In Re Applications of EASTERN BROADCASTING CORP., ANDERSON, IND.; BROADCASTING INC. OF ANDERSON, ANDERSON, IND. For Construction Permits
Docket No. 19018 File No. BPH-6616; Docket No. 19019 File No. BPH-7083
FEDERAL COMMUNICATIONS COMMISSION
32 F.C.C.2d 187
RELEASE-NUMBER: FCC 71-1081
October 27, 1971 Released
Adopted October 21, 1971
BY THE COMMISSION: COMMISSIONER BARTLEY ABSENT; COMMISSIONER JOHNSON CONCURRING AND ISSUING A STATEMENT; COMMISSIONER REID NOT PARTICIPATING.
[*187] 1. The Commission has before it for consideration: (a) the Review Board's Memorandum Opinion and Order, 30 FCC 2d 745, released July 16, 1971; (b) an application for review filed by Broadcasting Inc. of Anderson on August 18, 1971; (c) comments on the application for review, filed August 30, 1971, by the Chief, Broadcast Bureau; (d) an opposition to the application for review, filed September 8, 1971, by Eastern Broadcasting Corporation; and (e) a reply, filed September 16, 1971, by Broadcasting Inc. of Anderson.
2. Having fully reviewed the contentions of the parties, we are not persuaded that the addition of the cross-interest and Section 1.65 issues by the Review Board will fundamentally affect the conduct of this proceeding. At the same time, we do not believe that the Board, in adding such issues, either abused its discretion or took a clearly unauthorized action. Therefore, we shall dismiss the application for review pursuant to our holding in Home Service Broadcasting Corporation, 25 FCC 2d 759 (1970).
3. Accordingly, IT IS ORDERED, That the application for review filed August 18, 1971 by Broadcasting Inc. of Anderson IS DISMISSED.
FEDERAL COMMUNICATIONS COMMISSION, BEN F. WAPLE, Secretary.
CONCURRING OPINION OF COMMISSIONER NICHOLAS JOHNSON
I concur in the Commission's decision to deny and dismiss the application for review of the Review Board's Opinion and Order adding the cross-ownership and related Section 1.65 issue to the hearing. I agree that this is not an appropriate case for interlocutory [*188] review, as set forth in the Note to Section 1.115(e)(2) and our decision in Home Service Broadcasting Corporation, 25 FCC 2d 759 (1970).
Without expressing any opinion on the ultimate merits of the case, I think it is appropriate for the Commission at least to explore relationships between potential licensees and corporate interests under common control. This is particularly true when, as here, the corporate interest (advertising) has the express goal of utilizing broadcast facilities to service fee-paying clients.