative ranking of the Paducah stations, and was not a responsible use of audience research. In short, your conduct of a giveaway contest featuring an unusually large prize at the same time a special one-day survey you had ordered was being taken, and your dissemination without qualification of results of that survey, were inconsistent with the obligations set forth in our Public Notice of October 27, 1965. Your actions in this regard have fallen considerably short of the degree of responsibility that we expect of a broadcast licensee. This matter has been made part of the permanent records of WKYX and WKYQ(FM) for consideration in connection with future applications for the stations. By DIRECTION OF THE COMMISSION, Page 22
Request by Comsat for authority to participate in the launch, positioning over the Pacific Ocean, and testing of INTELSAT IV (F-8) satellite granted, July 31, 1974. in the Point-to-Point Microwave Service for additional facilities at radio stations between Chicago, Ill. and New York, N.Y. granted, July 31, 1974. Amendment of Annual Reports Form M for telephone companies, Form O for wiretelegraph and ocean-cable carriers, and Form R for radiotelegraph carriers to change wages and hours schedules adopted, July 31, 1974. Applications of RCA Globcom and RCA Alascom for waivers of CP under sec. 319(d) to permit $5.8 million expenditure toward procurement and construction of satellites for domestic satellite services granted, July 31, 1974. Applications of Amer. Satellite Corp. for authority to construct 3 earth stations at Moffet Naval Air Station, Cal., Offutt AFB, Veb, and Centerville Beach Naval Facility, Cal. for operation in domestic satellite system granted, August 1, 1974. Application of Southern Bell Tel. & Tel. Co. for 214 authority to purchase cable facilities and central office equipment from Amer. Tel. & Tel. in N.C., S.C., Ga. and Fla. granted, August 1, 1974. Applications of Southern Bell Tel. & Tel. Co. and Southeastern Tel. Co. for author ity to establish new microwave radio route between Panama City, Fla. and Ellisville, Fla. via Mule Creek and Newport, Fla. and other points and a side leg from Newport to Tallahasee, Fla. granted, August 1, 1974. Effective date of new procedures to be followed in dealing with petitions to deny applications in Domestic Public Land Mobile Radio Service extended through Sept. 5, 1974, August 2, 1974. operation of domestic satellite system för 60 days granted, June 27, 1974. Inquiry into domestic satellite tariffs of Western Union, American Satellite Corp., RCA Globcom and Alascom instituted, June 27, 1974. existing facilities in Cal., Nev., Wash., Oreg., and Ida. granted, August 13, 1974. Application of Western Union for 214 authority to discontinue its "CF" mes senger delivery station at Phoenix, Ariz. granted, August 15, 1974, Application of Southern Bell Tel. Co. for 214 authority to install, construct and operate cable and carrier facilities within N.C., S.C., Ga., and Fla. granted, August 16, 1974.
Report of Mail Received in the Broadcast Bureau for the Month of May 1974 noted, June 19, 1974. Report of Mail Received in the Broadcast Bureau for the Month of June 1974 noted, July 31, 1974.
Staff authorized to designate all applications and authorizations of Arthur W. Brothers, Boulder City, Nev., The Telephone Co., Inc., and the Silver Beehive Tel. Co. for hearing in a consolidated proceeding, July 2, 1974. 47 F.C.C. 20 Page 23
ANTENNA, DIRECTIONAL SEE ALSO DIRECTIONAL ANTENNA HEARING DESIGNATED TO DETERMINE WHETHER MINOR CHANGE (DIRECTIONAL ANTENNA) IN REDUCING POWER OUTPUT WILL AFFORD ADEQUATE PROTECTION TO CO-CHANNEL STATION, HEARING FURTHER DESIGNATED TO DETERMINE APPARENT VIOLATION OF SECS. 1.526, 1.613(B)(3), 1.615(C)(E), 310(B), ISSUES OF MISREPRESENTATION AND CANDOR AND CORPORATE AUTHORITY COSMOPOLITAN ENTERPRISES, INC. 47FCC2D0325
ANTENNA, HEIGHT OF, SEE ALSO ANTENNA AIRSPACE AND FAA REGS. SEC. 95.3 AMENDED TO PERMIT CLASS C AND D CITIZENS RADIO SERVICE ANTENNAS A MAXIMUM HEIGHT, INCLUDING SUPPORTING STRUCTURE, OF 60-FEET, WHILE MAINTAINING THE PRESENT 20-FOOT LIMIT, ON OMNI-DIRECTIONAL ANTENNAS. ANTENNA HEIGHT RESTRICTIONS 47FCC2D0974
ANTI-COMPETITIVE PRACTICE SEE ALSO COMPETITIVE PRACTICES PETITION FOR STAY OF ORDER TO PROHIBIT APPLICATION OF SYNDICATION EXCLUSIVITY TO STATIONS WAKR-TV AND KLOC-TV PENDING COURT APPEAL DENIED. SEC. 76.658(M) NOTE 2 PROVISION DESIGNED TO PROTECT FOR TWO YEARS THE TWO OVERSHADOWED STATIONS, IS NOT AN ARBITRARY OR UNREASONABLE ACTION. PETITIONER FAILED TO MEET BURDEN OF SHOWING IRREPARABLE INJURY TO THE PUBLIC. CABLE TV SUPPLIERS 47FCC2D0869
PETITION FOR SPECIAL RELIEF TO COMPEL DISCONTINUANCE OF COMPETITIVE PRACTICE BY FREE POLE ATTACHMENT BY CITY OWNED CATV SYSTEM, DENIED. THE COMMISSION WILL NOT DISCOURAGE COMPETITION BETWEEN PRIVATELY OWNED AND PUBLIC CATV SYSTEMS IN THE SAME COMMUNITY. PETITIONER MAY PRESS CLAIM OF DISCRIMINATORY USE OF POLE ATTACHMENT RIGHTS IN A SEPARATE PROCEEDING. CONSOLIDATED TV CABLE SERVICES, INC. 47FCC2D1041
ANTI-COMPETITIVE PRACTICE, COMMON CARRIER
APPLICATION FOR RENEWAL OF LICENSES IN RADIO COMMON CARRIER STATIONS, GRANTED UPON SHOWING THAT INTERCONNECTION RATE CHARGES WERE COMPENSATORY (NOT BELOW COST) AND THEREFORE NOT ANTICOMPETITIVE OR MONOPOLISTIC. FAILURE TO JUSTIFY A UNIT CHARGE DID NOT CONSTITUTE MISCONDUCT EVEN THOUGH UNIT CHARGE WAS DISALLOWED. UNITED TEL. CO. OF OHIO 47FCC2D0127
APPEALABLE ACTION, SEE ACTION APPEALABLE ISSUES ENLARGED IN COMPARATIVE HEARING TO INCLUDE POSSIBLE EX PARTE RULE VIOLATION. THE REVIEW BOARD HAS AUTHORITY UNDER SEC. 1.1251 TO REVIEW AN EXECUTIVE DIRECTOR RULING BY PROVIDING FOR THE IMPOSITION OF SANCTIONS, IND DOES NOT PRECLUDE A PARTY FROM RAISING THE SAME QUESTIONS ON THE RECORD OF THE RESTRICTED PROCEEDING. LAWRENCE, JERRY 47FCC2D0919
APPLICATION, AMENDMENT OF SEE ALSO ISSUE, RULE 1.65
MUTUALLY EXCLUSIVE APPLICATION FOR STANDARD B/C STATIONS BOTH DENIED FOR FAILURE TO ASCERTAIN THE NEEDS OF THE PROPOSED SERVICE AREA AND COMPLY WITH THE PRIMER OF COMMUNITY PROBLEMS. FAILURE TO AMEND APPLICATION TO REPORT DEATH OF 20 PERCENT STOCKHOLDER IS A VIOLATION OF RULE 1.65. AZALEA CORP. 47 FCC2D0151
APPLICATION, AMENDMENT OF, CURRENT INFORMATION, AMENDMENT OF SECS. 76.7, 76.13 AND 76.15 TO REQUIRE CATV APPLICANTS AND OTHER PARTIES TO THESE PROCEEDINGS TO KEEP THEIR FILING CURRENT. CABLE TV PROCEDURES 47FCC200182
APPLICATION, AMENDMENT OF, EFFECT OF DELAY IN FILING
INTERLOCUTORY APPEAL FROM ORDER DENYING AMENDMENT TO APPLICATION TO ALLOW AMENDED EQUIPMENT PROPOSAL DENIED, SINCE FILED LATE AND GOOD CAUSE FOR LACK OF DILIGENCE IS NOT SHOWN (SEC. 1.522). THE AMENDMENT IS SEEKING TO INTRODUCE AN ENTIRELY NEW PROPOSAL. RADIO RIDGEFIELD, INC. 47FCC2D0402
APPLICATION, AMENDMENT OF, FAILURE TO FILE
MUTUALLY EXCLUSIVE APPLICATION FOR STANDARD BIC STATIONS BOTH DENIED FOR FAILURE TO ASCERTAIN THE NEEDS OF THE PROPOSED SERVICE AREA AND COMPLY WITH THE PRIMER OF COMMUNITY PROBLEMS. FAILURE TO AMEND APPLICATION TO REPORT DEATH OF 20 PERCENT STOCKHOLDER IS A VIOLATION OF RULE 1.65. AZALEA CORP. 47FCC2D0151
APPLICATION, CURRENT INFORMATION, SEE APPLICATION, AMENDMENT
MOTION TO ENLARGE ISSUES DENIED AS TO ADDITION OF DISCLOSUREISSUE SINCE INADVERTENT FAILURE TO AMEND APPLICATION TO REFLECT OTHER PENDING APPLICATIONS NOT SUFFICIENT TO RAISE SEC. 1.65 AND 1.514 ISSUES, BUT GRANTED AS TO FINANCIAL ISSUE SINCE ACCOUNTS RECEIVABLE FROM CO-OWNED STATION CANNOT BE RELIED ON TO ESTABLISH FINANCIAL QUALIFICATION IN ABSENSE OF SPECIAL SHOWING. DAVID ORTIZ RADIO CORP. 47FCC2D0028
MOTION TO ENLARGE ISSUES TO INCLUDE FULL DISCLOSURE (SEC. 1.514) AND CURRENT INFORMATION (SEC. 1.65) ISSUES, DENIED SINCE FACTUAL BASIS OF QUESTIONS RAISED WERE ALREADY BEFORE COMMISSION AND THE VIOLATION WAS UNINTENTIONAL, WITH NO ATTEMPT TO MISLEAD OR CONCEAL THE BASIC FACTS. WESTERN CONN. BICING. 47 FCC2D0142
PETITION TO ENLARGE ISSUES TO INCLUDE A CURRENT INFORMATION ISSUE (SEC. 1.65) GRANTED SINCE APPLICANT FAILED TO AMEND APPLICATION TO REFLECT CHANGE IN CORPORATE STATUS OF A STOCKHOLDER. WESTERN CONN. B/CING CO. 47FCC200145
MOTION TO ENLARGE ISSUES TO INCLUDE SEC. 1.65 (CURRENT INFORMATION) AND FINANCIAL ISSUED DENIED FOR UNTIMELINESS UNDER SEC. 1.229(B). ADDITIONALLY, NEW BANK COMMITMENT LETTER SUBMITTED SATISFACTORILY ESTABLISH FINANCIAL QUALIFICATION. INTERCAST, INC. 47FCC2D0355
