Washington, Friday, April 25, 1958

«934 VOLUME 23 ^ A //T E O ^ NUMBER 82 Washington, Friday, April 25, 1958

TITLE 3— THE PRESIDENT ceed ninety days, such investigation need CONTENTS not include reference to subparagraphs EXECUTIVE ORDER 10763 (f) through (j) of this paragraph. THE PRESIDENT “4. Whenever information disclosed Amendment of Executive Order N o. with respect to any person being inves Executive Orders Pa8® 10422,x as Amended, P rescribing P ro tigated is derogatory, within the stand Amendment of Executive Order cedures for Making Available to the ard set forth in Part II of this order, the No. 10422, as amended, prescrib Secretary G eneral of the U nited Na United States Civil Service Commission ing procedures for making avail tions Certain Information Concern shall forward such information to the able to the Secretary General ing United S tates Citizens Employed Federal Bureau of Investigation, and the of the United Nations certain or Being Considered for Employment Bureau shall conduct a full field investi information concerning United on the S ecretariat of the U nited gation of such person.” States citizens employed or be Nations ing considered for employment By virtue of the authority vested in This' order shall become effective on on the Secretariat of the United me by the Constitution, statutes, and July 1,1958. Nations______2767 treaties of the United States, including D wight D. Eisenhower Suspension of the eight-hour law the Charter of the United Nations, and as to laborers and mechanics The W hite H ouse, employed by the Civil Aeronau as President of the United States, it is April 23,1958. ordered that paragraphs 2, 3, and 4 of tics Administration on public Part I of Executive Order No. 10422 of [F. R. Doc. 58-3138; Filed, Apr. 24, 1958; work essential to the National January 9, 1953, as amended by Execu 10:18 a. m.] defense______2767 tive Order No. 10459 of June 2, 1953, be, EXECUTIVE AGENCIES and they are hereby, amended to read as follows: EXECUTIVE ORDER 10764 Agricultural Marketing Service Proposed rule making : . “2. The Secretary of State shall for S uspension of the Eight-H our Law as Milk; in Cedar Rapids-Iowa ward the information received from the to Laborers and Mechanics Employed City marketing area______2770 Secretary General of the United Nations by the Civil Aeronautics Administra P e a c h e s , fresh; grown in to the United States Civil Service Com tion on P ublic W ork Essential to the Georgia______2771 mission, and the Commission shall con N ational D efense Agriculture Department duct an investigation. WHEREAS by Proclamation No. 2914 “3. The investigation conducted by the See Agricultural Marketing Serv of December 16, 1950, the President pro ice. Civil Service Commission shall be a full claimed the existence of a national background investigation conforming to emergency, which requires that the mili Alien Property Office the investigative standards of the Civil tary, naval, air, and civilian defenses of Notices : Service Commission, and shall include this country be strengthened as speedily Chiara, Celina, et al.; intention reference to the following : as possible; and to return vested property___ 2T80 (a) Federal Bureau of Investigation WHEREAS by section 1 of the act of Civil Aeronautics Board files. August 1, 1892, 27 Stat. 340, as amended Notices: (b) Civil Serviqe Commission files. by the act of March 3, 1913, 37 Stat. 726 Trans World Airlines siesta (c) Military arid naval intelligence (40 U. S. C. 321), the service or employ sleeper seat service; oral ar files as appropriate. ment of all laborers and mechanics em gument ------2772 ized in a very short period of time, and mission (g) Schools and colleges attended by that such system be operated and main the person. Notices: tained at the highest level of efficiency; Hearings, etc. :

RULES AND REGULATIONS

TITLE 5— ADMINISTRATIVE (2) of the export regulations, the pro 1919)) are amended by changing hibitions and sanctions provided in Parts § 120.153 (b) to read as follows: PERSONNEL 381 and 382 of the export regulations set § 120.153 Tolerances for residues of Chapter I— Civil Service Commission forth in this chapter shall apply when 0,0-diethyl O- (2-isopropyl-4-methyl-6- ever such commodity is or is attempted to pyrimidinyl) phosphorothioate. * * * . Part 6—Exceptions From the be transshipped, diverted or re-exported (b) 0.75 part per million in or on ap Competitive S ervice to any destination contrary to the pro ples, apricots, beet roots, beet tops, broc visions of the contract of sale executed DEPARTMENT OP COMMERCE coli, cabbage, cauliflower, celery, cherries, by the United States Armed Forces. lettuce, lemons, nectarines, oranges, Effective upon publication in the F ed (b) The provisions of this section shall peaches, pears, peppers, plums (fresh eral R egister, subparagraphs (6 ), (8 ), apply to any person who directly or in prunes), spinach, strawberries, tomatoes. (,11) and (13) of paragraph (d) of directly participates or has an interest § 6.312 are revoked. in any transaction involving Positive List Any person who will be adversely af commodities sold by the United States fected by the foregoing order may, at (R. S. 1753, sec. 2, 22 Stat. 403, as amended; any time prior to the thirtieth day from 5 U. S. C. 631, 633) Armed Forces in any foreign country. Sanctions may include denial of partici the effective date thereof, file with the U nited S tates Civil S erv pation in Armed Forces foreign excess Hearing Clerk, Department of Health, ice Commission, personal property disposals, as well as Education, and Welfare, Room 5440, 330 [seal] W m. C. H ull, United States export privileges. Independence Avenue SW., Washington Executive Assistant. 25, D. C., written objections thereto. Ob This amendment shall become effec jections shall show wherein the person [P. R. Doc. 58-3093; Piled, Apr. 24, 1958; 8:48 a. m.] tive on April 25, 1958. filing will be adversely affected by this (Sec. 3, 63 Stat. 7, as amended; 5 0 IT. S. C. order, specify with particularity the pro App. 2023. E. O. 9630, 10 F. R. 12245, 3 CFR, visions of the order deemed objection TITLE 15— COM MERCE AND 1945 Supp., E. O. 9919, 13 F. R. 59, 3 CFR, able and reasonable grounds for the 1948 Supp.) objections, and request a public hearing FOREIGN TRADE Loring K. Macy, upon the objections. Objections may be Director, accompanied by a memorandum or brief Chapter III— Bureau of Foreign Com Bureau of Foreign Commerce. in support thereof. All documents shall merce, Department of Commerce [F. R. Doc. 58-3080; Filed, Apr. 24, 1958; be filed in quintuplicate. Subchapter B— Export Regulations 8:46 a. m.] Effective date. This order shall be [8th Gen. Rev. of Export Regs., Arndt. 51] effective upon publication in the F ed eral R egister. Part 370—S cope of Export Control by TITLE 21— FOOD AND DRUGS (Sec. 701, 52 Stat. 1055, as amended; 21 Department of Commerce U. S. C. 371. Interprets or applies sec. 408, 6i miscellaneous amendments Chapter I— Food and Drug Adminis Stat. 511; 21 U. S. C. 346a) Part 370—Scope of Export Control by tration, Department of Health, Edu Dated: April 18,1958. cation, and Welfare Department of Commerce is amended in [seal] G eo. P. Larrick, the following particulars: Subchapter B— Food and Food Products Commissioner of Food and Drugs. 1. Section 370.2 Prohibited exporta tions, paragraph (a) General provisions P art 120—T olerances and Exemptions [F. R. Doc. 58-3077; Filed, Apr. 24, 1958; 8:46 a. m.] is amended to read as follows: F rom T olerances for P esticide Chem (a) General provisions. Subject to icals in or on R aw Agricultural the provisions of §§ 370.3, 370.3a, and Commodities TITLE 7— AGRICULTURE 370.4, the exportation from the United TOLERANCES FOR RESIDUES OF 0,0-DIETHYL States of all commodities and all techni O- (2-ISOPROPYL - 4 - METHYL - 6 - PYRIMI- Chapter IV— Federal Crop Insurance cal data as defined, in § 385.1 is hereby DINYL) PHOSPHOROTHIOATE Corporation prohibited unless and until a license au thorizing such exportation shall have A petition was filed with the Food and P art 401—F ederal Crop I nsurance been established or granted by the De Drug Administration requesting the es S ubpart—R egulations for 1958 and partment of Commerce, except: tablishment of tolerances for residues of S ucceeding Crop Y ears (1) Exportations to Canada, and 0,0-diethyl O- (2-isopropyl-4-methyl-6- (2) Exportations for the official use pyrimidinyl) phosphorothioate in or on COUNTIES DESIGNATED FOR WHEAT of or consumption by the United States various raw agricultural commodities. CROP INSURANCE Armed Forces when shipped by or con The request for a tolerance on grapes Bourbon, Cherokee, Franklin, Linn and signed to any branch thereof under a was subsequently withdrawn without Montgomery Counties, Kansas, and Paw United States Government Bill of Lad prejudice to a future filing. nee and Washington Counties, Nebraska, ing or a United States Government space The Secretary of Agriculture has cer are hereby added to the list of counties, charter or by means of a United States tified that this pesticide chemical is use- published January 16, 1958 (23 F. R. Government-owned or Government- fùl for the purposes for which tolerances 290) which were designated for wheat chartered carrier, and are being established. crop insurance for the 1959 crop year (3) Exportations of commodities and After consideration of the data sub pursuant to authority contained in para technical data controlled by another mitted in the petition and other relevant graph (a) of § 401.1 of the above-identi government agency. material which show that the tolerances fied regulations, as amended (22 F. R. established in this order will protect the 2. A new section is added after § 370.3 6557, 7210, 8473, 9515, 11024; 23 F. R. public health, and by virtue of the au 289, 869, 1943, 2373). to read as follows: thority vested in the Secretary of Health, (Secs. 506, 516, 52 Stat. 73, as amended, 77, as § 370.3a Unauthorized disposition of Education, and Welfare by the Federal amended; 7 U. S. C. 1506, 1516. Interpret or foreign excess personal property pur Food, Drug, and Cosmetic Act (sec. 408 apply secs. 507—509, 52 Stat. 73-75, as chased from the United States Armed (d) (2), 68 Stat. 512; 21 U. S. C. 346a (d) amended; 7 U. S. C. 1507-1509) forces in foreign countries, (a) In the (2) ) and delegated to the Commissioner event the United States Armed Foi of Food and Drugs by the Secretary (21 [ seal] F. N. M cCartney, shall sell in any foreign country ; CFR 120.7 (g) ), the regulations for toler Manager, Positive List commodity, in used or j ances for pesticide chemicals in or on Federal Crop Insurance Corporation. condition, which was exported from raw agricultural commodities (21 CFR [F. R. Doc. 58-3096; Filed, Apr. 24, 1958; United States pursuant to § 370.2 120.153 (22 F. R; 4017, 9691; 23 F. R. 8:49 a. m.] 2770 RULES AND REGULATIONS tain editorial changes in §§ 2.1 and 2.101 It further appearing that the footnote TITLE 43— PUBLIC LANDS: of its rules and regulations ; and in § 15.161 requires-clarification; and INTERIOR It appearing that the definition of It further appearing that the amend Citizens Radio Service contained in § 2.1 ments adopted herein are editorial in Chapter I— Bureau of Land Manage of the rules does not agree with the defi nature, and, therefore, prior publication ment, Department of the Interior nition of said service contained in the of notice of proposed rule making under the provisions of section 4 of the Admin Appendix— Public Land Orders appendix to the First Report and Order in Docket 11994, adopted by the Commis istrative Procedure Act is unnecessary, [Public Land Order 1623] sion on April 16,1958 ; and and the amendments may become effec [Anchorage 012587] It further appearing that § 2.101, tive immediately; and which lists thé various radio station It further appearing that the amend Alaska symbols, is superfluous since the F. C. C. ments adopted herein are issued pur PARTIALLY REVOKING PUBLIC LAND ORDER NO. frequency list, available for reference as suant to authority contained in sections 8 2 4 OF MAY 13 , 1 9 5 2 , AND MODIFYING indicated in Part 0, section 0.126, con 4 (i), 5 (d) (1) and 303 (r) of the Com EXECUTIVE ORDER NO. 2242 OF AUGUST 31, tains the information which § 2.101 was munications Act of 1934, as amended, 1915Î PARTIALLY REVOKING EXECUTIVE originally intended to provide ; and and section 0.341 (a) of the Commis- ORDER NO. 1 9 1 9 ^ 2 , AS AMENDED It further appearing that the amend siop’s Statement of Organization, Dele ments adopted herein are editorial in gations of Authority and Other Infor By virtue of the authority.