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In the Matter of AMENDMENT OF
SECTION 73.606(b) OF THE COMMISSION'S RULES, TELEVISION TABLE
OF ASSIGNMENTS (EUGENE AND SALEM,
FEDERAL COMMUNICATIONS COMMISSION
16 F.C.C.2d 840 (1969)
RELEASE-NUMBER: FCC 69-206
March 5, 1969 Adopted
OPINION AND ORDER
COMMISSION: COMMISSIONER BARTLEY ABSENT; COMMISSIONER
ROBERT E. LEE DISSENTING AND ISSUING A STATEMENT IN WHICH COMMISSIONER JOHNSON
On May 17, 1967, Cascade Broadcasting Co. (Cascade), filed a petition
(RM-1152) requesting the reallocation of channel 3 from Salem
to Eugene, Oreg. (replacing it at Salem
with UHF channel 41). The petition was
filed very shortly after a permit-holder on channel 3 at Salem
surrendered its authorization.
2. Cascade, the licensee of television and
radio stations in Idaho and Washington,
stated that, if the reassignment of channel 3 to Eugene
were made, it would join with KUGN, Inc., a Eugene
radio licensee, to apply for the channel.
The petition was supported by Mrs. Shirley Pape stating her intention to
form a group to apply for the channel if reassigned to Eugene. The licensees of the two Eugene TV stations,
Liberty Television, Inc. (KEZI-TV, channel 9) and Eugene Television, Inc.
(KVAL-TV, channel 13, associated ownership-wise with stations at Coos
Bay and Roseburg
operating as satellites of KVAL-TV) opposed the petition. An opposition was also filed by a group
expressing its intention to apply for the channel at Salem;
this group -- later incorporated as Channel 3, Inc. -- filed such an
application (BPCT-4050), which is pending.
Others filed informal comments.
A letter from the president of Eugene City Council (although not written
in his official capacity) supports the reassignment of the channel, asserting
that Eugene has a greater need for additional
service than Salem with the four Portland
stations available. The need for
additional service for public purposes, including political time, is urged. A letter from the Lane
requesting a hearing concerning the reassignment and expressing the view that
an additional channel in the county would be a public benefit, was also
filed. A letter from the Salem Chamber
of Commerce opposed the change, in the interest of providing Salem
with a TV station of its own.
3. Cascade, in December 1968, informed the
Commission that it no longer is interested in reassignment of channel 3,
primarily because of its proposed merger with Filmways, Inc. (BTC-5776) and
the [*841] intent of the merger entity to expand its broadcast interest in
other major markets. Mrs. Pape has also
advised the Commission that neither she nor those whose support she expected to
rely on to apply for the channel, if reallocated, are now interested in doing
4. Because of the apparent absence of any
potential applicant for channel 3 if reassigned to Eugene, and the additional
fact that an application for a construction permit at Salem is pending
(BPCT-4050), it would appear that no purpose would be served by considering the
proposal in a rulemaking proceeding.
The allocation question involved would be a close one even where the
demand situation equal, in view of the availability of UHF to supply a third
service to the Eugene area and the desirability of giving Salem its maximum
chance for a local television outlet, always an important objective in
broadcast allocation matters.
Therefore, since there is a pending application for use of the channel
at Salem, we
believe that no further consideration is warranted.
5. Accordingly, the petition filed by Cascade
Broadcasting Co. on May 17, 1967 (RM-1152), requesting the reassignment of
channel 3 from Salem to Eugene,
Oreg., Is dismissed.
COMMUNICATIONS COMMISSION, BEN F. WAPLE, Secretary.
DISSENTING STATEMENT OF COMMISSIONER ROBERT E. LEE IN WHICH
COMMISSIONER NICHOLAS JOHNSON JOINS
dissent to the actions taken by the majority wherein it denies proposed
rulemaking to move channel 3 from Salem to
Eugene, Oreg., and to the grant of the application of Channel 3, Inc. for a
construction permit to build a station in Salem
in derogation of our mileage separation rule.
searched vainly in the majority's order for a reason for permitting this
violation of our rules, and find no attempt at justification other than the
recitation that in 1963 the FCC once condoned it.
the proposed move of the channel to Eugene,
I believe proposed rulemaking should be issued. Experience has shown that a UHF station in a two VHF market the
size of Eugene is not a prime prospect for network affiliation, particularly
where, as here, a CATV is in operation, whereas an independent station
operating in Salem with three networks pouring in from Portland could fare
little better or worse whether it were UHF or VHF. But a bobtailed VHF station in Salem
limited by interference from an adjacent channel station, is distinctly
inferior and should not be permitted.
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