PETITION TO ENLARGE ISSUES TO INCLUDE SEC. 1.65 ISSUE DENIEDWHERE APPLICANT VOLUNTARILY DISCLOSED TO THE COMMISSION THE FILING OF AN ANTI-TRUST SUIT AGAINST ITS PARENT COMPANY. RKO GENERAL, INC. 47FCC2D0939
APPLICATION FOR NEW DAYTIME ONLY AM STATION, DENIED SINCE RELIANCE ON WEEKLY ONE HOUR CALL IN PROGRAM HELD TO BE INADEQUATE TO MEET COMMUNITY PROBLEMS AS DETERMINED FOR THE COMMUNITY SURVEY. SOUTHEAST ARK. RADIO, INC. 47FCC2D0835
APPLICATION, FILING, TIME
REQUEST FOR WAIVER OF SEC. 1.516(E) REQUIRING APPLICATION MUTUALLY EXCLUSIVE WITH EXISTING LICENSEE BE FILED WITHIN SPECIFIED TIME PERIOD DENIED. EXISTING SILENT NON-COMMERCIAL STATION HAS STATED INTENT TO RESUME BROADCAST. FREQUENCY SPECIFIED IS NOT THE ONLY CHANNEL LOCALLY AVAILABLE FOR EDUCATIONAL USE. TRIANGLE WOMENS RADIO, INC. 47FCC2D0125
APPLICATION FOR WAIVER OF SEC. 1.516(E)(1) (FIL OF NEW APPLICATION IN CONFLICT WITH RENEWAL) DENIED. FOR WAIVER, AN APPLICANT MUST PRESENT POSITIVE REASONS WHY AN EXCEPTION SHOULD BE MADE IN ITS CASE, ALLEGATIONS OF LATENESS BY RENEWAL APPLICANT IS NOT SUFFICIENT. ALTHOUGH THE COMMISSION DOES NOT CONDONE LATE FILED RENEWAL APPLICATIONS, SUCH APPLICATIONS ARE PROPERLY ACCEPTED BY THE COMMISSION STAFF. PRAIRIE B/CING CO. 47FCC2D0373
ASCERTAINMENT OF COMMUNITY PROBLEMS, SEE COMMUNITY PETITION TO ENLARGE ISSUES TO INCLUDE NEWS BROADCAST PRACTICES, SUBURBAN AND COMPARATIVE EFFORTS ISSUES, DENIED. SINCE NON-MANAGERIAL EMPLOYEES ISOLATED AND UNSUCCESSFUL ATTEMPT TO STAGE A NEWSEVENT CONSTITUTES INSUFFICIENT BASIS FOR A NEWS PRACTICES ISSUE, AND NO SHOWING WITH SUPPORTING DATA, WAS MADE WHICH WOULD INDICATE A SIGNIFICANT GROUP WAS OMITTED IN APPLICANTS ASCERTAINMENT EFFORTS. RKO GENERAL, INC. 47FCC2D0824 RENEWAL OF LICENSE GRANTED. APPLICANTS MINORITY EMPLOYMENT IS WITHIN ZONE OF REASONABLENESS WHEN LICENSEES POSITIVE EFFORTS ARE CONSIDERED, FCC WILL NOT SUBSTITUTE ITS JUDGMENT FOR THAT OF THE LICENSEE CONCERNING THE TYPES, OR BROADCAST SCHEDULE OF PROGRAMS DESIGNED TO MEET ITS PUBLIC DUTY. THAT MOST OF COMMUNITY CONTACTS WERE WHITE MALES DOES NOT INVALIDATE THE ASCERTAINMENT, NATIONAL B/CING COS. 47FCC200803
AMENDMENTS ADOPTED IN SEC. 21.703(G) OF THE RULES TO CLARIFYMAXIMUM AUTHORIZED BANDWIDTHS IN 2150-2160 MHZ RANGE, VARIAN ASSOCIATES 47FCC2D0957
BROADCASTING, RE-REGULATION RULE CHANGES ADOPTED PURSUANT TO CONTINUING STUDY BY THE TASK FORCE ON RE-REGULATION OF BROADCASTING IN PARTS 1, 13, 73 AND 74 OF THE RULES. RE-REGULATION OF RADIO AND TV BICING 47FCC200619
BURDEN OF PROOF SEE ALSO EVIDENCE PETITION FOR MODIFICATION OF ISSUES PARTIALLY GRANTED TO SHIFT THE BURDEN OF PROOF TO THE MOVING PARTY SEEKING TO MODIFY ITS EXISTING FACILITIES. EASTERN MICH. UNIVERSITY 47FCC2D1059
BUSINESS RADIO SERVICE, TECHNICAL STANDARDS
WAIVER OF RULES TO USE NON-TYPE-ACCEPTED RADIO EQUIPMENT IN THE BUSINESS RADIO SERVICE DENIED FOR FAILURE TO SUPPORT WITH COMPELLING REASON. WITR RADIO 47FCC2D1269
CABLE TV RELAY SERVICE, SEE CATV CABLE TV RELAY SERVICE APPLICATION FOR LICENSE IN THE CABLE TELEVISION RELAY SERVICE GRANTED SUBJECT TO ANY APPROPRIATE CONDITIONS PENDING OUTCOME OF RELATED JUDICIAL DECISION, SPECTRUM COMM., INC. 47FCC2D0849
NOTICE OF PROPOSED RULEMAKING TO AMMEND SECS. 97.51 AND 97.53 TO MAKE SPECIAL CALL SIGNS AVAILABLE TO STATIONS LICENSED TO AMATEUR EXTRA CLASS OPERATIONS. AMATEUR EXTRA CLASS-CALL SIGNS 47FCC2D0641
CARGO SHIPS, SEE ALSO MARITIME SERVICE OR VESSEL NAVIGATION OF VESSEL WITHOUT SAFETY CERTIFICATE WOULD NOT CONSTITUTE AN ENFORCEABLE VIOLATION WHERE THE VESSEL DOES NOT VISIT PORT AT LEAST ANNUALLY. WHERE THE VESSEL IS AT SEA FOR SUCH INDEFINITE PERIODS OF TIME, SAFETY INSPECTION WOULD BE IMPOSSIBLE. JOHANSEN, PAUL A. 47FCC2D0796
APPLICATION FOR NEW VHF STATION AND APPROVAL OF REIMBURSEMENT AGREEMENT (SEC. 311(C)(3)) GRANTED. FIRST LOCAL SERVICE CONSIDERATIONS OVERRIDE ADVERSE IMPACT ON UHF STATION WHERE CONTOUR OVERLAP IS MINIMAL AND UHF STATIONS CARRIAGE ON AREA CATV SYSTEM IS PRESENTLY ENTIRELY FORTUITOUS AND DISCRETIONARY. CARROLL AND FINANCIAL ISSUES REJECTED. THUNDER BAY BICING CORP. 47FCC2D1227
CATV CERTIFICATE OF COMPLIANCE DENIED FOR FAILURE TO COMPLY WITH FRANCHISE FEE LIMITATIONS AND SEC. 76.251(A)(5) ACCESS REQUIREMENTS. PAYMENT OF A LUMP SUM FEE TO THE FRANCHISE AUTHORITY WOULD HINDER THE DEVELOPMENT OF CATV SYSTEMS IN MANY AREAS AND MAY INHIBIT THE SMOOTH FUNCTIONING OF THE PLANNED REGULATORY PROGRAM. ORANGE CABLEVISION, INC. 47FCC2D0603
CERTIFICATE OF COMPLIANCE GRANTED WITH WAIVER OF SEC. 76.251(A)(2) WHERE MINIMUM ACCESS REQUIREMENTS ARE MET, AND THE EXTRA COST OF 6 ADDITIONAL CHANNELS WOULD BE UNREASONABLE IN LIGHT OF THE NUMBER OF POTENTIAL SUBSCRIBERS. SONIC TV SYSTEMS, LTD. 47FCC2D1214
CATV ACCESS, COMMUNITY OF INTEREST
REQUEST FOR WAIVER OF SEC. 76.251 TO ALLOW SHARING OF ACCESSCHANNEL BY COMMUNITIES WITH STRONG COMMUNITY OF INTERESTS APPROVED. ACCESS PROPOSAL FOUND REASONABLE IN LIGHT OF CLOSE PROXIMITY OF FACILITIES TO SHARING COMMUNITIES, BY PROPOSED USE OF MOBILE UNIT, AND BY AVAILABILITY OF ADDITIONAL CHANNELS SHOULD NEED FOR SEPARATE ACCESS CHANNELS ARISE. UNIVERSAL TV CABLE SYSTEM, INC. 47FCC2D0267
CATV ACCESS, CONGLOMERATE SYSTEMS
PROVISION IN CATV FRANCHISE FOR 2 FREE RESERVED ACCESS CHANNELS EXCEEDS THE SINGLE CHANNEL SPECIFIED IN SEC. 76.251 (A) AND NO JUSTIFICATION PROVIDED. PROSCRIPTION OF COMMERCIAL USE OF THESE CHANNELS VIOLATES SEC. 76.1251(A)(7) PERMITTING LEASING OF UNUSED PORTIONS. FREE WIRING OF SCHOOLS AND PUBLIC BUILDINGS BY CATV SYSTEM CONSTITUTES A FRANCHISE FEE IN KIND CONTRARY TO SEC. 76.31(B). INT. TELEMETER OF NEW BEDFORD 47FCC2D0469
CERTIFICATE OF COMPLIANCE GRANTED FOR PARTIAL WAIVER OF SEC.76.251(A)(4) TO ALLOW SHARED STUDIO AND PRODUCTION ACCESS FACILITIES. COAXIAL COMM. OF WHITEHALL, INC. 47FCC2D1035
PETITION FOR RECONSIDERATION OF COMMISSION DECISION (40 FCC2D 981). CHALLENGING CARRIAGE OF A DISTANT EDUCATIONAL STATION DISMISSED SINCE PETITION WAS FILED LATE AND PETITIONER HAD NOT PREVIOUSLY PARTICIPATED IN THE PROCEEDING. LOSS OF LOCAL FINANCIAL SUPPORT WAS NOT SUBSTANTIATED. GULF COAST-BELLAIRE CABLE TV 47FCC2D0214
REQUEST FOR WAIVER OF SEC. 76.251(C) GRANTED TO ALLOW SHARING BY TWO SYSTEMS OF ACCESS CHANNEL REQUIRED BY ADDITIONAL CARRIAGE OF DISTANT INDEPENDENT SIGNALS ON CATV SYSTEM IN A MAJOR MARKET. DOUBLING UP OF EDUCATIONAL ACCESS AND SECOND EDUCATIONAL BROADCAST SIGNAL APPROVED UNTIL 1977. LEESBURG CABLEVISION, INC. 47FCC2D0922
PROVISION IN CATV FRANCHISE FOR 2 FREE RESERVED ACCESS CHANNELS EXCEEDS THE SINGLE CHANNEL SPECIFIED IN SEC. 76.251 (A) AND NO JUSTIFICATION PROVIDED. PROSCRIPTION OF COMMERCIAL USE OF THESE CHANNELS VIOLATES SEC. 76.1251(A)(7) PERMITTING LEASING OF UNUSED PORTIONS. FREE WIRING OF SCHOOLS AND PUBLIC BUILDINGS BY CATV SYSTEM CONSTITUTES A FRANCHISE FEE IN KIND CONTRARY TO SEC. 76.31(B). INT. TELEMETER OF NEW BEDFORD 47FCC2D0469
CATV ACCESS, PRODUCTION FACILITIES CERTIFICATE OF COMPLIANCE GRANTED FOR PARTIAL WAIVER OF SEC.76.251(A)(4) TO ALLOW SHARED STUDIO AND PRODUCTION ACCESS FACILITIES. COAXIAL COMM. OF WHITEHALL, INC. 47FCC2D1035
CERTIFICATE OF COMPLIANCE GRANTED AFTER AMENDMENT OF FRANCHISE TO CONFORM WITH SEC. 76.31(A), AND PARTIAL WAIVER OF SEC. 76.251(A)(4) GRANTED TO PERMIT ACCESS STUDIO AND PRODUCTION FACILITIES TO BE SHARED BY TWO COMMUNITIES. COMMUNITY TV, INC. 47FCC2D0024
REQUEST FOR PARTIAL WAIVER OF ACCESS RULE (SEC. 76.251(A) (4)) GRANTED TO PERMIT SHARING OF SINGLE STATION BY FIVE COMMUNITIES. REQUEST FOR COMPLETE WAIVER FOR ONE COMMUNITY REJECTED FOR FAILURE TO SHOW UNDUE BURDEN OF PROVIDING ACCESS. ALTERNATIVE TO FRANCHISE IN COUNTY AREA REJECTED AS UNACCEPTABLE TO ASSURE COMPLIANCE WITH RULES MOBILE TV CABLE CO., INC. 47FCC2D0093 REQUEST FOR WAIVER OF SEC. 76.251(C) GRANTED TO ALLOW CHARING BY TWO SYSTEMS OF ACCESS CHANNEL REQUIRED BY ADDITIONAL CARRIAGE OF DISTANT INDEPENDENT SIGNALS ON CATV SYSTEM IN A MAJOR MARKET. DOUBLING UP OF EDUCATIONAL ACCESS AND SECOND EDUCATIONAL BROADCAST SIGNAL APPROVED UNTIL 1977. LEESBURG CABLEVISION, INC. 47FCC2D0922