-vested in nature and, therefore, prior publication mation. the President by section 1 of the act of of notice of proposed rule making under It is ordered, This 17th day of April March 12, 1914 (38 Stat. 305, 307; 48 the provisions of section 4 of the Admin 1958, that, effective April 28, 1958, § 15.63 U. S. C. 303), and otherwise, and pur istrative Procedure Act is unnecessary (b) (2) and the footnote 1 to table con suant to Executive Order No. 10355 of and the amendment may become effec tained in § 15.161 is amended as set forth May 26,1952, it is ordered as follows: below. 1. Public Land Order No. 824 of May tive immediately; and It further appearing that the amend Released: April21,1958. 13, 1952, so far as it reserved the follow ments adopted herein are issued pur ing-described land in Alaska for use by suant to authority contained in sections F ederal Communications the Forest Service in connection with 4 (i), 5 (d) (1) and 303 (r) of the Com Commission, the administration of the Chugach Na munications Act of 1934, as amended, [seal] Mary J ane Morris, tional Forest, is hereby revoked: and section 0.341 (a) of the Commission’s Secretary. Seward Meridian Statement of Organization, Delegations Part 15 of the Commission’s rules is T. 13 N., R. 3 W„ of Authority and Other Information; amended as follows: Anchorage Townsite, East Addition, It is ordered, This 22d day of April 1. Amend § 15.63 (b) (2) by changing Block 37, lot 1 of S y2. 1958, that, effective April 25, 1958, §§ 2.1 the text thereof to read as follows: and 2.101 are amended as set forth below. The area described contains 1 acre. (2) Institute of Radio Engineers 2. Executive Order No. 2242 of August Released: April 22, 1958. Standard 54 IRE 17.S1 and amendment 31, 1915, so far as it reserved the land 56 IRE 27.S1 for power line interference described in paragraph 1 of this order for F ederal Communications Commission, measurements for television broadcast townsite purposes, is hereby modified to [seal] Mary Jane Morris, receivers. the extent necessary to permit selection Secretary. of the land by the Territory of Alaska, 2. Amend footnote 1 to table contained in accordance with section 202 (b) of the Part 2 of the Commission’s rules is In § 15.161 by changing the text thereof act of July 28, 1956 (70 Stat. 709, 711; amended as follows: to read as follows: 48 U. S. C. 46-3 (b) ), and subject to the 1. Amend the definition of Citizens 1 For the purpose of this section, a sparsely requirements of that act, and the regula Radio Service in § 2.1 to read as follows; inhabited area is that area within 1,000 feet of a community antenna television system tions in 43 CFR Part 76, in connection Citizens radio servies. A radiocommu with its mental health program, except where television broadcast signals are, in nication service of fixed, land, and mobile fact, not being received directly from a tele as against prior existing valid rights, or stations intended for personal or busi as against equitable claims subject to vision broadcast station. ness radiocommunications, radio signal (Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. allowance and confirmation. ling, control of remote objects or devices 3. Executive Order No. 1919^ of April 154. Interpret or apply sec. 303, 48 Stat. by means of radio, and other purposes 1082, as amended; 47 U. S. C. 303) 21,1914, as amended by Executive Order not specifically prohibited. No. 3672 of May 8, 1922, withdrawing [F. R. Doc. 58-3084; Filed, Apr. 24, 1958; lands in Alaska for townsite purposes, is 2. Amend § 2.101 by substituting the 8:47 a. m.J hereby revoked so far as it affects the word “Reserved” for the present text. lands described in paragraph 1 of this (Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. order. 154. Interpret or apply sec. 303,48 Stat. 1082, R oger Ernst, as amended; 47 U. S. C. 303) PROPOSED Assistant Secretary of the Interior. [F. R. Doc. 58-3083; Filed, Apr. 24, 1958; 8:47 a. m.] April 18, 1958. RULE MAKING [F. R. Doc. 58-3072; Filed, Apr. 24, 1958; 8:45 a. in.] DEPARTMENT OF AGRICULTURE [Rules Amdt. 15-2] Agricultural Marketing Service TITLE 47— TELECOMMUNI P art 15—I ncidental and R estricted R adiation D evices CATION [ 7 CFR Part 931 Ì miscellaneous amendments [Docket No. AO-229-A5] Chapter I— Federal Communications The Commission having under consid M ilk in Cedar R apids-I owa City Commission eration the desirability making certain Marketing Area [Rules Amdt. 2-18] editorial changes in Part 15 of its rules; SUPPLEMENTAL NOTICE OF HEARING ON PRO and POSED AMENDMENTS TO TENTATIVE MAR* P art 2—F requency Allocations and It appearing that the measurement KETING AGREEMENT AND TO ORDER R adio T reaty Matters; General R ules procedure described in MIL-I-16910 is and R egulations acceptable for the purpose of making Notice was issued on April 10,1958 (23 power line interference measurements F. R. 2427) of a public hearing beginning MISCELLANEOUS AMENDMENTS and that this procedure is now incorpo on April 29,1958, at Cedar Rapids, Iowa, The Commission having under con rated in 56 IRE 27 SI, a standard issued on proposed amendments to the tenta sideration the desirability of making cer by the Institute of Radio Engineers; and tive marketing agreement and to the or- Friday, April 25, 1958 FEDERAL REGISTER 2771 der, regulating the handling of milk in each handler who first ships peaches ceeding (Docket No. 6741) and they urge the Cedar Rapids-Iowa City milk mar shall pay in accordance with the provi that the granting of their request for keting area. sions of the aforesaid amended market extension of time will not prejudice the Notice is hereby given, pursuant to ing agreement and order during the rights of any party to the proceeding. provisions of the Agricultural Marketing aforesaid fiscal period, the rate of assess 3. On April 18, 1958, counsel for the Agreement Act of 1937, as amended (7 ment at eight tenths cent ($0.008) per Daytime Broadcasters Association filed U. S. C. 601 et seq.), and the applicable bushel basket of peaches (net weight 50 a letter bearing the same date, which, rules of practice and procedure govern pounds), or its equivalent of peaches in states that the Association consents to ing the formulation of marketing agree other containers or in bulk, shipped by the extension of time requested for filing ments and orders (7 CFR Part 900), that, him as the first handler thereof during of comments from May 2 to May 19, in addition to the proposed amendments said fiscal period. 1958, inasmuch as the further notice of set forth in the original notice of hear All persons who desire to submit writ proposed rule making, released on April ing (23 F. R. 2427) , evidence will be re ten data, niews, or arguments for con 15, 1958, in the Clear Channel proceed ceived with respect to the additional pro sideration in connection with the ing requires further study to determine visions specified in the proposals listed proposals may do so by submitting the its possible effect upon the comments below or to appropriate modifications same to the Director, Fruit and Vegetable which the Daytime Broadcasters Asso thereof. The additional proposals con Division, Agricultural Marketing Service, ciation expects to file in this proceeding. tained in this supplemental notice have United States Department of Agriculture, 4. The Commission believes that good not received the approval of the Secret Washington 25, D. C., not later than the cause for an extension of time for filing tary of Agriculture. 10th day following publication of this comments in this proceeding has been Additional proposals are as follows : notice in the F ederal R egister. established and that such extension will Proposed by Sanitary Farm Dairies: Terms used in the amended marketing serve the public interest, convenience and Proposal No. 8. Amend § 931.52 loca agreement and order shall, when used necessity and will not unduly delay the tion differentials to handlers to include herein, have the same meaning as is proceeding. prior to the proviso therein, which will given to the respective term in said 5. In view of the foregoing: It is read “* * * that such plant is from the amended marketing agreement and ordered, That the aforesaid request of nearer of the Cedar Rapids, Iowa City order. Aladdin Broadcasting Corporation, et and Clinton City Halls/’ (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. al., is granted and that the time for filing Proposal No. 9. Amend § 931.82 loca 608c) comments in the above-entitled proceed tion differentials to producers by chang ing is extended from May 2,1958, to May ing the last three lines therein to read Dated: April 22, 1958. 19, 1958, and the time for filing reply ****** that such plant is from the [seal] S- R. Smith, comments is extended from June 2,1958, nearer of the Cedar Rapids, Iowa City Director, Fruit and Vegetable to June 18, 1958. and Clinton City Halls.” Division, Agricultural Market Adopted: April 22, 1958. Copies of this supplemental notice of ing Service. hearing may be procured from the Mar Released: April 22, 1958. [F. R. Doc. 58-3095; Filed, Apr. 24, 1958; ket Administrator, P. O. Box 1547, Cedar 8:49 a. m.J F ederal Communications Rapids, Iowa, or from the Hearing Clerk, Commission, Room 112, Administration Building, [seal] M ary J ane Morris, United States Department of Agricul Secretary. ture, Washington, D. C., or may be there FEDERAL COMMUNICATIONS inspected. COMMISSION [F. R. Doc. 58-3085; FUed, Apr. 24, 1958; 8:47 a. m.] Dated: April 22,1958. [ 47 CFR Part 3 1 [seal] R oy W. Lennartson, [Docket No. 12274] Deputy Administrator. {F. R. Doc. 58-3078; Filed, Apr. 24, 1958; R adio B roadcast S ervices £47 CFR Par» 19] 8:46 a. m.] EXTENSION OF HOURS OF BROADCASTING FOR [Docket No. 11895; FCC 58-375] DAYTIME STANDARD BROADCAST STATIONS; Citizens R adio S ervice ORDER EXTENDING TIME FOR FILING COM [ 7 CFR Par» 962 ] MENTS termination of proceeding 1. The Commission has before it for At a session of the Federal Communi Fresh P eaches G rown in Georgia consideration a request filed on April 18, cations Commission held at its offices NOTICE OF PROPOSED RTJLE MAKING W ITH 1958, by a number of broadcast station in Washington, D. C., on the 16th day of 1 RESPECT TO EXPENSES AND FIXING OF RATE licensees (Aladdin Broadcasting Cor April 1958. OF ASSESSMENT FOR 1958-59 FISCAL poration, RKO Teleradio Pictures, Inc., The Commission having under con PERIOD WKY Television Systems, Inc., WWDC, sideration amendment of Part 19- Consideration is being given to the fol Inc., WDSU Broadcasting Corporation, Citizens Radio Service to delete the ex lowing proposals which were submitted Evening News Association, Twin States isting note appended to § 19.12; and by the Industry Committee, established Broadcasting, Inc., Air Trails Broadcast It appearing, that the Commission on under the marketing agreement, as ing, Inc., Wood Broadcasting, Inc., In December 19, 1956 adopted a notice of amended, and Order No. 62, as amended termountain Radio and T elevision proposed rule making in this matter (1 CFR Part 962), regulating the han Corp., Lee Radio, Inc„ WDEF Broadcast which was published in the F ederal dling of fresh peaches grown in the State ing Co., Great Trails Broadcasting Co., R egister on December 28, 1956 (21 F. R . of Georgia, effective under the Agricul Indianapolis Broadcasting, Inc., and 10414) in accordance with section 4 (a) tural Marketing Agreement Act of 1937, WMBD, Inc.) for extension of time— of the Administrative Procedure Act; as amended (7 U. S. C. 601 et seq.), as from May 2 to May 19, 1958—in which and the agency to administer the terms and to file comments in this proceeding. It further appearing that on April 3, Provisions thereof : 2. These parties state that the addi 1957, the Commission adopted a notice _ (a) That the Secretary of Agriculture tional time requested is needed for prep of proposed rule making (Docket No.: und that expenses not to exceed aration of the engineering data to sup 11994) proposing among other things $17,957.00 wHl be necessarily incurred by port the comments which they intend to a complete revision of Part 19, which the aforesaid Industry Committee for its file in the proceeding. They state that was published in the F ederal R egister Maintenance and functioning during the counsel for the Daytime proadcasters April 16, 1957 (22 F. R. 2606) ; and ' fiscal period beginning on March 1, 1958, Association has been consulted and has It further appearing that the notice in under the aforesaid amended marketing indicated that the Association would not Docket 11994 stated that, “Inasmuch as agreement and order; and object to the extension of time requested the instant proceeding contemplates a (b) That the Secretary of Agriculture in view of the Commission’s action on complete revision of Part 19, including nx. as the share of such expenses