EDERAL REGISTER

VOLUME 20 7S*. 1934 NUMBER 68 ' ^NlTtO •* Washington, Thursday, April 7 , 7955

TITLE 5— ADMINISTRATIVE 5. Effective as of the beginning of the CONTENTS first pay period following April 9, 1955, PERSONNEL paragraph (a) is amended by the addi­ Agricultural Marketing Service Pa&e tion of the following post: Chapter I— Civil Service Commission Rules and regulations: Artibonite Valley (including Bois Dehors), School lunch program, 1955__ 2185 H aiti. P art 6— E x c eptio n s P rom t h e Agriculture Department C o m petitiv e S ervice 6. Effective as of the beginning of the See Agricultural Marketing Serv­ C iv il. SERVICE COMMISSION first pay period following December 4, ice. 1954, paragraph (b) is amended by the Atomic Energy Commission Effective upon publication in the F ed­ addition of the following posts: Proposed rule making: eral R egister, paragraph (c) of § 6.145 Boudenib, Morocco. Procedure on applications for is revoked. Guercif, Morocco. determination of reasonable (R. S. 1753, sec. 2, 22 S tat. 403; 5 U. S. C. 631, Tiznit, Morocco. royalty fee, just compensa­ 633; E. O. 10440, 18 P. R. 1823, 3 CFR, 1953 7. Effective as of the beginning of the tion, or grant of award for Supp.) first pay period following March 12,1955, patents, inventions or dis­ U n ited S tates C iv il S erv- paragraph (b) is amended by the addi­ coveries______2193 vice C o m m issio n , tion of the following posts: [seal] W m . C. H u l l , Civil Aeronautics Administra­ Executive Assistant. Irbid, Jordan. tion Karak, Jordan. [F. R. Doc. 55-2852; Filed, Apr. 6, 1955; Notices: 8:50 a. m.] 8. Effective as of the beginning of the Organization and functions; first pay period following April 9, 1955, miscellaneous amendments_ 2202 paragraph (c) is amended by the addi­ Rules and regulations: tion of the following posts: Standard instrument approach procedure alterations______2187 'Chapter III— Foreign and Territorial Aden, Aden. Dakar, French West Africa. Compensation Civil Service Commission Santiago, Panama. Rules and regulations: [Dept. Reg. 108.253] 9. Effective as of the beginning of the Competitive service, exceptions first pay period following December 4, from; Civil Service Commis­ P art 325—Additional C ompensation in sion______:______2185 F oreign A reas 1954, paragraph (d) is amended by the addition of the following post: Commerce Department designation o p differential posts Croix Chapeau, France. See Civil Aeronautics Administra­ tion; Foreign Commerce Bureau. Section 325.11 Designation of differen­ (Sec. 102, P art I, E. O. 10,000, 13 F. R. 5453, tial posts is amended as follows, effective 3 CFR, 1948 Supp.) Federal Communications Com­ on the dates indicated; mission 1. Effective as of the beginning of the For the Secretary of State. Notices : first pay period following April 9, 1955, L o t W . H enderson, Hearings, etc.: paragraph (a) is amended by the dele­ Deputy Under Secretary Chamberlin, Howard A., and tion of the following posts: For Administration. Fred P. Muller______2213 Bois Dehors, Haiti. Didriksen, Roald W., et al— 2212 M arch 31, 1955. Dakar, French West Africa. Granite State Broadcasting Rum Jungle, Australia. [F. R. Doc. 55-2853; Filed, Apr. 6, 1955; Co., Inc. (WDNH)______2213 8:51 a. m.] Ohio Bell Telephone Co___ 2211 2. Effective as of the beginning of the Spartan Radiocasting Co. first pay period following April 9, 1955, (WSPA-TV)______2211 paragraph (b) is amended by the dele­ TITLE 7— AGRICULTURE Wisconsin Telephone Co____ 2211 tion of the following post; Proposed rule making: Aden, Aden. Chapter II— Agricultural Marketing Charges for U. S. Government Service (School Lunch Program), telegraph communications__ 2202 3. Effective as of the beginning of the Department of Agriculture Revised Tentative Allocation first pay period following April 9, 1955, Plan for Class B FM Broad­ paragraph (c) is amended by the dele­ P art 210—R egulations and P rocedure tion of the following post: cast Stations (2 docu­ APPENDIX— SECOND APPORTIONMENT OF FOOD ments)__:______2194,2195 Los Mochis, Mexico. ASSISTANCE FUNDS PURSUANT TO NATIONAL Television auxiliary broadcast SCHOOL LUNCH ACT; FISCAL TEAR 1955 stations______2201 4. Effective as of the beginning of the Television broadcast stations : first pay period following April 9, 1955, The funds available for purposes of Operation of co-channel am­ paragraph (d) is amended by the dele­ the National School Lunch Act (60 Stat. plifying transmitters in tion of the following post: 230, 66 Stat. 591) for food assistance for conjunction with main Guaymas, Mexico. (Continued on next page) transmitter______2195 2185 2186 RULES AND REGULATIONS