WAIVER OF SEC. 76.251 GRANTED TO ALLOW USE OF SHARED ACCESS STATIONS. ACCEPTABLE ALTERNATE TO FRANCHISE PROPOSED FOR SYSTEMS IN TOWNSHIPS WITHOUT FRANCHISE AUTHORITY ARMSTRONG UTILITIES, INC. 47FCC2D0977 CERTIFICATE OF COMPLIANCE GRANTED AUTHORIZING CARRIAGE OF INDEPENDENT CANADIAN SIGNAL TO MEET SEC. 76.61 MINIMUM SERVICE COMPLEMENT. ADDITIONAL CANADIAN SIGNAL DENIED WHERE STATION CARRIES MORE THAN 10 HOURS OF NETWORK PRIMETIME PROGRAMS AND IS THEREFORE NOT INDEPENDENT (SEC. 76.5(N)). TEMPORARY WAIVER OF SEC. 76.0251 GRANTED TO ALLOW SHARED USE OF ACCESS CHANNELS. CABLE TV PUGET SOUND 47FCC2D0996
CATV CABLE TV RELAY SERVICE (CARS), SEE ALSO CATV CARS
CONSTRUCTION PERMITS GRANTED IN CABLE TV RELAY SERVICE TO CONNECT TV PRODUCTION STUDIO AT CLINIC WITH LOCAL CATV SYSTEM HEADEND FOR TRANSMITTAL TO NEARBY HOSPITALS. WAIVER OF SECS. 78.3 AND 76.7(A) REQUIRING A CARS LICENSEE TO OWN OR OPERATE A CATV SYSTEM GRANTED WHERE PROVIDING LIVE MEDICAL EDUCATIONAL PROGRAMMING WOULD BE IN THE LOCAL COMMUNITIES INTEREST. MAYO FOUNDATION OF THE MAYO CLINIC 47FCC2D0735
SEC. 78 OF RULES AMENDED TO ADD ALTERNATIVE CHANNEL ARRANGEMENT AND REDUCE THE BANDWIDTHS AVAILABLE FOR INTRA-CITY, STATIONS. INTRA-CITY STATIONS 47FCC2D0791
CATV CARRIAGE, CANADIAN SIGNALS APPLICATION FOR CARRIAGE OF CANADIAN SIGNALS, GRANTED; OPPOSITIONS THAT APPLICANT BE REQUIRED TO CARRY THESE SIGNALS FULL TIME, DENIED. PETITIONS TO LIMIT CATV SYSTEMS USE OF SEC. 76.61(B)(2)(11) (DISCRETIONARY LOCAL PROGRAM SUBSTITUTION PROVISION) AS A PENALTY FOR PAST VIOLATIONS OF OTHER SECTIONS DENIED. PAST VIOLATIONS REQUIRE A CLOSE CHECK OF FUTURE OPERATIONS BUT NOT THE RELIEF REQUESTED. LACKAWANNA CABLEVISION, INC. 47FCC2D0798 CERTIFICATE OF COMPLIANCE GRANTED AUTHORIZING CARRIAGE OF INDEPENDENT CANADIAN SIGNAL TO MEET SEC. 76.61 MINIMUM SERVICE COMPLEMENT. ADDITIONAL CANADIAN SIGNAL DENIED WHERE STATION CARRIES MORE THAN 10 HOURS OF NETWORK PRIMETIME PROGRAMS AND IS THEREFORE NOT INDEPENDENT (SEC. 76.5(N)). TEMPORARY WAIVER OF SEC. 76.0251 GRANTED TO ALLOW SHARED USE OF ACCESS CHANNELS. CABLE TV PUGET SOUND 47FCC2D0996 Page 24
CATV CARRIAGE, ECONOMIC IMPACT
PETITION FOR RECONSIDERATION OF COMMISSION DECISION (40 FCC2D 981), CHALLENGING CARRIAGE OF A DISTANT EDUCATIONAL STATION DISMISSED SINCE PETITION WAS FILED LATE AND PETITIONER HAD NOT PREVIOUSLY PARTICIPATED IN THE PROCEEDING. LOSS OF LOCAL FINANCIAL SUPPORT WAS NOT SUBSTANTIATED. GULF COAST-BELLAIRE CABLE TV 47FCC2D0214
PETITION FOR RECONSIDERATION OF DECISION ALLOWING CARRIAGE OF DISTANT SIGNALS DENIED WHERE CATV SYSTEM CARRIAGE OF DISTANT SIGNAL WAS AUTHORIZED BY EXISTING RULES, AND WHERE SPECIFIC ECONOMIC INJURY NOT SUPPORTED. CITY OF COLUMBIA, MO. 47FCC2D0783
CERTIFICATES OF COMPLIANCE GRANTED TO CATV SYSTEMS, OUTSIDE ALL MARKETS, TO AUTHORIZE CARRIAGE OF DISTANT SIGNALS (SEC. 76.57(B)). A PETITION FOR SPECIAL RELIEF TO PREVENT CARRIAGE DENIED IN THE ABSENCE OF SUFFICIENT SHOWING OF ECONOMIC HARM. MULTI-PIX, INC. 47FCC2D1138
PETITION FOR RECONSIDERATION OF DECISION (45 FCC 2D 304) GRANTING WAIVER OF SECS. 76.63(A) AND 76.61(B)(2)(1) LEAPFROGGING RULES, DENIED AS TO GRANT OF WAIVER BUT GRANTED AS TO CONDITIONING GRANT WITH REQUIREMENT THAT CATV SYSTEM MAY NOT DELETE THE NEWS AND PUBLIC AFFAIRS PROGRAMMING OF THE DISTANT STATIONS PERMITTED TO BE CARRIED BY VIRTURE OF THE WAIVER. FIRST ILL. CABLE TV, INC. 47FCC2D0715
APPLICATION FOR CARRIAGE OF CANADIAN SIGNALS, GRANTED; OPPOSITIONS THAT APPLICANT BE REQUIRED TO CARRY THESE SIGNALS FULL TIME, DENIED. PETITIONS TO LIMIT CATV SYSTEMS USE OF SEC. 76.61(B)(2)(II) (DISCRETIONARY LOCAL PROGRAM SUBSTITUTION PROVISION) AS A PENALTY FOR PAST VIOLATIONS OF OTHER SECTIONS DENIED. PAST VIOLATIONS REQUIRE A CLOSE CHECK OF FUTURE OPERATIONS BUT NOT THE RELIEF REQUESTED. LACKAWANNA CABLEVISION, INC. 47FCC2D0798
CATV CARRIAGE, GRANDFATHERED SIGNALS
APPLICATIONS FOR CATV CERTIFICATES OF COMPLIANCE TO COMMENCEOPERATION GRANTED WHERE NO EVIDENCE SUPPORTING CHARGE OF UNAUTHORIZED TRANSFER OF CONTROL IS OFFERED TO REBUT APPLICANTS AFFIDAVIT. NOTICE OF PROPOSED OPERATIONS UNDER SEC. 74.1105 ENTITLED SYSTEM TO GRANDFATHER STATUS EVEN THOUGH THE THEN-EXISTING FRANCHISES WERE ALLEGEDLY INVALID (SEC. 76.65). LVO CABLE OF CONNECTICUT, INC. 47FCC2D0479
CATV SYSTEM ALLOWED TO OPERATE WITHOUT CERTIFICATE OF COMPLIANCE PENDING LOCAL FRANCHISE AND TO CONTINUE TO CARRY GRAND-FATHERED SIGNALS. THE QUESTIONED SIGNALS WERE FIRST CARRIED WHILE THE PRESENT REGULATIONS WERE IN PROPOSED FORM, CARRIAGE WAS NOT OBJECTED TO BY LOCAL STATIONS, AND WAS CONSISTANT WITH THEN EXISTING RULES. CABLE TV OF ROCHESTER, INC. 47FCC2D0010
REQUEST FOR WAIVER OF FORMER SEC. 74.1105(A) (NOTICE TO TV LICENSEE) AND FOR GRANDFATHERED STATUS TO SIGNAL CARRIAGE (SEC. 76.65 AND 76.159), DENIED, WHERE NOTIFICATION WAS NOT GIVEN, THOUGH NON-COMPLIANCE WAS INADVERTANT. SPECIAL RELIEF GRANTED TO ALLOW CONTINUED CARRIAGE SUBJECT TO EXCLUSIVITY RULES. ROLLINS CABLEVISION 47FCC2D0258
PETITION FOR RECONSIDERATION OF COMMISSION DECISION (38 FCC2D 297) ALLOWING CATV CARRIAGE OF DISTANT NETWORK STATION GRANTED ON SHOWING THAT LOCAL AFFILIATE DOES CONSTITUTE A FULL NETWORK STATION. (SEC. 76.5(0)) GRANDFATHERING WAS NOT CONSIDERED IN GRANT OF THE APPLICATION FOR CARRIAGE OF DISTANT NETWORK STATION ORIGINALLY. CSRA CABLEVISION, INC. 47FCC2D0567
REQUEST FOR ISSUANCE OF SHOW CAUSE ORDER TO CEASE CARRIAGE OF DISTANT NETWORK SIGNAL DENIED. GRANDFATHERING RIGHTS WERE NOT ABROGATED WHERE SYSTEM AFFORDED ONLY PART-TIME CARRIAGE DUE TO LIMITED CHANNEL CAPACITY FOR A PERIOD OF TIME BUT IS PRESENTLY CARRYING THE STATION FULL TIME. IRON RANGE CABLE TV 47FCC2D0908
CATV CARRIAGE, MAJOR MARKET CERTIFICATE OF COMPLIANCE GRANTED SINCE FRANCHISE PROCEDURESOF SEC. 76.31(A)(1) WERE FULLY COMPLIED WITH. ABSENT EVIDENCE TO THE CONTRARY, DETAILED ASSURANCES FROM LOCAL AUTHORITIES OF PUBLIC PARTICIPATION IN THE FRANCHISING PROCESS WILL BE ACCEPTED. OPPOSITION SEEKING TO DENY CARRIAGE OF MANDATORY SIGNAL DENIED. WARNER CABLE OF QUINCY 47FCC2D1248
CATV CARRIAGE, MAJOR MARKET, ETV STATIONS APPLICATION TO ADD EDUCATIONAL STATION TO CATV SYSTEM GRANTED. CARRIAGE OF SUBSCRIPTION PORTIONS OF STATION PROGRAMMING IS NOT NOW REQUIRED AND REQUESTS FOR SUCH CARRIAGE ON INDIVIDUAL SYSTEMS WILL NOT BE DEALT WITH IN THE CERTIFICATING PROCESS. (SEC. 73.651). MICRO-CABLE COMM. CORP. 47FCC2D0370
CATV CERTIFICATE OF COMPLIANCE GRANTED. CARRIAGE OF UNAUTHORIZED EDUCATIONAL SIGNAL WITHOUT COMMISSION AUTHORITY (SEC. 76.11) FOUND NOT SUFFICIENT TO WARRANT DENIAL OF APPLICATION WHERE, DUE TO SUBSEQUENT RULE CHANGES, THE SIGNAL BECAME A MUST CARRY SIGNAL REQUIRING NO AUTHORIZATION. CATV OF ROCKFORD, INC. 47FCC2D0554
CATV CARRIAGE, MAJOR MARKET, INDEPENDENT LEAPFROGGING
CERTIFICATE OF COMPLIANCE GRANTED AND SEC. 76.61(B)(2) WAIVED TO ALLOW CARRIAGE OF LEAPFROGGED INDEPENDENT SIGNAL WHERE CLOSE TIES EXIST BETWEEN THE CITIES. IN-STATE PROGRAMMING WILL NOT BE DELETED. GENERAL ELECTRIC CABLEVISION CORP. 47FCC2D1081
CATV CARRIAGE, MAJOR MARKET, INDEPENDENT STATIONS
REQUEST FOR WAIVER OF SEC. 76.251(C) GRANTED TO ALLOW SHARING BY TWO SYSTEMS OF ACCESS CHANNEL REQUIRED BY ADDITIONAL CARRIAGE OF DISTANT INDEPENDENT SIGNALS ON CATV SYSTEM IN A MAJOR MARKET. DOUBLING UP OF EDUCATIONAL ACCESS AND SECOND EDUCATIONAL BROADCAST SIGNAL APPROVED UNTIL 1977. LEESBURG CABLEVISION, INC. 47FCC2D0922
CERTIFICATE OF COMPLIANCE GRANTED AUTHORIZING CARRIAGE OF INDEPENDENT CANADIAN SIGNAL TO MEET SEC. 76.61 MINIMUM SERVICE COMPLEMENT. ADDITIONAL CANADIAN SIGNAL DENIED WHERE STATION CARRIES MORE THAN 10 HOURS OF NETWORK PRIMETIME PROGRAMS AND IS THEREFORE NOT INDEPENDENT (SEC. 76.5(N)). TEMPORARY WAIVER OF SEC. 76.0251 GRANTED TO ALLOW SHARED USE OF ACCESS CHANNELS. CABLE TV PUGET SOUND 47FCC2D0996
CATV CARRIAGE, MAJOR MARKET, NETWORK STATIONS SPECIAL RELIEF GRANTED TO CATV SYSTEM IN MAJOR MARKET TO ADDNON-NETWORK PORTIONS OF DISTANT NETWORK STATION FOR ONE YEAR PENDING RELAY AVAILABILITY OF INDEPENDENT SIGNAL. SEMINOLE CABLEVISION, INC. 47FCC2D0756
CATV CARRIAGE, MAJOR MARKET, SIGNIFICANTLY VIEWED SIGNALS CERTIFICATES OF COMPLIANCE FOR NEW SYSTEMS IN THE TOP 50 MARKETS GRANTED, SINCE ALL QUESTIONED SIGNALS ARE SIGNIFICANTLY VIEWED, QUESTIONS OF STATE FRANCHISE LAWS, IF LOCAL FRANCHISE DOES NOT CONFORM, WILL NOT BE INTERPRETED BY THE COMMISSION WHERE THE FRANCHISE APPEARS VALID ON ITS FACE, ALL LOCAL OR MARKET VHF SIGNALS WILL BE CARRIED ON- CHANNEL WHERE TECHNICALLY FEASIBLE (SEC. 76.55). INT. TELEMETER OF NEW BEDFORD 47FCC2D0469
CATV CARRIAGE, MAJOR MARKET, TRANSLATORS
SEC. 76.51 AMENDED TO EXCLUDE MUSKEGON FROM THE HYPHENATED MAJOR MARKET 37, NOW DESIGNATED KALAMAZOO, GRAND RAPIDS, BATTLE CREEK, MICH. CABLE TV BIC SIGNALS 47FCC2D0990