which April 15, 1958 in the Clear Channel pro the removal of the present note to 2772 PROPOSED RULE MAKING § 19.12, Docket No. 11895 Is merged Into Act of 1934, as amended, the proceeding should be sent to the company which has this proceeding, and the comments filed in Docket No. 11895 is terminated. filed the petition or plan, and that com pany may file a reply within seven days thereto will be considered in any dis Released: April 21,1958. position of this proceeding”; and following receipt of the comments or It further appearing that the Commis F ederal Communications statement. Hearings will be public. sion today adopted a first report and Commission, 5. These instructions supersede the in order in Docket 11994 which renders the [ seal] M ary J ane M orris, structions on the same subject which proposal in this docket moot; Secretary. were issued by the Administrator on Au It is ordered, That, pursuant to section [F. R. Doc. 58-3086; Piled, Apr. 24, 1958; gust 16, 1957, and which appear in the 4 (i) and 303 of the Communications 8:47 a. m.] F ederal R egister for August 22, 1957 (22 F. R. 6804). M. V. Carson, Jr., « Administrator, Voluntary Oil Import Program. NOTICES April 21,1958. [F. R. Doc. 58-3104; Piled, Apr. 24, 1958; 8:50 a. m.] CIVIL AERONAUTICS BOARD I-IV by the President’s approval of the recommendations made in the First Re [Docket No. 9063] port of the ¡President’s Special Commit GENERAL SERVICES ADMIN tee to Investigate Crude Oil Imports, T rans W orld Airlines S iesta S leeper ISTRATION S eat S ervice dated July 29, 1957. The Program was extended to District V by the President’s [Delegation of Authority No. 335] NOTICE OF ORAL ARGUMENT approval of the recommendations made S ecretary of Agriculture Notice is hereby given, pursuant to the in the Second Report of the President’s provisions of the Civil Aeronautics Act Special Committee, dated December 12, DELEGATION OF AUTHORITY TO NEGOTIATE of 1938, as amended, that oral argument 1957. The President also has approved CONTRACT FOR PROFESSIONAL SERVICES the recommendations made by the in the above-entitled proceeding is as 1. Pursuant to the authority vested in signed to be held on May 14, 1958, at Special Committee in a Supplementary Report, dated March 24,1958. me by the Federal Property and Admin 10:00 a. m„ e. d. s. t., in Room 5042, Com istrative Services Act of 1949 (63 Stat. merce Building, 14th Street and Consti 2. The Administrator, Voluntary Oil Import Program, is authorized to hear 377), as amended, herein called the act, tution Avenue NW., Washington, D. C., authority is hereby delegated to the Sec before the Board. and determine petitions for the relief of alleged inequities in the application retary of Agriculture to negotiate, with Dated at Washington, D. C., April 21, of the Voluntary Oil Import Program. out advertising, under section 302 (c) (4) 1958. Any importing company which believes of the act, a contract for architectural that the application of the Voluntary Oil and engineering services in connection [seal]' F rancis W. B rown, with the construction of a building at Chief Examiner. Import Program would result in inequi ties may file a petition with the Admin the Agricultural Research Center, Belts- [F. R. Doc. 58-3094; Piled, Apr. 24, 1958; ville, Maryland, for the Atomic Energy 8:48 a. m.] istrator, Voluntary Oil Import Program, Department of the Interior, Washington Commission. 25, D. C. The petition should describe 2. This delegation of authority shall be subject to all applicable provisions DEPARTMENT OF THE INTERIOR and explain the particular inequitable result which the company believes would of Title III of the act with respect to ne Bureau of Land Management be caused by the application of the Pro gotiated contracts and to all other pro visions of law. [Order 541, Amdt. 14] gram. A hearing will be afforded each petitioner.1 3. The authority herein delegated may Land Office Manager 3. The Voluntary Oil Import Program be redelegated to any officer or official contemplates that companies which plan of the Department of Agriculture. redelegation of authority concerned 4. The delegation shall be effective as W ITH LANDS AND RESOURCES to become importers of crude oil either in Districts I-IV or in District V should of the date hereof and shall not extend April 18,1958. present their plans to the Administrator beyond July 1, 1958. Part III-A—Redelegation to Land at least six months prior to the date Dated: April 18,1958. Office Managers is amended by adding selected for the commencement of oper F ranklin F loete, the'following section: ations. Such plans should be submitted Administrator. within the time specified to the Admin S ec. 3.1 Authority to redelegate. The Land Office Manager may redelegate to istrator, Voluntary Oil Import Program, [F. R. Doc. 58-3081; Piled, Apr. 24, 1958; the Chief, Minerals Adjudication Unit, Department of the Interior, Washington 8:46 a. m.] 25, D. C. A hearing will be scheduled authority to take action for the Manager for each prospective new importer.1 in matters listed in section 3.6 of Part FEDERAL COMMUNICATIONS III-A, and to the Chief, Lands Adjudica 4. Petitions and supporting papers and plans of new importers submitted pur COMMISSION tion Unit, authority to take action for suant to these instructions will be avail the Manager in matters listed in section [Docket No. 11645 etc.; PCC 58-370] 3.9 of Part III-A. Any order of redelega able for public inspection at the office of tion must be approved by the State the Administrator, Voluntary Oil Import American T elephone and T elegraph Co. Program, after a hearing has been held et AL. Supervisor and published in the F ederal on the petition or plan. Persons inter R egister. ; ested in a petition or plan may file writ ORDER CONSOLIDATING PROCEEDINGS Earl J. T homas, ; ten comments or statements with the Acting Director. In the matter of American Telephone Administrator within seven days follow and Telegraph Company, Docket No. [F. R. Doc. 58-3073; Piled, Apr. 24, 1958; ing the hearing on the petition or plan. 11645; charges, classifications, regula 8:45 a. m.] A copy of such comments or statement tions and practices for andjn connection with private line services "and channels; 1 The Supplementary Report of the Presi The Western Union Telegraph Company, dent’s Special Committee provides that “This Docket No. 11646; charges, classifications, Office of the Secretary report authorizes allocations for certain listed companies. Other applications, except for regulations and practices for and in con nection with Domestic Leased Facility Voluntary Oil I mport Program District V, either for a new allocation or for a revision of a presently approved allocation Service; American Telephone and Tele 1. The Voluntary Oil Import Programwill be deferred by the Administrator until graph Company, et al., Docket No. 12194; was established with respect to Districts September 1, 1958.’* charges, classifications, regulations and Friday, April 25, 1958 FEDERAL REGISTER 2773 practices for and in connection with Orange County, filed on November 18, by Radio Orange County and Anaheim- Channels for Data Transmission. 1957; (8) opposition of Anaheim-Fuller- Fullerton Broadcasting Co., would better At a session of the Federal Communi ton Broadcasting Co., Inc., filed on No serve the public interest. cations Commission held at its offices in vember 19, 1957; (9) petition to enlarge 5. The Radio Orange petition for re Washington, D. C., on the 16th day of issues, filed by Anaheim-Fullerton consideration. Petitioner states that the April 1958; Broadcasting Co., Inc., on November 8, October 16, 1957, order of designation The Commission having under consid 1958; (10) opposition of Charles R. (a) omitted certain issues included in eration the record of the proceedings in Bramlett, filed on November 18, 1957; the April 10, 1957, order, including an Docket No. 12194 and its orders issued (11) reply (opposition) of Latin-Amer issue to determine whether the existing therein; and also having under consid ican Broadcasting Corporation, filed on and proposed 2 mv/m contour of Station eration the proceeding in Docket No. November 18,1957; (12) comment (oppo KCBQ would overlap the proposed 25 11645; and sition) of Radio Orange County, filed on mv/m contour of the proposal of Charles It appearing that in the light of sub November 18, 1957; (13) reply of Ana Bramlett, and (b) denied a request sequent developments in connection with heim-Fullerton, filed on December 2, for an issue as to whether an unreasona Docket No. 12194, the issues to be re 1957.1 ble burden would result to Anaheim- solved therein will be substantially the 2. Background. Originally this pro Fullerton Broadcasting Co., Inc., from same as certain of the issues to be re ceeding involved the applications of Rob being licensed to operate in one city only. solved in Docket No. 11645, and that ert Burdette, Charles R. Bramlett, A. A. Petitioner requests reconsideration of much of the evidence to be adduced on Crawford, and Latin-American Broad the failure to include the overlap issue such issues will be duplicative; and casting Corporation for construction and failure to add the unreasonable It further appearing that considera permits for a Class II standard broadcast burden issue. tion of the proceedings in Docket No. facility on 1190 kilocycles in Southern 6. The overlap issue. Radio Orange 12194 with the proceedings in Docket California, and the application of KCBQ, contends that the issue relating to over No. 11645 will best conduce to the proper Inc., for a construction permit to improve lap of the 2 mv/m contour of KCBQ dispatch of business and to the ends of the facilities of Station KCBQ (1170 with the 25 mv/m contour of Bramlett’s justice; kilocycles), San Diego, California. By proposed operation should not be de It is ordered, That, on the Commis order released April 10, 1957, the Com leted and states that it is prepared to sion’s own motion and in compliance mission designated all of the foregoing offer positive proof that such overlap with the provisions of § 1.106 of its rules applications for a consolidated hearing. would occur/ Petitioner’s supporting and regulations, the proceeding herein is Within ten days thereafter, pursuant to engineering exhibit contains field inten consolidated with the proceedings in provisions of the then applicable § 1.724 sity measurements made on a radial Dockets Nos. 11645 and 11646. (b) of the rules, Radio Orange County, from KCBQ, and at distances from 95 It is further ordered, That Examiner Inc., and Anaheim-Fullerton Broadcast to 117 miles from that station. These H. Gifford Irion is hereby relieved from ing Co., Inc., tendered applications which show the measured KCBQ field in the vi further responsibility in connection with were accepted for filing by the Commis cinity of Bramlett’s proposed operation Docket No. 12194. sion. as being 2 mv/m. Adverting to the fact 3. Subsequently, the Crawford appli that measurement data previously sub Released: April 22,1958. cation was dismissed with prejudice by mitted cm behalf of KCBQ purported to F ederal Communications the Examiner, and KCBQ was granted show that no 2 mv/m and 25 mv/m con Commission, permission to amend its application to tour overlap would be expected to exist [seal] Mary J ane Morris, sever same from this proceeding. After between the existing operation of KCBQ Secretary. hearing in Docket 11980, a grant has been and the operation which Bramlett pro [F. R. Doc. 58-3087; Filed, Apr. 24, 1958; made to KCBQ. By order adopted Octo poses, petitioner states that the addi 8:47 a. m.} ber 16, 1957, released October 21, 1957, tional field strength-measurement data and published in the F ederal R egister are being submitted to show that the of October 24, 1957, the Commission previous measurements were not made found that Radio Orange County, Inc., in sufficiently fine detail to allow a con [Docket No. 11978 etc.; FCC 58-354] and Anaheim-Fullerton Broadcasting clusion that no such overlap would exist. Co., Inc., are legally, technically, and Petitioner states that (apparently be Charles R. B ramlett et al. otherwise qualified, and designated their cause of the planned change in site loca MEMORANDUM OPINION AND ORDER applications for consolidated hearing tion) measurements of KCBQ’s existing AMENDING ISSUES with those of the other applicants re operation cannot be used to assure the maining in the proceeding. By order of Commission that simultaneous operation In re applications of Charles R. Bram November 27, 1957, the Hearing Exam of the proposed Bramlett station and the lett, Torrance, California, Docket No. iner dismissed the Burdette application proposed KCBQ facility would not also 11978, File No. BP-9833; Latin-American without prejudice. violate § 3.37. Broadcasting Corporation, Monterey 4. The pertinent hearing issues seek to 7. Radio Orange requests reconsidera Park, California, Docket No. 11981, File determine the areas and population tion and addition of the following issue: No. BP-10811; Radio Orange County, which would receive primary service “To determine whether the 2 mv/m con Inc., Anaheim, California, Docket No. from each of the proposed operations tour of the proposed Bramlett operation 12218, File No. BP-11236, Anaheim- and the availability of other primary would overlap the 25 mv/m contour of Fullerton Broadcasting- Co., Inc., Ana- service to such areas and populations; the existing or proposed operation of heim-Fullerton, California, Docket No. whether the Bramlett proposal would Station KCBQ, in contravention of the 12219, File No. BP-11242; for construc provisions of § 3.37 of the Commission’s tion permits. cause interference to Station KEX, Port land, Oregon, and, if so, the areas and rules and regulations.” 