In Re Application of KAYE BROADCASTERS, INC., PUYALLUP, WASH.
For Renewal of License of Station KAYE
Docket No. 18929 File No. BR-2682
FEDERAL COMMUNICATIONS COMMISSION
34 F.C.C.2d 706
RELEASE-NUMBER: FCC 72-385
May 2, 1972 Released
Adopted May 1, 1972
BY THE COMMISSION: COMMISSIONER JOHNSON CONCURRING AND ISSUING A STATEMENT.
[*706] 1. Having fully considered the entire record, including the Initial Decision, FCC 71D-30, released June 3, 1971, the exceptions and related pleadings filed by the parties, and the oral argument held before the Commission, en banc, on April 18, 1972,
2. IT IS ORDERED:
(a) That this proceeding IS REMANDED to the presiding Examiner for further hearings, not to commence until 90 days after the release of this Order, in order to afford the licensee a full opportunity to make a rebuttal showing;
(b) That the presiding Examiner IS DIRECTED to prepare, on an expedited basis, a Cumulative Initial Decision based on the entire record in this proceeding; and
(c) That the Exceptions of KAYE Broadcasters, Inc. and the Broadcast Bureau's Statement in Support of Initial Decision and Limited Exceptions, both filed August 20, 1971 ARE DISMISSED.
FEDERAL COMMUNICATIONS COMMISSION, BEN F. WAPLE, Secretary.
CONCURRING OPINION OF COMMISSIONER NICHOLAS JOHNSON
I concur with the Commission's decision to remand this case to the Hearing Examiner for the receipt of rebuttal evidence by KAYE Broadcasters, Inc.
What the Commission is deciding today is that the Hearing Examiner acted unreasonably in denying KAYE's motion for a 90-day continuance, in order to prepare KAYE's rebuttal evidence in the case.
I am extremely concerned lest today's Commission action be misinterpreted. I do not interpret it to mean, nor do I understand that my fellow Commissions believe, that we are expressing any views whatever, pro or con, on the way the hearing below was conducted -- outside of the narrow question of whether the motion for a 90-day continuance should have been granted.
[*707] Secondly, we are not deviating from our conviction that the Hearing Examiners are responsible for the proper conduct of hearings, and that members of the bar or of the public are expected to respect the decorum of Commission proceedings and rules. The narrow scope of today's ruling cannot be overemphasized.