CATV CARRIAGE, NOTICE OF INTENT TO COMMENCE OPERATIONS
REQUEST FOR WAIVER OF FORMER SEC. 74.1105(A) (NOTICE TO TV LICENSEE) AND FOR GRANDFATHERED STATUS TO SIGNAL CARRIAGE (SEC. 76.65 AND 76.159), DENIED, WHERE NOTIFICATION WAS NOT GIVEN, THOUGH NON-COMPLIANCE WAS INADVERTANT. SPECIAL RELIEF GRANTED TO ALLOW CONTINUED CARRIAGE SUBJECT TO EXCLUSIVITY RULES. ROLLINS CABLEVISION 47FCC2D0258
PUBLIC NOTICE GIVEN OF ADOPTION AND PUBLICATION OF A LIST OFSTATE EDUCATIONAL TV AUTHORITIES FOR PURPOSES OF THE CATV RULES. THE LIST WILL BECOME EF. FECTIVE 8/1/74. CABLE TV STATE ED. TV AUTHORITIES 47 FCC2D0992
CATV CARRIAGE, ON-CHANNEL
CERTIFICATES OF COMPLIANCE FOR NEW SYSTEMS IN THE TOP 50 MARKETS GRANTED, SINCE ALL QUESTIONED SIGNALS ARE SIGNIFICANTLY VIEWED, QUESTIONS OF STATE FRANCHISE LAWS, IF LOCAL FRANCHISE DOES NOT CONFORM, WILL NOT BE INTERPRETED BY THE COMMISSION WHERE THE FRANCHISE APPEARS VALID ON ITS FACE. ALL LOCAL OR MARKET VHF SIGNALS WILL BE CARRIED ON- CHANNEL WHERE TECHNICALLY FEASIBLE (SEC. 76.55). INT. TELEMETER OF NEW BEDFORD 47FCC2D0469
CATV CARRIAGE, OUTSIDE ALL MARKETS
A TEMPORARY WAIVER OF SEC. 76.59 IS GRANTED TO CARRY AN ADDITIONAL STATION SINCE THE ONLY LOCAL STATION IS PRESENTLY SILENT. HOUMA CABLEVISION, INC. 47FCC2D0217
CERTIFICATE OF COMPLIANCE GRANTED TO ADD DISTANT EDUCATIONALSIGNAL. PRIVATE AGREEMENT TO PROVIDE EXCLUSIVITY TO LOCAL STATION UNNECESSARY UNDER COMMISSION RULES. TWIN COUNTY TRANS-VIDEO, INC. 47FCC2D0858
CERTIFICATES OF COMPLIANCE GRANTED TO CATV SYSTEMS, OUTSIDE ALL MARKETS, TO AUTHORIZE CARRIAGE OF DISTANT SIGNALS (SEC. 76.57(B)). A PETITION FOR SPECIAL RELIEF TO PREVENT CARRIAGE DENIED IN THE ABSENCE OF SUFFICIENT SHOWING OF ECONOMIC HARM. MULTI-PIX, INC. 47FCC2D1138
CATV CARRIAGE, SATELLITE STATIONS
CERTIFICATE OF COMPLIANCE DENIED WHERE FRANCHISE DOES NOT COMPLY STRICTLY WITH SEC. 76.31(B) (FRANCHISE FEE), AND WHERE CARRIAGE OF DISTANT NETWORK SIGNAL VIOLATES SEC. 76.59 (CARRIAGE IN SMALLER MARKETS). SATELLITE STATIONS ARE CONSIDERED EQUALLY WITH OTHER STATIONS AS HAVING THEIR OWN SPECIFIED ZONES. SEE MOR CABLE TV OF BERNIE, INC. 47FCC2D1212
CATV CARRIAGE, SIGNIFICANT VIEWING TEST
REQUEST FOR SPECIAL RELIEF REQUESTING PROGRAM EXCLUSIVITY OFUHF NETWORK STATION DENIED SINCE PETITIONER DOES NOT PLACE A GRADE B CONTOUR OVER CABLE SYSTEM LOCATION, BOTH DISTANT SIGNALS ARE OF EQUAL PRIORITY AND SIGNAL IS FOUND NOT SIGNIFICANTLY VIEWED OFF THE AIR, AND TO GRANT EXCLUSIVITY WOULD GIVE A COMPETITIVE ADVANTAGE NOT OTHERWISE HAD. GENERAL TELEVISION OF OSCODA 47FCC2D0211
CERTIFICATE OF COMPLIANCE TO OPERATE NEW CATV GRANTED, BUT WITH DENIAL OF REQUEST FOR PARTIAL WAIVER OF SEC. 76.61 TO ALLOW CARRIAGE OF STATIONS OUTSIDE MARKET AREA. CATV SYSTEM FAILED TO SHOW SIGNIFICANT VIEWING OF REQUESTED SIGNALS AND NEED FOR SPECIAL RELIEF. COLDWATER CABLEVISION, INC. 47 FCC2D0315
CATV CARRIAGE, SINGLE CHANNEL
PETITION FOR WAIVER OF SEC. 76.55(A)(3) TO PERMIT CARRIAGE OF MUST CARRY SIGNAL ON SECOND CHANNEL DENIED. ANY VIEWER INCONVENIENCE OF SINGLE CHANNEL CARRIAGE IS INSUFFICIENT TO WARRANT WAIVER. CLAIM OF POSSIBLE COMPETITIVE DISADVANTAGE IS TOO SPECULATIVE INVOCATIONOF SINGLE CHANNEL REQUIREMENT DOES NOT REQUIRE A SHOWING OF NEED. CITY TV CORP. 47FCC2D0785
APPLICATION FOR SPECIAL RELIEF, DENIED AND CATV SYSTEM ORDERED TO COMPLY WITH PROGRAM EXCLUSIVITY RULES. WAIVER OF SEC. 76.55(A)(2). 76.91(A) AND 76.93(A) DENIED ABSENT SHOWING THAT ON-CHANNEL CARRIAGE IS NOT FEASABLE. WESTON TV CABLE CORP. 47FCC2D1264
CATV CARRIAGE, SMALLER MARKET NO CERTIFICATE OF COMPLIANCE IS NEEDED FOR CARRIAGE OF SIGNAL BY CATV SYSTEM IN SMALLER MARKET BEFORE PRESENT RULES ADOPTED, NOT INCONSISTENT WITH THEN EXISTING RULES AND NOT OBJECTED TO AT THAT TIME. IN DETERMINING WHETHER A MARKET WAS A SMALLER MARKET OR NOT, THEN EXISTING RATHER THAN PROPOSED RULES ARE TO BE FOLLOWED. CSRA CABLEVISION, INC. 47FCC2D0572 PETITION FOR WAIVER OF EXCLUSIVITY RULES DENIED AND CATV SYSTEM ORDERED TO PROVIDE SAME-DAY NETWORK PROGRAM EXCLUSIVITY REQUIRED BY SEC. 76.99 AND NON-NETWORK EXCLUSIVITY ON A GRANDFATHERED BASIS TO STATIONS WITHIN THE GRADE A CONTOUR SINCE THE CATV SYSTEM HAS MORE THAN 500 SUBSCRIBERS. REX TV, INC. 47FCC2D1187
CATV CARRIAGE, SMALLER MARKET, ETV STATIONS CERTIFICATE OF COMPLIANCE GRANTED TO INCLUDE CARRIAGE OF DISTANT EDUCATIONAL STATION WHERE OBJECTOR PRESENTED NO EVIDENCE OF ECONOMIC HARM. STATE TAX OF 8% IMPOSED IS NOT CONSIDERED A BURDEN ON THE SYSTEM AS AN EXCESSIVE FRANCHISE FEE WHERE THE NET FEE IS MUCH LOWER DUE TO EXEMPTION FROM PAYING ANY PROPERTY TAXES. COASTAL CABLE TV CO. 47FCC2D0877
CATV CARRIAGE, SMALLER MARKET, GRADE B SIGNALS PETITIONS FOR WAIVER OF EXCLUSIVITY REQUIREMENT TO PROTECT STATION WITH GRADE B CONTOUR COVERING ALL OF SYSTEMS COMMUNITIES DENIED WHERE CLAIMS OF POOR SIGNAL QUALITY ARE UNSUBSTANTIATED (SECS. 76.91(A) AND 76.93(A)). STATIONS WITH SOME NETWORK AFFILIATION DESIRED TO BE CARRIED ARE DISTANT AND DO NOT COVER ALL OF SYSTEMS COMMUNITIES WITH GRADE B SIGNALS. OHIO VALLEY CABLE CORP. 47FCC200103
PETITION FOR WAIVER OF SECS. 76.91 AND 76.93 TO DENY NETWORKPROGRAM EXCLUSIVITY TO TV STATION LOCATED IN CATV SYSTEM SMALLER TV MARKET BUT FAILING TO PLACE AN ACTUAL GRADE B CONTOUR OVER CITY OF CATV SYSTEM, DENIED ON CONDITION THAT TV STATION FILE APPLICATION FOR TV TRANSLATOR WITHIN NINETY DAYS. STAUNTON VIDEO CORP. 47FCC2D0851
CATV CARRIAGE, SMALLER MARKET, INDEPENDENT LEAPFROGGING
REQUEST FOR WAIVER OF THE LEAPFROGGING PROVISIONS OF SEC. 76.61(B)(2), DENIED IN ABSENCE OF A UNIQUE SITUATION, STATION PREVIOUSLY IMPROPERLY ADDED, IN GOOD FAITH, WITHOUT LOCAL STATION OBJECTION, ALLOWED TO CONTINUE IN SMALL CATV SYSTEM REQUEST FOR NETWORK EXCLUSIVITY DENIED WHERE TWO AFFILIATES ARE OF EQUAL PRIORITY. HIGH FIDELITY CABLE TV 47FCC2D0073 PETITION TO ADD DISTANT SIGNALS TO CATV SYSTEM DENIED WITH REVERSAL OF PREVIOUS DECISION (7 FCC 2D 617) AUTHORIZING CARRIAGE. ALTHOUGH THE PREVIOUS DECISION WAS DECIDED BEFORE THE PRESENT RULES WERE ADOPTED. IN CONSIDERING MOTIONS FOR RECONSIDERATION, THE COMMISSION MAY WEIGH THE POLICY CONSIDERATIONS AND SUBSEQUENT KNOWLEDGE OF CATV IN SMALLER MARKETS. COMMUNITY ANTENNA CO. 47FCC2D0318 PETITION FOR RECONSIDERATION OF DECISION (45 FCC 2D 304) GRANTING WAIVER OF SECS. 76.63(A) AND 76.61(B)(2)(I) LEAPFROGGING RULES, DENIED AS TO GRANT OF WAIVER BUT GRANTED AS TO CONDITIONING GRANT WITH REQUIREMENT THAT CATV SYSTEM MAY NOT DELETE THE NEWS AND PUBLIC AFFAIRS PROGRAMMING OF THE DISTANT STATIONS PERMITTED TO BE CARRIED BY VIRTURE OF THE WAIVER. FIRST ILL. CABLE TV, INC. 47 FCC2D0715
CATV CARRIAGE, SMALLER MARKET, INDEPENDENT STATIONS
PETITION FOR PARTIAL RECONSIDERATION OF DECISION (45 FCC 2D 154) PERMITTING CARRIAGE OF BOTH NON-NETWORK AND INDEPENDENT PROGRAMMING AS ONE INDEPENDENT, DENIED. BARE ALLEGATION OF FINANCIAL INJURY INSUFFICIENT TO MEET SUBSTANTIAL BURDEN OF PROOF TO CHALLENGE CATV CARRIAGE OTHERWISE CONSISTANT WITH RULES. MICRO-CABLE COMM. CORP. 47FCC2D0091
PETITION FOR WAIVER OF SEC. 76.91 (NETWORK EXCLUSIVITY) RULETO ALLOW CARRIAGE OF SECOND DISTANT INDEPENDENT SIGNAL DENIED. RULE 76.59(B)(CARRIAGE OF ONLY ONE DISTANT INDEPENDENT SIGNAL) WAS DESIGNED TO ENCOURAGE AND PROTECT STATIONS IN SMALLER MARKETS, REGARDLESS OF WHETHER OR NOT THEY ARE SATELLITE STATIONS. CLEAR VIEW CABLE TV, INC. 47FCC2D0673
CATV CARRIAGE, SMALLER MARKET, NETWORK LEAPFROGGING
PETITION FOR WAIVER OF SECS. 76.91(A) AND 76.93(A) (CARRIAGEOF DISTANT NETWORK STATION INSTEAD OF NEAR IN-STATE STATION) ON ALLEGATIONS THAT LOCAL STATION HAS WEAK SIGNAL, DENIED SINCE NO DOCUMENTATION WAS OFFERED TO SUPPORT ALLEGATIONS. FIVE CHANNEL CABLE CO. 47FCC2D0052
REQUEST FOR WAIVER OF SEC. 76.59 TO ALLOW CARRIAGE OF DISTANT NETWORK SIGNAL, DENIED FOR FAILURE TO PROVE CIRCUMSTANCES SUFFICIENT TO WARRANT SPECIAL RELIEF. COMMUNITY CABLEVISION CORP. 47FCC2D0561
PETITION FOR RECONSIDERATION OF COMMISSION DECISION (38 FCC2D 297) ALLOWING CATV CARRIAGE OF DISTANT NETWORK STATION GRANTED ON SHOWING THAT LOCAL AFFILIATE DOES CONSTITUTE A FULL NETWORK STATION. (SEC. 76.5(1)) GRANDFATHERING WAS NOT CONSIDERED IN GRANT OF THE APPLICATION FOR CARRIAGE OF DISTANT NETWORK STATION ORIGINALLY. CSRA CABLEVISION, INC. 47FCC2D0567