1- The Commission has under consid eration the following pleadings: (1) Pe populations affected; whether Bramlett’s Note: The issue as framed Is inconsistent proposed transmitter site would be satis with Radio Orange’s contention that the 25 tition for reconsideration of the Com factory; whether Bramlett’s proposed m v/m contour of Bramlett’s proposed station mission’s October 21,1957 order of desig antenna system would be a hazard to air will overlap the 2 mv/m contour of Station nation, and for enlargement of issues, KCBQ. “led by Radio Orange County on Novem navigation; to determine in the light of ber 8,1957; (2) opposition of Charles R. section 307 (b) of the Communications 8. Bramlett opposes the requested en Bramlett, filed on November 18, 1957; Act which of the cities of Torrance, largement, contending that because the i3) reply (opposition) of Latin-American Monterey Park, and Anaheim-Fullerton, Broadcasting Corporation, filed on No California has the greatest need for a «Section 3.37 of the rules, among other vember 18, 1957; (4) opposition of Ana- new radio facility; and, in the event that things, provides that a license will not he granted for a station on a frequency plus or neim-Fullerton Broadcasting Company, Anaheim-Fullerton has * the greatest minus 20 kilocycles from the frequency of ffic fiied on November 19,1957; (6) two need, which of the operations proposed another station if the area enclosed by the Petitions to enlarge the issues, filed by 25 mv/m groundwave contour of either one ynaries r . Bramlett on November 8,1957; 1 The Broadcast Bureau has filed no plead overlaps the area enclosed by the 2 m v/m comment (opposition) of Radio ing respecting these matters. groundwave contour of the other. 2774 NOTICES Commission, by order of October 30, the 25 mv/m contour of the proposed there would be no burden upon Anaheim- 1957, authorized KCBQ to change its Bramlett operation would overlap the Fullerton, Bramlett cites the fact that transmitter site and operating pattern, 2 mv/m contour of the existing operation Radio Orange County has applied for it is immaterial whether or not there of Station KCBQ in contravention of the authorization toestablish a new station would be a 25 and 2 mv/m overlap with provisions of § 3.37 of the Commission’s at Anaheim alone and has estimated its KCBQ’s existing operation, and that rules and regulations.” first year’s revenue at $219,000, and that Radio Orange has submitted no legally 12. The Dual City operation issue. the Commission’s files show that there acceptable showing that there will be The Commission’s October 16,1957, order are hundreds of communities smaller overlap between his proposed operation of designation approved the proposal of than Anaheim that are supporting ra and that of KCBQ. Bramlett’s support Anaheim-Fullerton Broadcasting Co., dio stations which do not serve audiences ing engineering statement states that Inc., to establish a dual city operation as large as that which would be served the Radio Orange measurements are which would serve both Anaheim and by Anaheim-Fullerton’s proposal. scanty and of no value in attempting Fullerton, California, and to establish 15. Adverting to the Commission’s ac to prove overlap of the KCBQ 2 mv/m main studios in each of those cities. tion of October 16,1957, which is reported contour with Bramlett’s 25 mv/m con 13. Stating that § 3.30 of the Com in paragraph 12 above, Anaheim-Fuller tour. Referring to “rather complete” mission’s rules4 provides that a station ton asserts in response that it has made measurements which Station KCBQ has can be licensed to serve more than one the required showing; that the Commis previously submitted, Bramlett’s consult city, town, or political subdivision only sion’s approval of its proposal for. dual ing engineer states that these indicate when it can be shown that an “unrea city operation is sound and follows Com little, if any, overlap of the existing sonable burden” would be placed on the mission precedent; and that neither Ra KCBQ 2 mv/m contour with Bramlett’s applicant if it were required to originate dio Orange County nor Bramlett have 25 mv/m contour, and that when KCBQ a majority of its programs from one submitted evidence to rebut that show moves to its new site its 2 mv/m contour community, both Radio Orange County ing. will be located, a farther distance from and Charles R. Bramlett (whose peti 16. Section 3.30 of our rules recognizes Bramlett’s proposed site. tion to enlarge issues in this respect is that because “* * * certain stations lo 9. Latin-American Broadcasting Cor considered here) contend that Ana cated in rural areas or in very small poration submits that there should be an heim-Fullerton Broadcasting Co., Inc., towns or cities may not have a sufficient issue limited to consideration of the over has failed to make any showing in base of operations to support them prop lap resulting from the existing KCBQ support of its request for dual city erly from an economic or program point operation. identification. of view * * *” it would be appropriate 10. In its reply to the above pleadings 14. Petitioners state that the Commis to provide that, where a proper showing Radio Orange states that Bramlett has sion’s report and order adopting the dual is made and subject to compliance with \practically conceded that the measure city operation provision of the rules Commission requirements as to coverage, ments taken and submitted by Radio (FCC 50-1441, adopted December 14, such stations may receive a license to Orange definitely establish that there 1950, effective January 18, 1951; 15 F. R. serve more than one city, town or politi would be an overlap of the 25 mv/m con 8992; 1 Pike & Fischer RR 91:465) indi cal subdivision. In view of the clear in tour of the proposed Bramlett station and cates that stations are to be licensed to tention of this rule (as expressed both the existing 2 mv/m contour of KCBQ; serve more than one community only in the report and order adopting the rule, that this overlap, which would constitute when none of the communities involved and in the rule itself) that an authoriza a direct violation of § 3.37 of the rules, could provide a sufficient base of eco tion for dual city operation is contingent would bar a grant of the Bramlett appli nomic or program support for a radio upon a proper showing that an unreason cation; and that as long as KCBQ con station; that § 3.30 (b) of the rules con able burden would be placed on a sta tinues its existing mode of operation such templates that a grant of authority to tion if it were licensed to serve only one overlap is germane and must be con serve two cities will not be made unless community, and the allegations of Radio sidered herein. Radio Orange asserts the applicant makes a special factual Orange County and CharleS R. Bramlett that this overlap may not be ignored on showing justifying such unusual action; as to the adequacy of the showing made the grounds that KCBQ has been and that either Anaheim or Fullerton is in this respect by Anaheim-Fullerton authorized to move its site—that no able to support a station of its own. Broadcasting Co., Inc., we consider it ap license has been issued for operation at Contending that the Commission is in propriate to reconsider the pertinent the new site, and operation from the possession of facts which show that portion of our October 16, 1957 order existing site may continue for some time. of designation and to enlarge the issues Secondly, Radio Orange states that its its existing site and commences operation herein to provide for a determination as measurements raise a question of over at the new site specified in and in the man to whether an unreasonable burden lap of Bramlett’s 25 mv/m contour and ner authorized by its existing construction would be placed on Anaheim-Fullerton the proposed KCBQ 2 mv/m contour permit Pile No. BP-10729. Broadcasting Co., Inc., if it were to be which can be resolved only by the addi ‘ Section 3.30 (b) provides as follows: (b) licensed to serve one city only. There Stations will be licensed to serve more than fore, the issues herein will’be enlarged tion of an appropriate issue herein. one.city, town, or other political subdivi 11. Subsequent to a review of the sion only where a satisfactory showing is by the addition of the following issue: pertinent data, the Commission is of the made that each such place meets all the re “To determine whether an unreasonable opinion that it is appropriate to enlarge quirements of the rules and regulations of burden, within the meaning of § 3.30 of the issues herein to include an issue to this subpart with respect to the location of the Commission’s rules, would be placed main studios, that the station can and will on the station proposed by Anaheim- determine whether the 25 mv/m contour originate a substantial number of local live of the proposed Bramlett operation Fullerton Broadcasting Co., Inc., if it programs from each such place; and that were to be licensed to serve one city only.” would overlap the 2 mv/m contour of the the requirements as to origination of pro 17. Petitions to enlarge issues; re existing operation of Station KCBQ, but grams contained in paragraph (a) of this quested multiple ownership and duopoly that Radio Orange has not submitted section would place an unreasonable bur den on the station if it were licensed to serve issue. Noting that 65 percent of the sufficient factual data to indicate the only one city, town, or other political sub stock in Anaheim-Fullerton Broadcast possibility of overlap between Bramlett’s division. A station licensed to serve more ing Co., Inc., is owned by that corpora proposed 25 mv/m contour and the 2 than one place shall be considered to be tion’s president, Sherrill C. Corwin, Radio mv/m contour of KCBQ’s proposed oper located in and shall maintain studios in each such place. With respect to such sta Orange states that the multiplicity of ation. We are, therefore, adding the fol tion the requirements as to origination of Corwin’s other broadcast interests, and lowing issue; * “To determine whether programs contained in paragraph (a) of this the geographical distribution thereof, re section shall be satisfied by the origination “This issue may be rendered moot if at of programs from other studios and remote quire the inclusion of an issue to deter any time during the pendency of tbe pro points situated in any or all of the places mine (a) whether a grant of the ceeding KCBQ discontinues operation from in which, the main studios are located. Anaheim-Fullerton application would be Friday, April 25, 1958 FEDERAL REGISTER 2775 contrary to the provisions of § 3.358 of 19. Opposing the requested enlarge 22. Anaheim-Fullerton’s opposition the Commission’s rules, and (b) which ment, Anaheim-Fullerton contends that asserts that a sufficient showing has not of the applications herein would best there is no overlap problem under § 3\35 been made to distrub the Commission’s serve the objectives of § 3.35. (a) of the rules. After citing numerous finding of its financial qualifications; 18. Petitioner contends that the Anareasons in support of its contention that that its balance sheet sets forth unlisted heim-Fullerton application presents a § 3.35 (a) cannot be invoked in this case, stocks, bonds and other investments in serious question in connection with § 3.35 Anaheim-Fullerton concludes by stating excess of a million dollars; and that there (a) of the rules, which prohibits cross that if the Commission should determine is a legally binding commitment by interest in two or more standard broad that § 3.35 (a) does have application, the Corwin to supply funds which could be cast stations that serve substantially the situation can be corrected by the Com enforced as a prior commitment against same area, in that over half of the area mission providing that if a grant is made any of his funds; which are ample. within Anaheim-Fullerton’s proposed to Anaheim-Fullerton it be conditioned 23. After considering all the pleadings, 0.5 mv/m normally protected contour upon Mr. Corwin’s resigning as an officer and the material therein which bears on would be encompassed within the 0.5 and director of Imperial Broadcasting this requested issue, the Commission is mv/m contour of Station KPRO, and System (licensee of Stations KROP, of the opinion that the requested finan that 20 percent of the area within KYOR, KREO, and KPRO). Concern cial issue is not justified at this time— KPRO’s 2 mv/m contour would be en ing concentration of control and the that, in the circumstances here present, compassed within Anaheim-Fullerton’s provisions of § 3.35 (b) of the rules, if a financial question should arise it proposed 2 mv/m contour. Concerning Anaheim-Fullerton states that because would be in connection with the con concentration of control and the prohi the above-mentioned “dangerous con sideration of other Corwin applications bitions against/ such concentration con centration” consists of applications for which are on file. tained in § 3.35 (b) of the rules, Radio UHF TV and for FM authorizations, a 24. Determination of which commu Orange County asserts that Mr. Corwin minority interest in one operating tele nity Latin-American and Bramlett will has an extensive broadcast empire—that vision station, and minority interests in serve. Radio Orange requests the addi he is the sole owner of Station KBAY- AM stations operating 'mainly in very tion of an issue to determine the com TV, San Francisco; a director and small cities, there is no concentration of munities which Latin-American and principal stockholder of Stations KAKE, control in a manner inconsistent with Bramlett will serve, contending among KAKE-FM, and KAKE-TV, Wichita, public interest. other things, that in view of the prox Kansas; a director and leading stock 20. After considering the pertinent imity of the locations proposed by Latin- holder of Stations KPRO, Riverside, pleadings, the Commission is of the American Broadcasting Corp., at Mon KROP, Blythe, KYOR, Brawley, and opinion that Radio Orange County has terey Park, California, and Charles R. KREO, Indio, all in California; and, as made a reasonable showing that justi Bramlett, at Torrance, California, to the an individual, has submitted applications fies enlargement of the issue to the extent city of Los Angeles, and the fact that to the Commission for new television sta that inquiry into the question of com these applicants would provide service to tions in .Los Angeles and San Diego, and pliance with the duopoly provisions of portions of that city, consideration must for new FM stations at San Diego and § 3.35 (a) of the rules is involved. In be given to the question of which com San Francisco.8 this proceeding, evidence as to concen munities each applicant proposes to Petitioner asserts that it must not only tration of control can be developed serve. be entitled to show that Anaheim-Fuller- under the existing comparative issue 25. Latin-American and Bramlett op ton is disqualified by reason of the (issue No. 12 below). An explicit issue pose this requested enlargement, as dangerous concentration of economic as to which applicant would best serve serting that they propose to establish power and control over those media the objectives of § 3.35 is unneces stations in independent communities of which would result from a grant of the sary, since such a determination is im substantial size. Bramlett supports his Anaheim-Fullerton proposal, but that plicit in the determination required by opposition with an engineering statement the same considerations require that pe the final issue. The Commission is not which depicts the extent of the coverage titioner’s application be preferred on a persuaded that any weight should be which his proposal would render to the comparative basis. given to Anaheim-Fullerton’s proposal city of Los Angeles. as to the possibility of a conditional grant 26. The Commission is of the opinion 5 Section 3.35 provides in pertinent part as since, among other things, Mr. Corwin that this requested issue is not necessary, follows: would continue as a stockholder since a determination as to the commu No license for a standard broadcast station (10x%6 percent) in Imperial Broadcast nities to be served by the applicants is shall be granted to any party (including all implicit in the existing issues. parties under common control) if: ing System. Therefore, the issues will (a) Such party directly or indirectly owns, be enlarged to include the following new 27. Petitions to modify the 307 (b) operates, or controls another standard broad issue: “To determine the overlap that will issue. Radio Orange County, as a part cast station, a substantial portion of whose exist between the service-areas of the of its above denied request to determine primary service area would receive primary station proposed by Anaheim-Fullerton the communities which Latin-American service from the station in question, except Broadcasting Co., Inc., and of Station and Bramlett would serve, requests a upon a showing that public interest, conven KPRO, Riverside, California, the nature change in the wording of existing Issue ience and necessity will be served through and extent thereof, and whether such No. 6, the 307 (b) issue. This request such multiple ownership situation; or (b) Such party, or any stockholder, offi overlap is in contravention of the pro and the petitions of Charles R. Bramlett cer or director of such party, directly or visions of § 3.35 (a) of the Commission’s and Anaheim-Fullerton Broadcasting indirectly owns, operates, controls, or has rules.” Co., Inc., for changes in this issue will any interest in, or is an officer or director 21. Financial qualifications of Ana be considered below. of any other standard broadcast station if heim-Fullerton. Noting that the funds 28. The existing 307 (b) issue requires the grant of such license would result in a needed for the construction and initial a determination, in the light of section concentration of control of standard broad operation of the Anaheim-Fullerton pro 307 (b) of the Communications Act of casting in a manner inconsistent with public 1934, as amended, as to which of the interest, convenience or necessity. In deter posal are to be supplied to the applicant mining whether there is such a concentration in the form of loans by its president and cities of San Fernando, Torrance, Mon of control, consideration will be given to the 65 percent stockholder, Sherrill C. terey Park, and Anaheim-Fullerton, Cali facts of each case with particular reference Corwin, Radio Orange County totals fornia, has the greater need for a new to such factors as the size, extent and loca construction costs to which Mr. Corwin radio facility. In addition, the Commis tion of areas served, the number of people is committed for his various pending sion’s order of designation states that served, classes of stations involved and the applications and, after comparing this the proposals of Radio Orange County extent of other competitive service to the area in question. total with Corwin’s balance sheet, con and Anaheim-Fullerton Broadcasting 8 Commission records show that 'the fol tends that an issue must be included to Co., will provide a substantial duplica lowing above-listed Corwin applications were determine whether Mr. Corwin, and tion of service to identical areas such as granted on the dates shown: San Francisco hence Anaheim-Fullerton Broadcasting to preclude further consideration of the Jan. 8,1958; San Diego FM, Nov. 13, 1957. Dec. 23, 1957 Corwin filed an application Co., is financially qualified to carry out provisions of section 307 (b) of the act °r a n e w FM station at Santa Barbara, the commitments made in its applica relative to their respective station California. tion to construct the proposed station. locations. No. 82— 2 „ 2776 NOTICES 29. Radio Orange County, as here per herein, either that Anaheim and Fullerton, proposal that it had made to the Com California, or that Anaheim or Fullerton, mission by letter, and which was denied tinent, would reword the 307 (b) issue to California, are considered to have the greater require that a 307 (b) determination be by the Commission in its October 16, need for a new radio station, which of the 1957, order of designation, and that no made between the communities that operations proposed by Radio Orange County, Latin-American and Bramlett would Inc., and Anaheim-Fullerton Broadcasting new reasons have been given which jus serve and the communities to be served Co., would better serve the public interest, tify the addition of the requested issues. by the proposals of Radio Orange County convenience, and necessity in the light of the In addition, Bramlett states that the di and Anaheim-Fullerton. However, in its evidence adduced under the issues herein rectional pattern submitted by Anaheim- opposition to the 307 (b) issue proposed and the record made with respect to the Fullerton assumes an effective field more by Anaheim-Fullerton below, Radio significant differences between the said two that 13 percent higher than that speci applicants as to: fied for Class I stations in the U. S.- Orange County states that the inclusion (a) The background and experience of of a 307 (b) issue as between the Radio each having a bearing on its ability to own Mexican agreement, and that had Ana Orange County and Anaheim-Fullerton and operate the proposed standard broad heim-Fullerton assumed the normally proposals is not warranted and that this cast station. used field for 50 kilowatt operation of a fact was recognized by the Commission (b) The proposals of each with respect Mexican Class I-B station, Bramlett’s in the designation order. Bramlett con to the management and operation of the proposed operation would protect the tends that the existing 307 (b) issue is proposed station. Mexican operation. Radio Orange (c) The programming service proposed in County reiterates its previously presented indefinite and may be subject to miscon each of the said applications. struction in that it reads in terms of position that its proposed operation pro “cities” and then refers to “Anaheim- 31. Requested issue as to compliance tects the existing Guadalajara opera Fullerton” as if it were one city, but that with NARBA and the U. S.-Mexican tion; that Mexico has submitted no 50 these cities are separate political entities agreement. Anaheim-Fullerton Broad kilowatt proposal for the Guadalajara and should be treated as such in the 307 casting Co., petitions to add-two issues station; but that, if such a proposal is (b) determination; then the fact that to determine whether the applications of notified, the Radio Orange County pro an applicant proposes to have main Charles R. Bramlett and Radio Orange posal can be modified to eliminate such studios in each of two cities in no way County comply with the requirements of interference. Latin-American Broad changes the status of those two cities as §§ 1.352 (b) and 3.28 (b) of the Commis casting Corporation asserts that, since separate communities under section 307 sion’s rules, and are consistent with the there is some doubt as to whether the (b). Bramlett would reword the 307 (b) provisions of the North American Re proposals of Radio Orange County and issue to require a determination as to gional Broadcasting Agreement or the Charles R. Bramlett would involve objec Which of the proposals by Bramlett, U. S.-Mexican agreement which pertain tionable interference to possible opera Latin-American, Radio Orange County, to the establishment of a Mexican pri tion of the Guadalajara station, the sub- and Anaheim-Fullerton would best pro ority for a station to operate on 1190 ject must be considered in the hearing. vide a fair, efficient and equitable kilocycles, utilizing either 10 kilowatts 34. In view of the facts, inter alia, distribution of radio service. Anaheim- of power with a nondirectional antenna, that at night all of the proposals herein Fullerton contends that, under its exist or 50 kilowatts of power with a direc would place a sky wave signal'of 0.025 ing wording, Issue No. 6 is inadequate tional antenna. mv/m 10 percent of the time within the because no 307 (b) considerations are 32. In support of the above request, boundaries of Mexico, no directional pat included as between Radio Orange petitioner adverts to the provisions of tern has been submitted by Mexico for County and Anaheim-Fullerton Broad § 3.152 (b) of the Commission’s rules the said 50 kilowatt operation of the casting Co.; that under the issue as now which provide that when an application station at Guadalajara, Jalisco, and stated both applicants are afforded equal which would be inconsistent with there is lack of agreement as to what consideration so far as 307 (b) con NARBA or the U. S.