PETITION FOR WAIVER OF SEC. 76.91 (NETWORK EXCLUSIVITY) RULETO ALLOW CARRIAGE OF SECOND DISTANT INDEPENDENT SIGNAL DENIED. RULE 76.59(B)(CARRIAGE OF ONLY ONE DISTANT INDEPENDENT SIGNAL) WAS DESIGNED TO ENCOURAGE AND PROTECT STATIONS IN SMALLER MARKETS, REGARDLESS OF WHETHER OR NOT THEY ARE SATELLITE STATIONS. CLEAR VIEW CABLE TV, INC. 47FCC2D0673
CERTIFICATE OF COMPLIANCE GRANTED WITH WAIVER OF SEC. 76.59 FOR CARRIAGE OF LEAPFROGGED NETWORK SIGNAL. THE SMALL SIZE OF THE CATV SYSTEM AND EXPENSE OF STRICT APPLICATION OF THE ANTI-LEAPFROGGING RULE JUSTIFIES THE WAIVER. MISSOURI VALLEY TV CO., INC. 47FCC2D1135
CATV CARRIAGE, SMALLER MARKET, NETWORK STATIONS
REQUEST FOR WAIVER OF THE LEAPFROGGING PROVISIONS OF SEC. 76.61(B)(2), DENIED IN ABSENCE OF A UNIQUE SITUATION. STATION PREVIOUSLY IMPROPERLY ADDED, IN GOOD FAITH, WITHOUT LOCAL STATION OBJECTION, ALLOWED TO CONTINUE IN SMALL CATV SYSTEM. REQUEST FOR NETWORK EXCLUSIVITY DENIED WHERE TWO AFFILIATES ARE OF EQUAL PRIORITY. HIGH FIDELITY CABLE TV 47FCC2D0073
REQUEST FOR ISSUANCE OF SHOW CAUSE ORDER TO CEASE CARRIAGE OF DISTANT NETWORK SIGNAL DENIED. GRANDFATHERING RIGHTS WERE NOT ABROGATED WHERE SYSTEM AFFORDED ONLY PART-TIME CARRIAGE DUE TO LIMITED CHANNEL CAPACITY FOR A PERIOD OF TIME BUT IS PRESENTLY CARRYING THE STATION FULL TIME. IRON RANGE CABLE TV 47FCC2D0908
CERTIFICATES OF COMPLIANCE GRANTED TO SYSTEMS IN SEVERAL CITIES, BUT CARRIAGE DENIED (SEC. 76.59) AS TO DISTANT NET WORK STATIONS TO THOSE COMMUNITIES IN FORMER SMALLER MARKET, VACATED BY AUTHORIZED BUT SILENT STATION, WHERE APPLICATION WAS MADE BEFORE THE SPECIFIED ZONE TERMINATED. REQUESTED WAIVER OF SEC. 76.95(C) TO EXTEND SPECIFIED ZONE DENIED FOR LACK OF SHOWING OF ECONOMIC IMPACT. LVO CABLE, INC. 47FCC2D1128
CERTIFICATE OF COMPLIANCE DENIED WHERE FRANCHISE DOES NOT COMPLY STRICTLY WITH SEC. 76.31(B) (FRANCHISE FEE), AND WHERE CARRIAGE OF DISTANT NET Page 25
WORK SIGNAL VIOLATES SEC. 76.59 (CARRIAGE IN SMALLER MARKETS). SATELLITE STATIONS ARE CONSIDERED EQUALLY WITH OTHER STATIONS AS HAVING THEIR OWN SPECIFIED ZONES. SEE MOR CABLE TV OF BERNIE, INC. 47FCC2D1212 WAIVER OF SECS. 76.57(A). 76.59(A). 76.91 AND 76.93 DENIED AND CATV SYSTEM ORDERED TO BEGIN CARRIAGE OF MUST-CARRY SIGNAL AND PROVIDE APPROPRIATE EXCLUSIVITY. FIVE CHANNEL SYSTEM ALREADY CARRYING FIVE SIGNALS MUST EITHER DELETE A DISTANT SIGNAL, INSTITUTE COMPOSITE CARRIAGE OR INCREASE ITS CHANNEL CAPACITY. MUST-CARRY SIGNAL HAS PRIORITY OVER SEC. 76.59(B) MAY CARRY SIGNAL. TELEPROMPTER CABLE COMM. CORP. 47FCC2D1222
CATV CARRIAGE, SMALLER MARKET, OTHER MARKET SIGNALS PETITION FOR WAIVER OF SEC. 74.1103 (PROGRAM EXCLUSIVITY REQUIREMENT) DISMISSED AS MOOT. A SMALL CATV SYSTEM IS NOT REQUIRED TO GRANT PROGRAM EXCLUSIVITY. OPPOSITION DENIED FOR FAILURE TO DEMONSTRATE SPECIFIC ECONOMIC INJURY. NU-VIEW, INC. 47FCC2D0816
CATV CARRIAGE, SMALLER MARKET, SPECIFIED ZONE CERTIFICATES OF COMPLIANCE GRANTED TO SYSTEMS IN SEVERAL CITIES, BUT CARRIAGE DENIED (SEC. 76.59) AS TO DISTANT NET WORK STATIONS TO THOSE COMMUNITIES IN FORMER SMALLER MARKET, VACATED BY AUTHORIZED BUT SILENT STATION, WHERE APPLICATION WAS MADE BEFORE THE SPECIFIED ZONE TERMINATED. REQUESTED WAIVER OF SEC. 76.95(C) TO EXTEND SPECIFIED ZONE DENIED FOR LACK OF SHOWING OF ECONOMIC IMPACT. LVO CABLE, INC. 47FCC2D1128 WAIVER OF SECS. 76.57(A). 76.59(A). 76.91 AND 76.93 DENIED AND CATV SYSTEM ORDERED TO BEGIN CARRIAGE OF MUST-CARRY SIGNAL AND PROVIDE APPROPRIATE EXCLUSIVITY. FIVE CHANNEL SYSTEM ALREADY CARRYING FIVE SIGNALS MUST EITHER DELETE A DISTANT SIGNAL, INSTITUTE COMPOSITE CARRIAGE OR INCREASE ITS CHANNEL CAPACITY. MUST-CARRY SIGNAL HAS PRIORITY OVER SEC. 76.59(B) MAY CARRY SIGNAL. TELEPROMPTER CABLE COMM. CORP. 47FCC2D1222
CATV CARRIAGE, SMALLER MARKET, TRANSLATORS PETITION FOR WAIVER OF SEC. 76.93(B) (SAME DAY CATV EXCLUSIVITY) DENIED. A TRANSLATOR STATION IS ENTITLED TO EXCLUSIVITY AS IS ANY OTHER SIMILARLY LOCATED STATION. THE BROADCAST OF PROGRAMS FROM TWO NETWORKS DOES NOT EFFECT THE EXCLUSIVITY REQUIREMENTS. EVIDENCE THAT THE STATION IS SO TECHNICALLY DEFICIENT AS TO WARRANT A WAIVER FOUND INADEQUATE. TELEPROMPTER CABLE COMM. CORP. 47FCC2D0629
CATV CARRIAGE, SUBSCRIPTION TV STATION
APPLICATION TO ADD EDUCATIONAL STATION TO CATV SYSTEM GRANTED. CARRIAGE OF SUBSCRIPTION PORTIONS OF STATION PROGRAMMING IS NOT NOW REQUIRED AND REQUESTS FOR SUCH CARRIAGE ON INDIVIDUAL SYSTEMS WILL NOT BE DEALT WITH IN THE CERTIFICATING PROCESS. (SEC. 73.651). MICRO-CABLE COMM. CORP. 47FCC2D0370
CATV CARRIAGE, VIOLATION, CEASE AND DESIST ORDER
ORDER TO CEASE AND DESIST FROM EXCLUDING A MUST-CARRY ON A CATV SYSTEM, ISSUED TO TAKE EFFECT AT AN AGREED TIME. HARRISBURG CABLEVISION 47FCC2D0065
REQUEST FOR CEASE AND DESIST ORDER TO CEASE CARRIAGE OF UNAUTHORIZED INDEPENDENT SIGNAL DENIED WHERE CARRIAGE WAS INADVERTENT AND PROMPTLY DISCONTINUED. PALMETTO CABLEVISION, INC. 47FCC2D0925
CABLE TV RELAY SERVICE CP GRANTED DESPITE CONTROLLING OWNERSHIP INTEREST BY ALIENS. OWNERSHIP INTEREST IN CARS STATION BY CANADIAN CITIZENS IS NOT AGAINST PUBLIC INTEREST WHERE PARENT IS U.S. CORPORATION, WHERE THE DIRECTORS ARE U.S. CITIZENS AND WHERE THE FACILITIES ARE USED ONLY FOR RELAY. GRC CABLEVISION, INC. 47FCC2D0467
CONSTRUCTION PERMITS GRANTED IN CABLE TV RELAY SERVICE TO CONNECT TV PRODUCTION STUDIO AT CLINIC WITH LOCAL CATV SYSTEM HEADEND FOR TRANSMITTAL TO NEARBY HOSPITALS. WAIVER OF SECS. 78.3 AND 76.7(A) REQUIRING A CARS LICENSEE TO OWN OR OPERATE A CATV SYSTEM GRANTED WHERE PROVIDING LIVE MEDICAL EDU ATIONAL PROGRAMMING WOULD BE IN THE LOCAL COMMUNITIES INTEREST. MAYO FOUNDATION OF THE MAYO CLINIC 47FCC2D0735
CATV CERTIFICATE OF COMPLIANCE, APPLICATION-FILING PROCEDURE
OBJECTION TO CATV CERTIFICATE OF COMPLIANCE MAY NOT BE MADE ON BASIS OF APPLICANTS FAILURE TO PROVIDE SPECIAL ASSURANCES OF COMPLIANCE WITH COMMISSION RULES. COMPLIANCE WITH ALL RULES IS EXPECTED. MUSKEGON CABLE TV CO. 47FCC2D0237
APPLICATIONS OF CERTIFICATES OF COMPLIANCE GRANTED TO TWO SYSTEMS TO OPERATE IN UNINCORPORATED AREAS WITH ADEQUATE ALTERNATIVE TO FRANCHISE. COUNTY UNABLE TO GRANT FRANCHISE UNDER STATE LAW. GRANTS CONDITIONED ON NOTIFICATION TO THE COMMISSION OF WHICH AREAS ARE TO BE SERVED. PALMETTO CABLEVISION, INC. 47FCC2D0925
CATV CERTIFICATE OF COMPLIANCE, OPERATION WITHOUT
CATV SYSTEM ALLOWED TO OPERATE WITHOUT CERTIFICATE OF COMPLIANCE PENDING LOCAL FRANCHISE AND TO CONTINUE TO CARRY GRAND-FATHERED SIGNALS. THE QUESTIONED SIGNALS WERE FIRST CARRIED WHILE THE PRESENT REGULATIONS WERE IN PROPOSED FORM, CARRIAGE WAS NOT OBJECTED TO BY LOCAL STATIONS, AND WAS CONSISTANT WITH THEN EXISTING RULES. CABLE TV OF ROCHESTER, INC. 47FCC2D0010
SPECIAL TEMPORARY AUTHORITY GRANTED TO CONTINUE CATV SYSTEM WHERE FAILURE TO COMPLY WITH CERTIFICATE OF COMPLIANCE (SEC. 76.11) WAS INADVERTENT AND GOOD FAITH EFFORTS MADE TO CONFORM WITH REQUIREMENTS. (SEC. 76.13(C)). AUSABLE COMM., INC. 47FCC2D0287
PETITION FOR WAIVER OF CATV EXCLUSIVITY RULES DENIED WHERE CONTENTIONS FOR WAIVER ARE UNSUPPORTED. STRONGER COMMUNITY OF INTEREST ARGUMENT REJECTED WHERE EXCLUSIVITY DOES NOT SUBJECT LOCAL PROGRAMMING TO DELETION. SEC. 76.11(A) WAIVED SUA SPONTE TO ALLOW CONTINUED CARRIAGE OF MUST CARRY SIGNAL WHERE CARRIAGE BEGUN WITHOUT CERTIFICATE OF COMPLIANCE. RICHWOOD TV CABLE CO. 47 FCC2D0417
CATV CERTIFICATE OF COMPLIANCE GRANTED. CARRIAGE OF UNAUTHORIZED EDUCATIONAL SIGNAL WITHOUT COMMISSION AUTHORITY (SEC. 76.11) FOUND NOT SUFFICIENT TO WARRANT DENIAL OF APPLICATION WHERE, DUE TO SUBSEQUENT RULE CHANGES. THE SIGNAL BECAME A MUST CARRY SIGNAL REQUIRING NO AUTHORIZATION, CATV OF ROCKFORD, INC. 47FCC2D0554
NO CERTIFICATE OF COMPLIANCE IS NEEDED FOR CARRIAGE OF SIGNAL BY CATV SYSTEM IN SMALLER MARKET BEFORE PRESENT RULES ADOPTED, NOT INCONSISTENT WITH THEN EXISTING RULES AND NOT OBJECTED TO AT THAT TIME. IN DETERMINING WHETHER A MARKET WAS A SMALLER MARKET OR NOT, THEN EXISTING RATHER THAN PROPOSED RULES ARE TO BE FOLLOWED. CSRA CABLEVISION, INC. 47FCC2D0572
SPECIAL TEMPORARY AUTHORITY GRANTED TO ALLOW CATV SYSTEM TO OPERATE PENDING CERTIFICATE OF COMPLIANCE PROCEEDINGS TO RESTORE SERVICE PROVIDED BY BANKRUPT, ILLEGAL MATV SYSTEM. THETA CABLE OF CALIF. 47FCC2D0761
CERTIFICATE OF COMPLIANCE GRANTED WITH WAIVER OF SEC. 76.251(A)(2) WHERE MINIMUM ACCESS REQUIREMENTS ARE MET, AND THE EXTRA COST OF 6 ADDITIONAL CHANNELS WOULD BE UNREASONABLE IN LIGHT OF THE NUMBER OF POTENTIAL SUBSCRIBERS. SONIC TV SYSTEMS, LTD. 47FCC2D1214