-Mexican agreement constitutes a reasonable pattern for that siderations are concerned—^despite the is designated for hearing in consolida operation, the Commission is of the opin fact that Radio Orange County proposes tion with applications which would not ion that it is appropriate to enlarge the only an auxiliary studio in Fullerton, be inconsistent with those agreements issues herein to provide for a determina whereas Anaheim-Fullerton proposes the question of consistency with NARBA tion as to (a) the possibility of interfer main studios in both Anaheim and Ful and the U. S.-Mexican agreement shall ence from any of the operations proposed lerton. Anaheim-Fullerton would re be a matter of issue in the hearing. Pe herein to the said Mexican operation word the 307 (b) issue to require a titioner asserts that the U. S.-Mexican at Guadalajara, Jalisco, and (b) to de determination as to which of the single agreement and the Commission’s letter termine whether the operations proposed cities of Torrance, Monterey Park, Ana of intent of January 29, 1957, establish herein are consistent with our commit heim, and the dual cities of Anaheim- that the United States is committed to ments and the priority assigned to the Fullerton has a greater need for a new afford protection to the operation of the said Guadalajara operation under the radio facility. above Mexican station at Guadalajara, U. S.-Mexican agreement. Therefore, 30. Consequent to considerationx»f the and that, although no directional pattern the issues will be enlarged to include the pleadings of petitioners and of our above has been submitted for said 50 kilowatt following: decision to add an issue concerning the operation, the protection requirements To determine whether the operations pro dual city operation which Anaheim- for that operation, which are set out in a posed herein would cause interference to Fullerton Broadcasting Co. proposes, the footnote to Annex V of the U. S.-Mexi Station XEWK, Guadalajara, Jalisco, Mex Commission believes that, in the circum can agreement, provide the basis for the. ico. stances here present, it is appropriate establishment of a directional pattern. To determine whether the operations pro posed herein are consistent with the United to amend the existing 307 (b) and 309 Petitioner further asserts that its eon- States commitments and the priority as (b) issues (respectively, existing Issues 6 suiting engineer has determined a direc signed to Mexico for operation on 1190 kilo and 7) to read as follows:7 tional antenna pattern for the Guadala cycles under the bilatéral agreement between To determine in the light of section 307 (b) jara station which indicates that the the United States and Mexico, dated January of the Communications Act of 1934, as proposals of Latin-American Broadcast 29,1957. amended, which of the operations proposed ing Corp., and Anaheim-Fullerton in the above-captioned applications would Broadcasting Co., Inc., afford protection 35. Requested issue as to site availabil better provide a fair, efficient and equitable to the 50 kilowatt operation of said sta ity. Anaheim-Fullerton Broadcasting distribution of radio service. tion whereas the proposals of Charles R. Co. petitions the Commission to add an To determine on a comparative basis, in Bramlett and Radio Orange County, Inc., issue to determine which of the appn* the event that pursuant to the foregoing do not provide such protection. Peti cants have reasonable assurance of tn issue and considering the determination as to tioner submits that these are material availability of the transmitter sites speci dual city operation made under Issue No. 6 differences which the Commission must fied in their applications. Briefly, Ana consider, and upon which petitioner is heim-Fullerton contends that: 7 This modification also has the effect of entitled to have comparative considera (a) The transmitter site of Bad?? nullifying the finding made in the first com tion. Orange County is unavailable to it w plete paragraph appearing on page 3 of the reason of an outstanding easement oi in October 21, 1957 order of designation (FCC 33. Bramlett’s opposition states that 57-1144). Anaheim-Fullerton presents the same Anaheim-Union Water Company Q * Friday, April 25, 1958 FEDERAL REGISTER ¿iii tained in eminent domain proceedings, objectionable interference with Station (b) The proposals of each with re and oil and gas leases thereon. KEX, Portland, Oregon, and, if so, the spect to the management and operation (b) The nature of the title and use ofnature and extent thereof, the areas and of the proposed station. Bramlett’s site is such as to raise the populations affected thereby, and the (c) The programming service pro presumption it is unavailable to him for availability of other primary service to posed in each of the said applications. an antenna site. such areas and populations. 13. To determine in the light of tfie (e) Latin-American, having modified 3. To determine whether the trans evidence adduced pursuant to the fore its location from that arranged with the mitter site proposed by Charles R. going issues, which of the applications city of Alhambra, does not have the site Bramlett would be satisfactory. herein should be granted. specified available to it. 4. To determihe whether the antenna Released: April 22, 1958. Bramlett objects to the inclusion of the system proposed by Charles R. Bramlett requested issue. Radio Orange, which would be a hazard to air navigation. F e d e r a l C ommunications questions the availability of Anaheim- 5. To determine whether the 25 mv/pi C o m m i s s i o n , contour of the proposed Bramlett opera [ s e a l ] M a r y J a n e M o r r is , Fullerton’s proposed site, does not object Secretary. to the inclusion o f’the requested issue tion would overlap the 2 mv/çn contour provided that it be made equally appli of the existing operation of Station [F. R. Doc. 58-3088; Filed, Apr. 24, 1958; cable to all applicants. KCBQ in contravention of the provi 8:47 a. m.] 36. In the circumstances of this case,sions of § 3.37 of the Commission’s rules including the treaty and interference and regulations. considerations present therein, t h e 6. To determine whether an unrea pleadings of Anaheim-Fullerton and sonable burden, within the meaning of [Docket No. 12031; FCC 58-362] § 3.30 of the Commission’s rules, would Radio Orange County raise sufficient B i r c h B a y B roadcasting Co. questions as to the availability of the be placed on the station proposed by transmitter sites proposed by the appli Anaheim-Fullerton Broadcasting Co., ORDER DESIGNATING APPLICATION FOR cants to require the inclusion of an issue Inc., if it were to be licensed to serve HEARING ON STATED ISSUES to determine the availability of those one city only. In re application of George A. Wilson sites. Therefore, the issues herein will 7. To determine the overlap that will & L. N. Ostrander d/b as Birch Bay be enlarged by the addition of the fol exist between the service areas of the Broadcasting Company, Blaine, Wash lowing issue: “To determine which of station proposed by Anaheim-Fullerton ington, Docket No. 12031, File No. BP- the applications herein have reasonable Broadcasting Co., Inc., and of Station 10848; for construction permit. assurance of the availability of the KPRO, Riverside, California, the nature At a session of the Federal Communi transmitter sites specified in their appli and extent thereof, and whether such cations Commission held at its offices in cations.” overlap is in contravention of the pro Washington, D. C., on the 16th day of Accordingly, it is ordered, This 16th visions of § 3.35 (a) of the Commission’s April 1958; day of April 1958, that the petition of rules and regulations. The Commission having under consid Radio Orange County for reconsidera 8. To determine whether the opera eration the above-captioned application tion and enlargement of issues is granted tions proposed herein would cause inter of George A. Wilson & L. N. Ostrander to the extent indicated in paragraphs ference to Station XEWK, Guadalajara, d/b as Birch Bay Broadcasting Company 11, 16, 20, and 30 above, and denied to Jalisco, Mexico. for a construction permit for a new the extent indicated in paragraphs 11, 9. To determine whether the opera standard broadcast station to operate on 20, 23, and 26 above; the petitions of tions proposed herein are consistent with 550 kilocycles with a power of 500 watts, Charles R. Bramlett for enlargement of the United States commitments and the daytime only, at Blaine, Washington; the issues are granted to the extent in priority assigned to Mexico for operation It appearing that except as indicated dicated in paragraphs 16 and 30 above; on 1190 kilocycles under the bilateral by the issues specified below, the appli and the petition of Anaheim-Fullerton agreement between the United "States cant is legally, technically, financially Broadcasting Co., Inc., to enlarge issues and Mexico, dated January 29,1957. and otherwise qualified to operate the is granted to the extent indicated in 10. To determine which of the., appli station as proposed, but that the pro paragraphs 30,33, and 36 above. cants herein have reasonable assurance posed operation would cause interference It is further ordered, That, consequent of the availability of the transmitter ' to Station KVI, Seattle, Washington (570 to our actions on the pleadings consid sites specified in their applications. kc, 5 kw, U ); and ered herein, issues Nos. 6 and 7 in our 11. To determine ip the light of sec It further appearing that pursuant to October 16, 1957, order of designation tion 307 (b) of the Communications Act section 309 (b) of the Communications (FCC 57-1144) are modified as indicated of 1934, as amended, which of the oper Act of 1934, as amended, the instant below ; and ations proposed in the above-captioned applicant was advised by letter dated It is further ordered, That, to reflect applications would better provide a fair, March 3, 1958, of the aforementioned the changes resulting from the order of efficient and equitable distribution of ra interference and that the Commission December 5, 1957 (FCC 57M-1226) dio service. was unable to conclude that a grant of whereby the Hearing Examiner dis 12. To determine on a comparative the application would be in the public missed the application of Robert Bur basis in the event that pursuant to the interest, and dette, issue No. 4 in our October 16, 1957 foregoing issue and considering the de It further appearing that in a reply order of designation, (FCC 57-1144) is termination as to dual city operation filed April 2,1958, the applicant contends deleted, and issues Nos. 3 and 5 therein made under issue No. 6 herein, either that the portion of the KVI service area are modified by the deletion of the name that Anaheim and Fullerton, California, which would be affected by the proposed Robert Burdette; and or that Anaheim or Fullerton, California, operation is an area of approximately 6 It is further ordered, That existing is are considered to have the greater need square miles in which no more than 100 sue No. 5, as modified is renumbered for a new radio station, which of the op persons reside; that KVI claims a total issue No. 4; that existing issues Nos. 6 erations proposed by Radio Orange population of 1,403,393 within its primary and 7, as modified, are renumbered issues County, Inc., and Anaheim-Fullerton service area; that, therefore, the num Nos. li and 12; that existing issue No. Broadcasting Co., Inc., would better ber and percentage of people which 8 is renumbered issue No. 13; and that serve the public interest, convenience, would be affected is “manifestly infini the issues in the above entitled proceed and necessity in the light of the evidence tesimal”; that considering the small area ing are amended to read as follows: adduced under the issues herein and the in which interference would occur and 1. To determine the areas and popula record made with respect to the signifi the fact that Blaine, Washington, has no tions which would receive primary serv local radio service, the application should cant differences between the said two be granted without the necessity of a ice from each of the proposals herein, applicants as to: hearing, and that § 1.361 of the Commis and the availability of other primary (a) The background and experience sion’s rules contemplates such a grant, service to such areas and populations. of each having a bearing on its ability and 2. To determine whether the proposal to own and operate the proposed stand It further appearing that byr letter y Charles R. Bramlett would involve ard broadcast station. — dated January 13, 1958, the Puget Sound 2778 NOTICES Broadcasting Company, Inc., licensee of prehearing conference held herein on mentioned applications would result in Station KVI, requested that the appli April 18, 1958; mutually destructive interference; that cation be designated for hearing; and It is ordered, This 18th day of April the application of the Virginia Beach It further appearing that the Puget 1958, that the request for a hearing date Broadcasting Corporation was timely Sound Broadcasting Company, Inc., is is granted; and a further prehearing filed to be entitled to consolidation with entitled to an opportunity at a hearing conference and hearing herein are sched the other two applications pursuant to to show why the application should not uled for June 2 and June 16, 1958, re § 1.724 (b) of the Commission’s rules be granted, Federal Communications spectively, at 10:00 a. m. then in effect; that the proposed opera tions of the South Norfolk Broadcasting Commission v. National Broadcasting Released: April 21, 1958. Company, Inc. (KOA) et al, 319 U. S. Company, Incorporated, and the Denbigh 239; and F ederal Communications Broadcasting Co. would receive slight It further appearing that the Commis Commission, interference from the operation proposed sion, after consideration of the foregoing, [seal] Mary J ane M orris, in the application of WTOW, Inc., File is of the opinion that a hearing on the Secretary. No. BP-11634, filed on October 11, 1957, for a construction permit to increase the application is necessary. [F. R. Doc. 58-3090; Filed, Apr. 24, 1958; It is ordered, That, pursuant to section 8:48 a. m.J power of Station WTOW, Towson, Mary 309 (b) of the Communications Act of land (1570 kc, 1 kw, Day) to 5 kilowatts 1934, as amended, the said application with directional antenna and that the is designated for hearing, at a time and proposal of the South Norfolk Broad place to be specified in a subsequent or [Docket Nos. 12201 etc.; FCC 58-359] casting Company, Incorporated, may der, upon the following issues: cause slight interference to the WTOW 1. To determine the areas and popu S outh N orfolk B roadcasting Co., I nc., proposal; tha$ the WTOW application, lations which would receive primary et AL. requesting authority to operate with a service from the proposed operation and power of 5 kilowatts on 1570 kilocycles, ORDER designating applications for con a Mexican Clear Channel, is being held the availability of other primary service solidated hearing on stated issues to such areas and populations. without action pursuant to Commission 2. To determine whether the proposed In re applications of South Norfolk policy announced in Public Notice No. operation would cause interference to Broadcasting Company, Incorporated, 46545 dated June 18, 1957; that further Station KVI, Seattle, Washington, or any South Norfolk, Virginia, Docket No. action on the WTOW application is sub other existing standard broadcast sta 12201, File No. BP-10981; Cy Blumenthal ject to ratification of the agreement tions, and, if so, the nature and extent tr/as Denbigh Broadcasting Co., Den signed in January 1957, between the thereof, the areas and populations af bigh, Virginia, Docket No. 12202, File No. United States of America and the United fected thereby and the availability of BP-11250; Virginia Beach Broadcasting Mexican States; that the pendency of other primary service to such areas and Corporation (WBOF), Virginia Beach, the WTOW application should not pre populations. Virginia, Docket No. 12394, File No. clude a grant of the application of either 3. To determine, in the light of the BP-11600; for construction permits. the South Norfolk Broadcasting Com evidence adduced pursuant to the fore At a session of the Federal Communi pany, Incorporated, or the Denbigh going issues, whether a grant of the in cations Commission held at its offices in Broadcasting Co., but that a grant of stant proposal would serve the public Washington, D. C., on the 16th day of either of said applications would be interest, convenience and necessity. April 1958; upon condition that either the South It is further ordered, That the Puget The Commission having under con Norfolk Broadcasting Company, Incor Sound Broadcasting Company, Inc., li sideration the above-captioned applica porated, or the Denbigh Broadcasting censee of Station KVI, is made a party tions of the South Norfolk Broadcasting Co. accept any interference that may ré to the proceeding. Company, Incorporated, and Cy Blu suit if the application of WTOW, Inc., It is further ordered, That, to avail menthal tr/as Denbigh Broadcasting Co., is granted; that, in the event of favor themselves of the opportunity to be each for a construction permit for a new able action on the application of the heard, the applicant and party respond standard broadcast station to operate on Virginia Beach Broadcasting Corpora ent herein, pursuant to § 1.140 of the 1570 kilocycles, daytime only, with tion in the hearing ordered below the Commission’s rules, in person or by powers of one kilowatt and 250 watts, re application will be held without further attorney, shall within 20 days of the spectively, at South Norfolk and Den action pursuant to § 1.351 (formerly mailing of this order, file with the Com bigh, Virginia, respectively, and the footnote 10b to § 1.371) of the Commis mission in triplicate, written appear application of the Virginia Beach Broad sion’s rules pending conclusion of the ances stating an intention to appear on casting Corporation for a construction proceeding in Docket No. 8333 concern the date fixed for the hearing and pres permit to change the facilities of Station ing daytime skywave transmissions of ent evidence on the issues specified in WBOF, Virginia Beach, Virginia, from standard broadcast stations; and this order. It further appearing that pursuant to operation on 1600 kilocycles with a power section 309 (b) of the Communications Released: April 22, 1958. of one kilowatt, daytime only, to opera tion on 1550 kilocycles with a power of Act of 1934, as amended, the applicants F ederal Communications 5 kilowatts, daytime only; were notified of the foregoing by letter Commission, It appearing, that the Commission, by dated February 10, 1958, and that the [ seal] Mary J ane M orris, Order adopted on October 2, 1957, desig Virginia Beach Broadcasting Corpora Secretary. nated for hearing the mutually exclu tion was given thirty days in which to reply to said letter ; and [F. R. Doc. 58-3089; Filed, Apr. 24, 1958; sive applications of the South Norfolk It further appearing that a timely 8:48 a. m.] Broadcasting Company, Incorporated, and the Denbigh Broadcasting Co. in a reply to the Commission’s letter was filed consolidated proceeding; and that prior by the Virginia Beach Broadcasting Cor to said date, on September 23, 1957, the poration; and 'V ;:f: C o m m is [Docket No. 12068; FCC 58Mt404] application of the Virginia Beach Broad It further appearing that the casting Corporation, which is mutually sion, after consideration of the above, is F lorence B roadcasting Co., Inc. exclusive with the applications of the of the opinion that a consolidated hear order scheduling hearing South Norfolk Broadcasting Company, ing on the applications herein is neces sary; In re application of Florence Broad Incorporated, and the Denbigh Broad It is ordered, That, pursuant to section casting Company, Inc., Brownsville, casting Co., was accepted for filing; and 309 (b) of the Communications Act of Tennessee, Docket No. 12068, File No. It further appearing that except as indicated by the issues specified below, 1934, as amended, the application of the BP-10850; for construction permit. Virginia Beach Broadcasting C o rp o ra The Hearing Examiner having under the Virginia Beach Broadcasting Cor consideration “Petition Requesting Hear poration is legally, financially, techni tion is consolidated in the hearing Pr0* ing,” filed by Florence Broadcasting cally and otherwise qualified to operate ceeding on the above-captioned applica Company, Inc., on March 28, 1958, and Station WBOF as proposed, but that the tions of the South Norfolk Broadcasting agreements reached by the parties at the operation of the proposals in the above- Company, Incorporated, and the Denbigh Friday, April 25, 1958 FEDERAL REGISTER 2779

Broadcasting Co. in Docket Numbers ference that may be received In the of the opinion that a hearing is neces 12201 and 12202 on the following issues: event of a grant of the application (File sary; 1. To determine the areas and popula No. BP-11634) of WTOW, Inc., to in It is ordered, That, pursuant to section tions which would receive primary serv crease the power of Station WTOW, 309 (b) of the Communications Act of ice from the proposed operations of the Towson, Maryland. 1934, as amended, the applications are South Norfolk Broadcasting Company, It is further ordered, That, in the designated for hearing in a consolidated Incorporated, and the Denbigh Broad event of favorable action on the appli proceeding, at a time and place to be casting Co. and the availability of other cation of the Virginia Beach Broadcast specified in a subsequent order, upon the primary service to such areas and ing corporation in the hearing ordered following issues: populations. above, the application will be held with 1. To determine the areas and popu 2. To determine the areas and popu out further action pursuant to § 1.351 of lations which would receive primary lations which may be expected to gain the Commission’s rules, pending conclu service from the proposed operations and or lose primary service from the opera sion of the proceeding in Docket No. 8333 the availability of other primary service tion of Station WBOF as proposed and concerning daytime skywave transmis to such areas and populations. the availability of other primary service sions of standard broadcast stations. 2. To determine whether the proposed to such areas and populations. Released: April 22, 1958. operations would cause objectionable in 3. To determine whether the proposed terference to Station WAVY, Ports operation of the South Norfolk Broad F ederal Communications mouth, Virginia, or any other existing casting Company, Incorporated, would Commission, standard broadcast stations, and, if so, cause interference to the existing oper [seal] Mary J ane Morris, the nature and extent thereof, the areas ation of Station WTOW, Towson, Mary Secretary. and populations affected thereby, and land, the proposed operation of Station [F. R. Doc. 58-3091; Filed, Apr. 24, 1958; the availability of other primary service WTOW, or any other existing standard 8:48 a. m.] to such areas and populations. broadcast stations, and, if so, the nature 3. To determine which of the opera and extent thereof, the areas and pop tions proposed in the above-captioned ulations affected thereby, and the avail [Docket Nos. 12395, 12396; FCC 58-360] applications would better serve the pub ability of other primary service to such lic interest in the light of the evidence areas and populations. H istoryland R adio and S tar adduced under the foregoing issues and 4. To determine whether a grant of B roadcasting Corp. the record made with respect to the sig the application of Cy Blumenthal tr/as ORDER DESIGNATING APPLICATIONS FOR CON nificant differences between the appli Denbigh Broadcasting Co. would be in SOLIDATED HEARING ON STATED ISSUES cants as to: contravention of § 3.35 of the Commis In re applications of T. Harry Gatton (a) The background and experience sion’s rules on multiple ownership. tr/as Historyland Radio, Fredericksburg, of each of the above-named applicants 5. To determine, in the light of sec Virginia, Docket No. 12395, File No. BP- to own and operate the proposed stations. tion 307 (b) of the Communications Act 11137; Star Broadcasting Corporation, (b) The proposals of each of the of 1934, as amended, which of the oper Fredericksburg, Virginia, Docket No. above-named applicants with respect to ations proposed in the above-captioned 12396, File No. BP-11460; for construc the management and operation of the applications would best provide a fair, tion permits. proposed stations. efficient and equitable distribution of At a session of the Federal Communi (c) The programming service proposed radio service. cations Commission held at its offices in in each of the above-mentioned applica 6. To determine, in the light of the Washington, D. C-, on the 16th day of tions. evidence adduced pursuant to the fore April 1958; 4. To determine, In