CATV CROSS OWNERSHIP APPLICATION FOR TRANSFER OF CONTROL OF 11 STATIONS IN THE CABLE TV RELAY SERVICE GRANTED. THE FRANCHISE STANDARDS OF SEC. 76.31 DO NOT APPLY TO A TRANSFER OF OWNERSHIP WHERE THE LOCAL FRANCHISE HAS NOT CHANGED. WAIVER OF SEC. 76.501 GRANTED WHERE CROSS-OWNERSHIP DE MINIMUS AND FORCED SALE WOULD BE A FINANCIAL HARDSHIP AND WHERE ASSURANCES OF INTENTION TO COMPLY MADE. ATHENO COMM. CORP. 47FCC2D0535
CATV CROSS OWNERSHIP BY BROADCASTER APPLICATION FOR CERTIFICATE OF COMPLIANCE DENIED FOR VIOLATION OF CROSSOWNERSHIP RULES (SEC. 76.501) WHERE A DIRECTOR OF THE CATV SYSTEMS PARENT COMPANY HAS CONTROLLING INTEREST IN TV STATIONS LOCATED WITHIN THE GRADE A CONTOUR OF THE CATV SYSTEM. COMMUNITY TCI OF OHIO, INC. 47FCC2D0882
CATV DESIGNATED TELEVISION MARKET SECTION 76.51 IS AMENDED TO INCLUDE NEWARK, N.J. IN THE NEW YORK-LINDEN-PATTERSON TELEVISION MARKET (1) FOR PURPOSES OF THE CABLE TELEVISION RULES. REREGULATION OF B/CING 47FCC200752
CATV FEE, ANNUAL CATV FRANCHISE FEE IN EXCESS OF 3% ACCEPTED ON SHOWING OF REASONABLENESS OF LOCAL REGULATIONS REQUIRING SUCH FEES. (SEC. 76.31(8)). GENERAL TV OF MINN, INC. 47FCC200060
CERTIFICATE OF COMPLIANCE GRANTED AFTER AMENDMENT OF FRANCHISE TO CONFORM WITH SEC. 76.31(A), AND PARTIAL WAIVER OF SEC. 76.251(A)(4) GRANTED TO PERMIT ACCESS STUDIO AND PRODUCTION FACILITIES TO BE SHARED BY TWO COMMUNITIES. COMMUNITY TV, INC. 47FCC2D0024 CERTIFICATE OF COMPLIANCE GRANTED ITS NEW CATV SYSTEM. OPPOSITION DENIED AS VAGUE AND RAISING NO QUESTIONS OF DEVIATIONS FROM COMMISSION RULES. WARREN CABLE TV, INC. 47FCC2D0955
CERTIFICATE OF COMPLIANCE DENIED WHERE FRANCHISE DOES NOT COMPLY STRICTLY WITH SEC. 76.31(B) (FRANCHISE FEE). AND WHERE CARRIAGE OF DISTANT NETWORK SIGNAL VIOLATES SEC. 76.59 (CARRIAGE IN SMALLER MARKETS). SATELLITE STATIONS ARE CONSIDERED EQUALLY WITH OTHER STATIONS AS HAVING THEIR OWN SPECIFIED ZONES. SEE MOR CABLE TV OF BERNIE, INC. 47FCC2D1212
CATV FRANCHISE STANDARDS, DUE PROCESS
APPLICATION FOR CERTIFICATE OF COMPLIANCE, OPPOSED ON GROUNDS OF IMPROPER FRANCHISE PROCEDURE (SEC. 76.31(A)) GRANTED SINCE, FOR CATV FRANCHISE, TO MEET REQUIREMENT FOR PUBLIC PROCEEDING, THE PUBLIC NEED ONLY HAVE REASONABLE OPPORTUNITY TO PARTICIPATE IN THE FRANCHISING PROCESS, LINCOLN CABLEVISION, INC. 47FCC2D0080
CERTIFICATE OF COMPLIANCE GRANTED FOR CATV SYSTEM OPERATION ON AN AIR FORCE BASE ALTHOUGH FRANCHISE AWARDED IN VIOLATION OF SEC. 76.31(A), WHICH SECTION IS WAIVED IN VIEW OF ARMED FORCES PROCUREMENT STATUTE. PEASE CABLE TV CO. 47FCC2D1141
CERTIFICATE OF COMPLIANCE GRANTED TO CATV SYSTEM IN VIEW OF ARMED FORCES PROCUREMENT STATUTE, TO AN AIR FORCE BASE, AND SEC. 76.31(A) WAIVED. TELECOMM. CONTACTING INT. 47FCC2D1220
CERTIFICATE OF COMPLIANCE GRANTED SINCE FRANCHISE PROCEDURESOF SEC. 76.31(A)(1) WERE FULLY COMPLIED WITH. ABSENT EVIDENCE TO THE CONTRARY, DETAILED ASSURANCES FROM LOCAL AUTHORITIES OF PUBLIC PARTICIPATION IN THE FRANCHISING PROCESS WILL BE ACCEPTED. OPPOSITION SEEKING TO DENY CARRIAGE OF MANDATORY SIGNAL DENIED. WARNER CABLE OF QUINCY 47FCC2D1248
CATV FRANCHISE STANDARDS, FEES OR PAYMENTS
5% FRANCHISE FEE ALLOWED ON SHOWING REASONABLENESS OF FEE (SEC. 76.31(A)) FOR LOCAL REGULATION AND THAT IT WILL NOT INTERFERE WITH ABILITY TO PROVIDE SERVICE CONSISTANT WITH COMMISSION ACCESS AND PROGRAM ORIENTATION GOALS. THETA CABLE OF CALIF. 47FCC200123
PROVISION IN CATV FRANCHISE FOR 2 FREE RESERVED ACCESS CHANNELS EXCEEDS THE SINGLE CHANNEL SPECIFIED IN SEC. 76.251 (A) AND NO JUSTIFICATION PROVIDED. PROSCRIPTION OF COMMERCIAL USE OF THESE CHANNELS VIOLATES SEC. 76.1251(A)(7) PERMITTING LEASING OF UNUSED PORTIONS. FREE WIRING OF SCHOOLS AND PUBLIC BUILDINGS BY CATV SYSTEM CONSTITUTES A FRANCHISE FEE IN KIND CONTRARY TO SEC. 76.31(B). INT. TELEMETER OF NEW BEDFORD 47FCC2D0469
CATV CERTIFICATE OF COMPLIANCE DENIED FOR FAILURE TO COMPLY WITH FRANCHISE FEE LIMITATIONS AND SEC. 76.251(A)(5) ACCESS REQUIREMENTS. PAYMENT OF A LUMP SUM FEE TO THE FRANCHISE AUTHORITY WOULD HINDER THE DEVELOPMENT OF CATV SYSTEMS IN MANY AREAS AND MAY INHIBIT THE SMOOTH FUNCTIONING OF THE PLANNED REGULATORY PROGRAM. ORANGE CABLEVISION, INC. 47FCC200603
CERTIFICATE OF COMPLIANCE GRANTED TO INCLUDE CARRIAGE OF DISTANT EDUCATIONAL STATION WHERE OBJECTOR PRESENTED NO EVIDENCE OF ECONOMIC HARM. STATE TAX OF 8% IMPOSED IS NOT CONSIDERED A BURDEN ON THE SYSTEM AS AN EXCESSIVE FRANCHISE FEE WHERE THE NET FEE IS MUCH LOWER DUE TO EXEMPTION FROM PAYING ANY PROPERTY TAXES. COASTAL CABLE TV CO. 47FCC2D0877
CERTIFICATE OF COMPLIANCE GRANTED WITH 6% FRANCHISE FEE WHERE CATV SYSTEM IS IN COMPETITION WITH OTHER SYSTEMS IN THE SAME COMMUNITY HAVING THE SAME FEE. REQUEST FOR PRERELEASE EXCLUSIVITY OF NETWORK PROGRAMS BROADCAST BY CANADIAN STATION DENIED IN THE ABSENCE OF APPROPRIATE ECONOMIC SHOWING. VANHU, INC. 47FCC2D1244
CATV FRANCHISE STANDARDS, TERMINATION DATE
WAIVER OF SEC. 76.11(D) GRANTED TO STATION WHICH MUST RENEW LOCAL FRANCHISE ANNUALLY. RE-CERTIFICATION ON ANNUAL BASIS IS WAIVED TO ALLOW ONLY YEARLY NOTIFICATION OF FRANCHISE RENEWAL WITHOUT NEED FOR RE-CERTIFICATION UNTIL 1977. TEL-TECH CABLE TV, INC. 47FCC200121
CATV FRANCHISE, ALTERNATIVE PROPOSAL
REQUEST FOR PARTIAL WAIVER OF ACCESS RULE (SEC. 76.251(A) (4)) GRANTED TO PERMIT SHARING OF SINGLE STATION BY FIVE COMMUNITIES. REQUEST FOR COMPLETE WAIVER FOR ONE COMMUNITY REJECTED FOR FAILURE TO SHOW UNDUE BURDEN OF PROVIDING ACCESS. ALTERNATIVE TO FRANCHISE IN COUNTY AREA REJECTED AS UNACCEPTABLE TO ASSURE COMPLIANCE WITH RULES. MOBILE TV CABLE CO., INC. 47 FCC2D0093
CERTIFICATE OF COMPLAINCE GRANTED TO CATV SYSTEM OPERATING COMPLETELY ON PRIVATE LAND AND OUTSIDE THE FRANCHISE AUTHORITY OF ANY LOCAL GOVERNMENT. WAIVER OF SEC. 76.31 GRANTED FOR ALTERNATIVE PROPOSAL IN LIEU OF A FRANCHISE. BIG CANOE TV SYSTEM 47FCC2D0449
CATV CERTIFICATE OF COMPLIANCE GRANTED ON PRESENTATION OF ALTERNATE TO FRANCHISE REQUIREMENT OF SEC. 76.31 WHERE LOCALITY HAS NO FRANCHISING AUTHORITY. RANTOUL CATV CO. 47FCC2D0508
CERTIFICATE OF COMPLIANCE GRANTED TO SYSTEM WITH FRANCHISE GRANTED BY LOCAL PROPERTY OWNERS ASSOCIATION WHERE COUNTY HAS NO FRANCHISE AUTHORITY. ALL SUCH PRIVATE FRANCHISES WILL BE CAREFULLY SCRUTINIZED TO DETERMINE WHETHER THEY ARE CONSISTENT WITH COMMISSION RULES. VILLAGE CATV, INC. 47FCC2D0952
WAIVER OF SEC. 76.251 GRANTED TO ALLOW USE OF SHARED ACCESS STATIONS. ACCEPTABLE ALTERNATE TO FRANCHISE PROPOSED FOR SYSTEMS IN TOWNSHIPS WITHOUT FRANCHISE AUTHORITY. ARMSTRONG UTILITIES, INC. 47FCC2D0977 APPLICATION FOR CERTIFICATE OFCOMPLIANCE DENIED. ALTHOUGH THE SYSTEM HAS PRESENTED WHAT WOULD BE AN ACCEPTABLE ALTERNATIVE TO A FRANCHISE, ARIZONA HAS RECENTLY GIVEN FRANCHISE AUTHORITY TO THE COUNTIES FOR UNINCORPORATED AREAS. (SEC. 76.31). HENRY W. JACKSON-RINCON VALLEY CATV 47FCC2D1086
CATV FRANCHISE, LOCAL AUTHORITY CATV CERTIFICATE OF COMPLIANCE GRANTED AFTER CORRECTION OF NOTED DEFICIENCIES (SEC. 76.31). ALTHOUGH LINE EXTENSION POLICY QUESTIONED, THE COMMISSION DEFERED TO THE DECISION OF THE LOCAL FRANCHISE GRANTED AFTER FULL PROCEEDING. RENEWAL PROVISION ACCEPTED ON LETTER OF FRANCHISE AUTHORITY ASSURING A PUBLIC PROCEEDING. WKBC CABLEVISION, INC. 47FCC200147 PETITION FOR RECONSIDERATION OF DECISION (39 FCC2D 620) GRANTING CERTIFICATE OF COMPLIANCE. DENIED FOR FAILURE TO CONFORM WITH PROCEDURAL REQUIREMENTS OF SEC. 1.106(C) WHERE IRREGULARITIES IN FRANCHISING PROCEDURE CLAIMED (SEC. 76.31(A)) RECOURSE SHOULD BE THROUGH LOCAL JUDICIAL PROCESS. THE COMMISSION WILL NOT SUBSTITUTE ITS JUDGMENT FOR THAT OF LOCAL OFFICIALS. SENTINEL COMM. OF MUNCIE, INC. 47FCC2D0420 CERTIFICATES OF COMPLIANCE FOR NEW SYSTEMS IN THE TOP 50 MARKETS GRANTED. SINCE ALL QUESTIONED SIGNALS ARE SIGNIFICANTLY VIEWED, QUESTIONS OF STATE FRANCHISE LAWS. IF LOCAL FRANCHISE DOES NOT CONFORM, WILL NOT BE INTERPRETED BY THE COMMISSION WHERE THE FRANCHISE APPEARS VALID ON ITS FACE, ALL LOCAL OR MARKET VHF SIGNALS WILL BE CARRIED ON-CHANNEL WHERE TECHNICALLY FEASIBLE (SEC. 76.55). INT. TELEMETER OF NEW BEDFORD 47FCC2D0469 APPLICATION FOR CERTIFICATE OF COMPLIANCE TO COMMENCE OPERATION AT AIR FORCE BASE GRANTED TO CATV SYSTEM. THE AIR FORCE HAS JURISDICTION AND FRANCHISE AUTHORITY OVER ON-BASE CABLE SYSTEMS. SEC. 76.31(A)(1) WAIVED BECAUSE OF UNUSUAL NATURE OF MILITARY OPERATIONS REQUIRING SEALED BIDS RATHER THAN PUBLIC PROCEEDING. CABLE ANTENNA SYSTEMS 47FCC2D0545
MOBILE HOMES DO NOT CONSTITUTE APARTMENT DWELLINGS FOR SEC. 76.5(A) EXCLUSION WHERE THE INDIVIDUAL UNITS ARE OWNED BY THE OCCUPANTS. REQUEST FOR WAIVER OF SEC. 76.31 FOR ALTERNATIVE TO FRANCHISE DENIED WHERE LOCAL GOVERNMENTAL ENTITIES HAVE FRANCHISE AUTHORITY BUT CHOOSE NOT TO EXERCISE IT. BAYHEAD MOBILE HOME PARK 47FCC2D0763
APPLICATION FOR CERTIFICATE OFCOMPLIANCE DENIED. ALTHOUGH THE SYSTEM HAS PRESENTED WHAT WOULD BE AN ACCEPTABLE ALTERNATIVE TO A FRANCHISE, ARIZONA HAS RECENTLY GIVEN FRANCHISE AUTHORITY TO THE COUNTIES FOR UNINCORPORATED AREAS. (SEC. 76.31). HENRY W. JACKSON-RINCON VALLEY CATV 47FCC2D1086
CERTIFICATE OF COMPLIANCE GRANTED SINCE FRANCHISE PROCEDURESOF SEC. 76.31(A)(1) WERE FULLY COMPLIED WITH. ABSENT EVIDENCE TO THE CONTRARY, DETAILED ASSURANCES FROM LOCAL AUTHORITIES OF PUBLIC PARTICIPATION IN THE FRANCHISING PROCESS WILL BE ACCEPTED. OPPOSITION SEEKING TO DENY CARRIAGE OF MANDATORY SIGNAL DENIED. WARNER CABLE OF QUINCY 47FCC2D1248
CATV SYSTEM ALLOWED TO OPERATE WITHOUT CERTIFICATE OF COMPLIANCE PENDING LOCAL FRANCHISE AND TO CONTINUE TO CARRY GRAND-FATHERED SIGNALS. THE QUESTIONED SIGNALS WERE FIRST CARRIED WHILE THE PRESENT REGULATIONS WERE IN PROPOSED FORM, CARRIAGE WAS NOT OBJECTED TO BY LOCAL STATIONS, AND WAS CONSISTANT WITH THEN EXISTING RULES. CABLE TV OF ROCHESTER, INC. 47FCC2D0010
CERTIFICATE OF COMPLAINCE GRANTED TO CATV SYSTEM OPERATING COMPLETELY ON PRIVATE LAND AND OUTSIDE THE FRANCHISE AUTHORITY OF ANY LOCAL GOVERNMENT. WAIVER OF SEC. 76.31 GRANTED FOR ALTERNATIVE PROPOSAL IN LIEU OF A FRANCHISE. BIG CANOE TV SYSTEM 47FCC2D0449 Page 26
A TEMPORARY LICENSE DOES NOT CONSTITUTE OTHER APPROPRIATE AUTHORIZATION SUFFICIENT TO MEET THE CATV FRANCHISE REQUIRE- MENT. OTHER APPROPRIATE AUTHORIZATION PROVIDED BY SEC. 76.31 IS FOR CIRCUMSTANCES WHERE NO FRANCHISING AUTHORITY EXISTS OR WHERE NO FRANCHISE PER SE CAN BE AWARDED. CARLSBAD CABLE TV, INC. 47FCC2D0549
CERTIFICATE OF COMPLIANCE GRANTED TO SYSTEM WITH FRANCHISE GRANTED BY LOCAL PROPERTY OWNERS ASSOCIATION WHERE COUNTY HAS NO FRANCHISE AUTHORITY. ALL SUCH PRIVATE FRANCHISES WILL BE CAREFULLY SCRUTINIZED TO DETERMINE WHETHER THEY ARE CONSISTENT WITH COMMISSION RULES. VILLAGE CATV, INC. 47 FCC2D0952
CATV NOTICE OF PROPOSED RULEMAKING
NOTICE OF FURTHER PROPOSED RULEMAKING GIVEN FOR RE-EXAMINATION OF PROPOSALS ON IDENTIFICATION OF CABLE ORIGINATED PROGRAMS AND CHANNELS. (SEC. 74.1123). CABLE TV CHANNEL IDENTIFICATION 47FCC200671
CATV POLE ATTACHMENT RIGHTS
PETITION FOR SPECIAL RELIEF TO COMPEL DISCONTINUANCE OF COMPETITIVE PRACTICE BY FREE POLE ATTACHMENT BY CITY OWNED CATV SYSTEM, DENIED. THE COMMISSION WILL NOT DISCOURAGE COMPETITION BETWEEN PRIVATELY OWNED AND PUBLIC CATV SYSTEMS IN THE SAME COMMUNITY. PETITIONER MAY PRESS CLAIM OF DISCRIMINATORY USE OF POLE ATTACHMENT RIGHTS IN A SEPARATE PROCEEDING. CONSOLIDATED TV CABLE SERVICES, INC. 47FCC2D1041
PETITION FOR WAIVER OF CATV EXCLUSIVITY RULES DENIED WHERE CONTENTIONS FOR WAIVER ARE UNSUPPORTED. STRONGER COMMUNITY OF INTEREST ARGUMENT REJECTED WHERE EXCLUSIVITY DOES NOT SUBJECT LOCAL PROGRAMMING TO DELETION. SEC. 76.11(A) WAIVED SUA SPONTE TO ALLOW CONTINUED CARRIAGE OF MUST CARRY SIGNAL WHERE CARRIAGE BEGUN WITHOUT CERTIFICATE OF COMPLIANCE. RICHWOOD TV CABLE CO. 47FCC2D0417
PETITION FOR WAIVER OF SEC. 76.93(B) (SAME DAY CATV EXCLUSIVITY) DENIED. A TRANSLATOR STATION IS ENTITLED TO EXCLUSIVITY AS IS ANY OTHER SIMILARLY LOCATED STATION. THE BROADCAST OF PROGRAMS FROM TWO NETWORKS DOES NOT EFFECT THE EXCLUSIVITY REQUIREMENTS. EVIDENCE THAT THE STATION IS SO TECHNICALLY DEFICIENT AS TO WARRANT A WAIVER FOUND INADEQUATE. TELEPROMPTER CABLE COMM. CORP. 47FCC2D0629
CERTIFICATE OF COMPLIANCE GRANTED TO ADD DISTANT EDUCATIONALSIGNAL. PRIVATE AGREEMENT TO PROVIDE EXCLUSIVITY TO LOCAL STATION UNNECESSARY UNDER COMMISSION RULES. TWIN COUNTY TRANS-VIDEO, INC. 47FCC2D0858
PETITION FOR WAIVER OF SEC. 74.1103 (PROGRAM EXCLUSIVITY REQUIREMENT) DISMISSED AS MOOT. A SMALL CATV SYSTEM IS NOT REQUIRED TO GRANT PROGRAM EXCLUSIVITY. OPPOSITION DENIED FOR FAILURE TO DEMONSTRATE SPECIFIC ECONOMIC INJURY. NU-VIEW, INC. 47FCC2D0816
WAIVER OF SECS. 76.57(A), 76.59(A), 76.91 AND 76.93 DENIED AND CATV SYSTEM ORDERED TO BEGIN CARRIAGE OF MUST-CARRY SIGNAL AND PROVIDE APPROPRIATE EXCLUSIVITY. FIVE CHANNEL SYSTEM ALREADY CARRYING FIVE SIGNALS MUST EITHER DELETE A DISTANT SIGNAL, INSTITUTE COMPOSITE CARRIAGE OR INCREASE ITS CHANNEL CAPACITY. MUST-CARRY SIGNAL HAS PRIORITY OVER SEC. 76.59(8) MAY CARRY SIGNAL. TELEPROMPTER CABLE COMM. CORP. 47FCC2D1222
APPLICATION FOR SPECIAL RELIEF, DENIED AND CATV SYSTEM ORDERED TO COMPLY WITH PROGRAM EXCLUSIVITY RULES. WAIVER OF SEC. 76.55(A)(2), 76.91(A) AND 76.93(A) DENIED ABSENT SHOWING THAT ON-CHANNEL CARRIAGE IS NOT FEASABLE. WESTON TV CABLE CORP. 47FCC2D1264
CATV PROGRAM EXCLUSIVITY, NETWORK PROGRAMMING REQUEST FOR WAIVER OF EXCLUSIVITY PROTECTION (SECS. 76.91(A)AND 76.93(A)) DENIED FOR FAILURE TO DOCUMENT ALLEGATIONS OF POOR QUALITY SIGNAL, LACK OF FINANCIAL NEED, AND INACCESSIBILITY OF SWITCHING EQUIPMENT IN WINTER. BELINGTON TV CABLE CORP. 47FCC200003 PETITIONS FOR WAIVER OF EXCLUSIVITY REQUIREMENT TO PROTECT STATION WITH GRADE B CONTOUR COVERING ALL OF SYSTEMS COMMUNITIES DENIED WHERE CLAIMS OF POOR SIGNAL QUALITY AF UNSUBSTANTIATED (SECS. 76.91(A) AND 76.93(A)). STATIONS WITH SOME NETWORK AFFILIATION DESIRED TO BE CARRIED ARE DISTANT AND DO NOT COVER ALL OF SYSTEMS COMMUNITIES WITH GRADE B SIGNALS. OHIO VALLEY CABLE CORP. 47FCC200103 REQUEST FOR SAME DAY NETWORK EXCLUSIVITY (SEC. 76.93(8)) DENIED ON FAILURE TO MEET EVIDENTIARY BURDEN OF SHOWING ECONOMIC HARM AND THAT SIMULTANEOUS EXCLUSIVITY HAD FAILED TO PROTECT THE STATION. A UHF STATION IS NOT ENTITLED TO SPECIAL RELIEF (SEC. 76.7) MERELY BECAUSE IT COMPETES WITH A VHF STATION. STUDIO B/CING SYSTEM DIVISION 47FCC200119
REQUEST FOR SPECIAL RELIEF REQUESTING PROGRAM EXCLUSIVITY OFUHF NETWORK STATION DENIED SINCE PETITIONER DOES NOT PLACE A GRADE B CONTOUR OVER CABLE SYSTEM LOCATION, BOTH DISTANT SIGNALS ARE OF EQUAL PRIORITY AND SIC AL IS FOUND NOT SIGNIFICANTLY VIEWED OFF THE AIR. AND TO GRANT EXCLUSIVITY WOULD GIVE A COMPETITIVE ADVANTAGE NOT OTHERWISE HAD. GENERAL TELEVISION OF OSCODA 47FCC2D0211 PETITION FOR WAIVER OF CATV NETWORK PROGRAM EXCLUSIVITY RULES (SECS. 76.91 AND 76.93) DENIED. ALTHOUGH NO EXCLUSIVITY WAS REQUESTED OF FORMER STATION LICENSEE OPERATING FOR SEVERAL YEARS. PRESENT STATION OWNER ONLY RECENTLY BECAME THE LICENSEE. NEITHER DISRUPTION OF VIEWING HABITS NOR COMPETITIVE DISADVANTAGE ARE SUFFICIENTLY SHOWN TO JUSTIFY WAIVER. BETTERVISION SYSTEMS, INC. 47FCC2D0293
PETITION FOR WAIVER OF SECS. 76.91 AND 76.93 TO DENY NETWORKPROGRAM EXCLUSIVITY TO TV STATION LOCATED IN CATV SYSTEM SMALLER TV MARKET BUT FAILING TO PLACE AN ACTUAL GRADE B CONTOUR OVER CITY OF CATV SYSTEM, DENIED ON CONDITION THAT TV STATION FILE APPLICATION FOR TV TRANSLATOR WITHIN NINETY DAYS. STAUNTON VIDEO CORP. 47FCC2D0851
REQUEST FOR LIMITED WAIVER OF SEC. 76.91 (NETWORK PROGRAM EXCLUSIVITY PROTECTION) DENIED FOR FAILURE TO PRESENT NECESSARY ENGINEERING DATA TO SUPPORT ITS ALLEGATION OF INFERIOR SIGNAL TRANSMISSION OF SATELLITE STATION, CATV SYSTEM ORDERED TO COMPLY WITH SEC. 76.91. COMMUNITY SERVICE TV, INC. 47FCC2D0880
CATV PROGRAM EXCLUSIVITY, PRE-RELEASED PROGRAMS CERTIFICATE OF COMPLIANCE GRANTED WITH 6% FRANCHISE FEE WHERE CATV SYSTEM IS IN COMPETITION WITH OTHER SYSTEMS IN THE SAME COMMUNITY HAVING THE SAME FEE. REQUEST FOR PRERELEASE EXCLUSIVITY OF NETWORK PROGRAMS BROADCAST BY CANADIAN STATION DENIED IN THE ABSENCE OF APPROPRIATE ECONOMIC SHOWING. VANHU, INC. 47FCC2D1244
CATV PROGRAM EXCLUSIVITY, SAME DAY CATV SYSTEM ORDERED TO COMPLY WITH SECS. 76.91 AND 76.93 ANDPROVIDE SAME DAY EXCLUSIVITY TO STATIONS LOCATED WITHIN THE MOUNTAIN TIME ZONE. TELEPROMPTER OF GREAT FALLS, INC. 47FCC2D0758
PETITION FOR WAIVER OF EXCLUSIVITY RULES DENIED AND CATV SYSTEM ORDERED TO PROVIDE SAME-DAY NETWORK PROGRAM EXCLUSIVITY REQUIRED BY SEC. 76.99 AND NON-NETWORK EXCLUSIVITY ON A GRANDFATHERED BASIS TO STATIONS WITHIN THE GRADE A CONTOUR SINCE THE CATV SYSTEM HAS MORE THAN 500 SUBSCRIBERS. REX TV, INC. 47FCC2D1187
CATV PROGRAM EXCLUSIVITY, VIOLATION, CEASE AND DESIST ORDER
CEASE AND DESIST ORDER ISSUED FOR VIOLATIONS OF SEC. 76.91 (EXCLUSIVITY REQUIREMENTS) WHERE VIOLATIONS WERE NOT STOPPED UNTIL ACTION COMMENCED. WELCH ANTENNA CO. 47FCC2D1256