the light of the going issues, which of the applications The Commission having under consid evidence adduced, pursuant to the fore should be granted. eration the above-captioned applications going issues, which, if either, of the ap It is further ordered, That this order of T. Harry Gatton tr/as Historyland plications should be granted. shall supersede, with "Respect to the Radio and of the Star Broadcasting It is further ordered, That Tidewater issues only, the Commission’s order of Corporation, each for a construction Teleradio, Inc., licensee of Station October 2, 1957, designating for hearing permit for a new standard broadcast WAVY, is made a party to the pro the applications of the South Norfolk station to operate on 1350 kilocycles with ceeding. Broadcasting Company, Incorporated, a power of 500 watts, daytime only, at It is further ordered, That, to avail and the Denbigh Broadcasting Co. Fredericksburg, Virginia; themselves of the opportunity to be It is further ordered, That, to avail It appearing that except as indicated heard, the applicants and party respond itself of the opportunity to be heard, the by the issues specified below, both appli ent herein, pursuant to § 1.140 of the Virginia Beach Broadcasting Corpora cants are legally, technically, finan Commission’s rules, in person or by at tion shall within 20 days of the mailing cially and otherwise qualified to operate torney, shall within 20 days of the mail of this order, file with the Commission, their proposed stations but that the op ing of this order, file with the Commis in triplicate, a written appearance stat eration of both stations as proposed sion, in triplicate, a written appearance ing an intention to appear on the date would result jn mutually destructive in stating an intention to appear on the fixed for the hearing and present evi terference and would cause interference date fixed for the hearing and present dence on the issues specified in this to Station WAVY, Portsmouth, Virginia evidence on the issues specified in this order. (1350 kc, 5 kw, DA-2, U ); and order. Itis further ordered, That the issues in It further appearing that pursuant to It is further ordered, That the issues the above-entitled proceeding may be section 309 (b) of the Communications In the above-entitled proceeding may be • enlarged by the Examiner, on his own Act of 1934, as amended, the subject ap enlarged by the Examiner, on his own niotion or on petition properly filed by a plicants were advised by letter dated motion or on petition properly filed by Party to the proceeding and upon suf March 14, 1958, of the aforementioned a party to the proceeding and upon suffi ficient allegation of fact in support interference and that the Commission cient allegations of fact in support there thereof, by the addition of the following was unable to conclude that a grant of of, by the addition of the following issue ; issue: ^To determine whether the funds either application would be in the public To determine whether the funds avail ui e applicant will give rea- interest; and able to the applicant will give reasonable tm+K e assurance that the proposals set It further appearing that timely re assurance that the proposals set forth ated in app^ca^on wiH be effectu- plies to the Commission’s letter were filed in the application will be effectuated. by both applicants; and Released: April 22, 1958. tJj'J* father ordered, That, in the It further appearing that by letter of nrvLv °£ *avorable action on either the February 19,1958, the licensee of Station F ederal Communications Whcation of the South Norfolk Broad- WAVY requested that it be made a party Commission, D p S l Company* Incorporated, or the to the hearing proceeding on the subject [seal] M ary Jane Morris, tin« broadcasting Co., the construc applications; and Secretary. ts. . ??rinii' shall include the condition It further appearing that the Commis [F. R. Doc. 58-3092; Filed, Apr. 24, 1958; 1 the permittee shall accept inter sion after consideration of the above, is 8:48 a. m.] 2780 NOTICES Francisco- Stock Exchange which were [File No. 24FW-758] SECURITIES AND EXCHANGE merged into and are now Divisions of the U nited P roduction Co., I nc. COMMISSION Pacific Coast Stock Exchange; and the Com mission further finds that Rule 240.17a—6 [Release No. 5683] and this action have the effect of granting ORDER TEMPORARILY SUSPENDING EXEMP exemption and relieving restriction and that TION, STATEMENT OF REASONS THEREFOR, P acific Coast S tock Exchange such action may be and is hereby declared AND NOTICE OF OPPORTUNITY FOR HEARING ACTION DECLARING EFFECTIVE RECORDS to be effective on AprU 18, 1958, pursuant to April 21,1958. DISPOSAL PLAN the provisions of section 4 (c) of the Ad ministrative Procedure Act. I. United Production Co., Inc., a Dela April 18, 1958. ware corporation, 111: Broadway, New The Securities and Exchange Commis By the Commission. York 6, New York, filed with the Com sion today announced that it has de ORVAL L. DuBois, mission on June 18, 1953, a notification clared effective a Records Disposal Plan Secretary. on Form 1-A and an offering circular, filed by Pacific Coast Stock Exchange [F. R. Doc. 58-3074; Filed, Apr. 24, 1958; and subsequently filed various amend pursuant to Rule 240.17a~6 (17 CFR 8:45 a. m.] ments thereto relating to an offering of 240.17a-6) under the Securities Ex 294,999 shares of its $.10 par value com change Act of 1934. The Plan provides mon stock at $1.00 per share for an for the disposal of all applications, re aggregate of $294,999.00 for the purpose ports and documents filed prior to Janu [File No. 24FW-913] of obtaining an exemption from the reg ary 1, 1953, pursuant to sections 12, 13, U niversal Life and Accident Insurance istration requirements of the Securities 14 and 16 of the act or any rule or regu Co. Act of 1933, as amended, pursuant to the lation promulgated by the Commission provisions of section 3 (b) thereof and pursuant to any of such sections. Such ORDER TEMPORARILY SUSPENDING EXEMP Regulation A promulgated thereunder. material, originally filed with the San TION, STATEMENT OF REASONS THEREFOR, Edward D. Walsh Co. was named as Francisco Stock Exchange or the Los AND NOTICE OF OPPORTUNITY FOR HEAR underwriter. Angeles Stock Exchange, became part of ING April 21, 1958. n . The Commission has reasonable the records on file with the Pacific Coast cause to believe that the terms and con Stock Exchange when the San Francisco I. Universal Life and Accident Insur ditions of Regulation A have not been Stock Exchange and the Los Angeles ance Company, an Oklahoma Corpora complied with, in that United Production Stock Exchange merged into and became tion, 809 Willow Street, Duncan, Okla Co., Inc. has failed to file reports on Divisions of the Pacific Coast Stock Ex homa, filed with the Commission on Form 2-A as required by Rule 224; change on January 2, 1957. The Plan March 7, 1955, a notification on Form It is therefore ordered, Pursuant to also provides for the disposition of simi 1-A and, as an exhibit to the notifica Rule 223 (a) of the General Rules and lar material on file more than five years, tion, a statement pursuant to Rule 219 Regulations under the Securities Act of as soon as practicable after January 1 (b) of Regulation A and subsequently 1933, as amended, that the exemption of each year. filed various amendments thereto relat under Regulation A be, and it hereby is, The purpose of the Plan, which is sub ing to an offering of 50,000 shares of its temporarily suspended. stantially the same as the Record Dis common $1.00 par value stock at $1.00 Notice is hereby given that any person posal Plans of the San Francisco and Los per share for an aggregate of $50,000 for having any interest in the matter may Angeles Stock Exchanges, is to alleviate the purpose of obtaining an exemption file with the Secretary of the Commission the record storage problem of the Pacific from the registration requirements of a written request for a hearing; that Coast Stock Exchange. Information in the Securities Act of 1933, as amended, within 20 days after receipt of such re the material to be disposed of by the ex pursuant to the provisions of section 3 quest, the Commission will, or at any change is contained in material on file (b) thereof and Regulation A promul time upon its own motion may, set the with the Commission where it will con gated thereunder; and matter down for hearing at a place to tinue to be available. II. The Commission has reasonable be designated by the Commission for the The Commission’s order declaring the cause to believe that the terms and con purpose of determining whether this Plan effective provides that if at any ditions of Regulation A have not been order of suspension should be vacated or time it appears to the Commission to be complied with, in that Universal Life made permanent, without prejudice, necessary or appropriate in the public and Accident Insurance - Company has however, to the consideration and pres interest or for the protection of investors, failed to file reports on Form 2-A as re entation of additional matters at the the Commission may suspend or termi quired by Rule 224. hearing; and that notice of the time and nate the effectiveness of the Plan on ten III. It is therefore ordered, Pursuant place of said hearing will be promptly days written notice to the Pacific Coast to Rule 223 (a) of the general rules and given by the Commission. Stock Exchange. regulations under the Securities Act of The text of the Commission’s action 1933, as amended, that the exemption By the Commission. follows: under Regulation A be, and it hereby is, [ seal] Orval L. D uBois, The Securities and Exchange Commission, temporarily suspended. Secretary. acting pursuant to the Securities Exchange Notice is hereby given that any person Act of 1934, particularly sections 17 (a), having any interest in the matter may [F. R. Doc. 58-3076; Filed, Apr. 24, 1958;. 23 (a) and 24 (b) thereof and Rule 240.17a-6 file with the Secretary of the Commission 8:45 a. m.] thereunder, having due regard for the public a written request for a hearing? that interest and for the protection of investors, within 20 days after receipt of such re and deeming it necessary in the public in quest, the Commission will, or at any DEPARTMENT OF JUSTICE terest, for the protection of investors and for the exercise of the functions vested in it, time upon its own motion may, set the Office of Alien Property does hereby declare effective the Records Dis matter down for hearing at a place to be posal Plan filed on April 10, 1958, by the designated by the Commission for the Celina Chiara et al. Pacific Coast Stock Exchange on condition purpose of determining whether this or that if at any time it appears to the Commis der of suspension should be vacated or NOTICE OF INTENTION TO RETURN VESTED sion to be necessary or appropriate in the made permanent, without prejudice, PROPERTY public interest or for the protection of in however, to the consideration and pres Pursuant to section 32 (f ) of the Trad vestors so to do, the Commission may sus pend or terminate the effectiveness of said entation of additional matters at the ing With the Enemy Act, as'amended, . Plan by sending at least ten days written hearing; and that notice of the time and notice is hereby given of intention to notice to the Pacific Coast Stock Exchange. place of said hearing will be promptly returnron or after 30 days from the date The Commission finds that notice and given by the Commission. of publication hereof, the following public procedure pursuant to sections 4 (a) and 4 (b) of the Administrative Procedure By the Commission. property, subject to any increase or de Act are unnecessary because the Records [SEAL] ORVAL L. DUBOIS, crease resulting from the administration Disposal Plan of the Pacific Coast Stock Ex Secretary. thereof prior to return, and after ade change is substantially the same as the Rec quate provision for taxes and conserva ords Disposal Plans previously in effect for [F. R. Doc. 58-3075; Filed. Apr. 24, 1958; the Los Angeles Stock Exchange and the San 8:45 a. m.] tory expenses: Friday, April 25, 1958 FEDERAL REGISTER 2781 Claimant, Claim No., Property and Location Salvatore Chiara, $100.45 in the Treasury For the Attorney General. Celina Chiara, $100.44 in the Treasury of of the United States. Bologna, Italy; Claim No. 44115; Vesting [seal] D allas S. T ownsend, the United States. Assistant Attorney General, Flora iChiara Martinelli, $100.44 in the Order No. 488. Treasury of the United States. Director, Office of Alien Property. Lucia Chiara Casoni, $100.45 in the Treas Executed at Washington, D. C., on [F. R, Doc. 58-3082; Filed, Apr. 24, 1958; ury of the United States. April 21,1958. 8:47 a. m.]