NOTICE OF FURTHER PROPOSED RULEMAKING GIVEN FOR RE-EXAMINATION OF PROPOSALS ON IDENTIFICATION OF CABLE ORIGINATED PROGRAMS AND CHANNELS. (SEC. 74.1123). CABLE TV CHANNEL IDENTIFICATION 47FCC2D0671
AMENDMENT OF SECS. 76.7, 76.13 AND 76.15 TO REQUIRE CATV APPLICANTS AND OTHER PARTIES TO THESE PROCEEDINGS TO KEEP THEIR FILING CURRENT. CABLE TV PROCEDURES 47FCC200182
CATV SHARED ACCESS CHANNELS, SEE CATV ACCESS
CERTIFICATE OF COMPLIANCE GRANTED CATV SYSTEM ON SUBSTANTIALCOMPLIANCE WITH SEC. 76.31 SEC. 76.251 WAIVED TO ALLOW CCOMMON ACCESS CHANNELS TO BE SHARED BY FIVE SMALL COMMUNITIES. TELEPROMPTER OF FLA., INC. 47FCC2D0520
CATV SPECIAL TEMPORARY AUTHORITY (STA)
REQUEST BY CATV SYSTEM FOR TEMPORARY AUTHORIZATION TO SUBSTITUTE CARRIAGE OF ONE INDEPENDENT UHF STATION FOR ANOTHER, GRANTED SINCE BASEBALL COVERAGE SHIFTED TO SUBSTITUTED STATION AND THE SEASON WAS ALREADY IN PROGRESS FREEPORT CABLEVISION, INC. 47FCC2D0058
SPECIAL TEMPORARY AUTHORITY GRANTED TO ALLOW CATV CARRIAGE OF TELETHON ON STATION NOT AUTHORIZED FOR CARRIAGE. JAYCEE ALHAMBRA TELETHON 47FCC2D0359
A TEMPORARY LICENSE DOES NOT CONSTITUTE OTHER APPROPRIATE AUTHORIZATION SUFFICIENT TO MEET THE CATV FRANCHISE REQUIRE- MENT. OTHER APPROPRIATE AUTHORIZATION PROVIDED BY SEC. 76.31 IS FOR CIRCUMSTANCES WHERE NO FRANCHISING AUTHORITY EXISTS OR WHERE NO FRANCHISE PER SE CAN BE AWARDED. CARLSBAD CABLE TV, INC. 47FCC2D0549
SPECIAL RELIEF GRANTED TO CATV SYSTEM IN MAJOR MARKET TO ADDNON-NETWORK PORTIONS OF DISTANT NETWORK STATION FOR ONE YEAR PENDING RELAY AVAILABILITY OF INDEPENDENT SIGNAL. SEMINOLE CABLEVISION, INC. 47FCC2D0756
MOBILE HOMES DO NOT CONSTITUTE APARTMENT DWELLINGS FOR SEC. 76.5(A) EXCLUSION WHERE THE INDIVIDUAL UNITS ARE OWNED BY THE OCCUPANTS. REQUEST FOR WAIVER OF SEC. 76.31 FOR ALTERNATIVE TO FRANCHISE DENIED WHERE LOCAL GOVERNMENTAL ENTITIES HAVE FRANCHISE AUTHORITY BUT CHOOSE NOT TO EXERCISE IT. BAYHEAD MOBILE HOME PARK 47FCC2D0763
SEC. 76.601 AMMENDED TO PRESENTLY APPLY THE PERFORMANCE TESTS AND TECHNICAL STANDARDS OF SEC. 76.605 TO NEW CATV SYSTEMS IN OPERATION AFTER MARCH 31. 1972. COMPLIANCE OF OLDER SYSTEMS DEFERRED UNTIL MARCH 31, 1977. CATV TECH STANDARDS PERFORMANCE TEST 47FCC2D0769
CATV WAIVER REQUEST-DISTANT SIGNAL RULE, SEE CATV CARRIAGE
CERTIFICATE OF COMPLIANCE TO OPERATE NEW CATV GRANTED, BUT WITH DENIAL OF REQUEST FOR PARTIAL WAIVER OF SEC. 76.61 TO ALLOW CARRIAGE OF STATIONS OUT
SIDE MARKET AREA. CATV SYSTEM FAILED TO SHOW SIGNIFICANT VIEWING OF REQUESTED SIGNALS AND NEED FOR SPECIAL RELIEF. COLDWATER CABLEVISION, INC. 47FCC2D0315 PETITION TO ADD DISTANT SIGNALS TO CATV SYSTEM DENIED WITH REVERSAL OF PREVIOUS DECISION (7 FCC 2D 617) AUTHORIZING CARRIAGE. ALTHOUGH THE PREVIOUS DECISION WAS DECIDED BEFORE THE PRESENT RULES WERE ADOPTED. IN CONSIDERING MOTIONS FOR RECONSIDERATION. THE COMMISSION MAY WEIGH THE POLICY CONSIDERATIONS AND SUBSEQUENT KNOWLEDGE OF CATV IN SMALLER MARKETS. COMMUNITY ANTENNA CO. 47FCC2D0318
APPLICATION FOR CERTIFICATE OF COMPLIANCE AND PETITION FOR SPECIAL RELIEF TO ALLOW CATV SYSTEM TO CARRY DISTANT SIGNALS DENIED. SINCE PETITIONER HAS NOT MET THE SUBSTANTIAL BURDEN NECESSARY TO JUSTIFY WAIVER OF SEC. 73.63. VALLEY CABLEVISION CORP. 47FCC2D0524
CHANGE, MAJOR APPLICATION TO INSTALL AUXILIARY ANTENNA GRANTED SINCE THIS IS NOT A MAJOR CHANGE UNDER SECS. 1.580(A) AND 1.572 AND NOT SUBJECT TO PETITION TO DENY. PETITIONER IN OPPOSITION FAILED TO MAKE A PRIMA FACIE SHOWING OF VIOLATION OF THE EQUAL EMPLOYMENT OPPORTUNITY RULE. KAISER B/CING CO. 47FCC2D0229
FM TABLE OF ASSIGNMENTS (SEC. 73.202(B)) AMENDED TO PROVIDE A FIRST SIGNAL TO TWO COMMUNITIES (ALBANY AND SAUK RAPIDS, MINN) AND ELIMINATE INTERFERENCE TO AN EXISTING VHF STATION SIGNAL BY SHIFTING A CHANNEL ASSIGNMENT FROM ST. CLOUD, MINN. TO SAUK RAPIDS, MINN. FM TABLE OF ASSIGNMENTS, MINN. 47FCC200203 FIRST FM ASSIGNMENT MADE BY SHIFTING OF CHANNEL ASSIGNMENT IN ANOTHER COMMUNITY. ALTHOUGH NOT REQUIRED BY LAW, REASONABLE EXPENSES FOR THE CHANNEL CHANGE WILL, IN EQUITY, BE CHARGED TO THE LICENSEE OF THE NEW STATION. FM TABLE OF ASSIGNMENTS 47FCC2D1067
CHARACTER QUALIFICATIONS, CONCEALMENT, SEE ALSO CONCEALMENT PETITION TO ADD ISSUES OF CHARACTER AND CONCEALMENT BASED ONALLEGED USE BY APPLICANTS PRINCIPAL STOCKHOLDER OF HIS STUDENTS ASCERTAINMENT STUDIES, IN VIOLATION OF SCHOOL POLICY, DENIED. SCHOOL HAD DETERMINED THERE WAS NO VIOLATION AND PETITIONER FAILED TO SHOW IMPROPER USE OF THESE REPORTS BY THE APPLICANT. HENDERSON BICING CO., INC. 47FCC2D0068
CHARACTER QUALIFICATIONS, EFFECT OF CRIMINAL CONVICTION
PETITION TO REOPEN RECORD, ENLARGE ISSUES TO INCLUDE A CHARACTER ISSUE, AND REMAND, AFTER INITIAL DECISION, DENIED SINCE ISSUE OF MORAL TURPITUDE IS NOT ESTABLISHED BY SINGLE MISDEMEANOR OFFENSE. ONLY THOSE CRIMES REGARDED AS MALUM IN SE INVOLVE MORAL TURPITUDE. APPLICATION FORM REQUIRES DIS- CLOSURE OF FELONY OR CRIME INVOLVING MORAL TURPITUDE. STAR STATIONS OF IND., INC. 47FCC2D0115 APPLICATION FOR NEW UHF TELEVISION STATION GRANTED UPON SHOWING THAT FORMER MAJOR STOCKHOLDER, UNQUALIFIED TO BE A LICENSEE BY REASON OF FEDERAL LAW CONVICTION, WAS IN NO WAY ASSOCIATED WITH APPLICANT CHAPMAN RADIO AND TV CO. 47FCC2D0775
CHARACTER QUALIFICATIONS, SITUATIONS DEFINING MISREPRESENTATION ISSUE ADDED WHERE A SIGNIFICANT NUMBER OF COMMUNITY LEADERS CONTACTED IN THE COMMUNITY SURVEY EITHER DENY OR DO NOT RECALL THE REPRESENTED INTERVIEWS. CHARACTER ISSUE FOR ALLEGED VIOLATION OF SEC RULES NOT ADDED WHERE THE SEC HAS NOT TAKEN ANY ACTION. IN NEW YORK CITY MARKET VHF APPLICANT MAY INCLUDE ANTICIPATED REVENUES TO MEET COSTS. RKO GENERAL, INC. 47FCC2D0827
SEC. 95.3 AMENDED TO PERMIT CLASS C AND D CITIZENS RADIO SERVICE ANTENNAS A MAXIMUM HEIGHT, INCLUDING SUPPORTING STRUCTURE, OF 60-FEET, WHILE MAINTAINING THE PRESENT 20-FOOT LIMIT, ON OMNI-DIRECTIONAL ANTENNAS. ANTENNA HEIGHT RESTRICTIONS 47FCC2D0974
NOTICE OF PROPOSED RULEMAKING FOR REVISION OF THE OPERATING RULES FOR CLASS D STATIONS IN THE CITIZENS RADIO SERVICE. CLASS D STATIONS OPERATING RULES 47FCC2D1022
CITIZENS RADIO SERVICE, FREQUENCIES
NOTICE OF PROPOSED RULEMAKING IN PART 15 SUBPART E TO SUBSTITUTE FREQUENCIES AND CREATE TECHNICAL SPECIFICATIONS FOR LOW POWER COMMUNICATION DEVICES. LOW POWER COMM. DEVICES 47FCC2D1122
CITIZENS RADIO SERVICE, PERMISSIBLE COMMUNICATIONS
CITIZENS RADIO SERVICE LICENSE REVOKED FOR WILLFUL AND REPEATED VIOLATION OF COMMISSION RULES (SECS. 95.37(C), 95.41(D)(2), 95.83(A)(1), 95.83(A)(13), 95.91(B) AND 95.95(C)) AND CALLOUS DISREGARD OF COMMISSION RULES, PERSONNEL AND PROCEDURE. MARTINES, DAVID C. 47FCC2D0085
CIVIL AIR PATROL STATION, SEE ALSO AVIATION SERVICES
SEC. 85.513(B)(4) AMMENDED TO INCLUDE PUERTO RICO IN THE FREQUENCIES ALLOCATED TO THE CIVIL AIR PATROL IN THE SOUTHEAST REGION AND PROVIDE FOR DIRECT COMMUNICATIONS BETWEEN CAP REGION HEADQUARTERS ON THE SAME FREQUENCIES. CIVIL AIR PATROL - PUERTO RICO 47FCC2D0875
APPLICATION FOR CLOSED CIRCUIT MEDICAL/EDUCATIONAL MICROWAVESYSTEM FOR FIVE 20 MHZ WIDE CHANNELS IN THE 6575-6875 MHZ BAND AND TEN 20 MHZ WIDE CHANNELS IN THE 12200-12700 MHZ BAND, GRANTED ON SHOWING OF UNIQUE OR UNUSUAL CIRCUMSTANCE (SEC. 89.121). APPLICATIONS WHICH WERE PLANNED AND PREPARED IN RELIANCE ON PREVIOUS COMMISSION AUTHORIZATIONS IN THE 6 GHZ BAND WILL BE ACCEPTED. OHIO ETV NETWORK COMMISSION 47FCC2D0244
CLOSED CIRCUIT TEST OF NATIONAL-LEVEL INTERCONNECTING SYSTEMS OF THE EMERGENCY BROADCAST SYSTEM AUTHORIZED (SEC. 73.962). EMERGENCY BIC SYSTEM 47FCC2D0886
COAST STATION, FACILITIES
NOTICE OF PROPOSED RULEMAKING TO ESTABLISH MINIMUM PERFORMANCE REQUIREMENTS FOR RADIO RECEIVERS EMPLOYED AT COAST STATIONS OR USED ABOARD SHIPS AND OPERATING ON FREQUENCIES IN THE BAND 156-162 MHZ IN THE MARITIME SERVICE. RADIO RECEIVER REAS. MARITIME SER. 47FCC2D0388
COMMON CARRIER, CONTRACT WITH NON-CARRIER CUSTOMER
COMPLAINT CONCERNING BREACH OF TARIFF CONTRACT AS TO FURNISHING SIMULTANEOUS VOICE DATA LEASED CHANNEL, DESIGNATED FOR HEARING ON ISSUES AS TO WHETHER THE SYSTEM WAS FULLY OPERATIONAL, NEGLIGENCE IN INSTALLATION, EXCESSIVE CHANGES, FAILURE TO PROVIDE INTERSTATE OR FOREIGN SERVICE IN VIOLATION OF SEC. 201(A) AND 201(B) AND DISCRIMINATION (SEC. 202(A)) AND MONETARY DAMAGES. MOCATTA METALS CORP. 47FCC2D0485 |
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