CONTENTS— Continued CODIFICATION GUIDE— Con. Interior Departmentv PaS® Title 14 Page FEDERALlpEGISTER Chapter Hr V l»3* See Land Management Bureau. Interstate Commerce Commis­ Part 609__ 2187 Title 15 Published daily, except Sundays, Mondays, sion and days following official Federal holidays, Notices: Chapter m : by the Federal Register Division, National Applications for relief: Part 3 7 3 - 2192 Archives and Records Service, General Serv­ Part 3 8 0 - 2192 ices Administration, pursuant to the au­ Rice and products from Ar­ thority contained in the Federal Register Act, kansas, Louisiana, and Title 31 approved July 26, 1935 (49 S tat. 500, as Texas to North Carolina_2216 Chapter I: amended; 44 U. S. C., ch. 8B), under regula­ Rubber, synthetic, from Loui­ Part 129___ 2192 tions prescribed by the Administrative Com­ siana and Texas to Wauke­ Title 47 mittee of the Federal Register, approved by gan, 111______2216 Chapter I: the President. Distribution is made only by Soybean oil from Springfield the Superintendent of Documents, Govern­ Part 1______;______2193 m en t P rin tin g Office, W ashington 25, D. C. and Taylorsville, HI., to Part 2 (proposed) (2 docu­ The F ederal R egister will be furnished by Canada ______2216 ments)______2194,2195 mail to subscribers, free of postage, for $1.50 Labor Department Part 3 (proposed) (7 docu­ per month or $15.00 per year, payable in See Wage and Hour Division. ments) ______2194-2199 advance. The charge for individual copies Part 4 (proposed)______2201 (minimum 15 cents) varies in proportion to Land Management Bureau the size of the issue. Remit check or money Part 12______2193 order, made payable to the Superintendent Notices: Part 64 (proposed)______2202 of Documents, directly to the Government Alaska; shorespace restoration P rin tin g Office, W ashington 25, D. C. order______2210 The regulatory material appearing herein Washington; proposed with­ the fiscal year ending June 30, 1955, is keyed to the Code o f F ederal R egulations, drawal and reservation of are reapportioned as follows in order to which is published, under 50 titles, pursuant effect a further apportionment of sup­ to section 11 of the Federal Register Act, as lands______2210 plemental funds pursuant to section 4 am ended A ugust 5, 1953. The Code o f F ed­ Post Office Department of the act: eral R egulations is sold by the Superin­ tendent of Documents. Prices of books and Notices: pocket supplements vary. Establishment of regional head­ With- State held for There are no restrictions on the re­ quarters at , Ga____ 2205 State Total Agency private publication of material appearing in the Regional real estate managers; schools F ederal R egister, o r th e C ode o f F ederal redelegation of authority with R egulations. respect to leases______2206 Alabama______$2, 431,762 $2, 371,810 $59,952 Alaska____ ;______32,386 32,386 Small Business Administration Arizona-.______427,858 407,064 20,794 Arkansas______; 1, 529,116 1, 499,382 29,734 CFR SUPPLEMENTS Notices: California______I 3, 188,392 3, 188,392 Florida Wood Co-operative; Colorado______j 562,657 516,139 46,518 (For use during 1955) —______584,301 584,301 withdrawal of request to op­ Delaware,___ ------84,121 78,308 5,813 erate as small business enter­ District of Columbia___ 181,763 181.763 The following Supplements are now Florida______; 1, 450,895 1, 385,913 64,982 available: prise production pool, and Georgia______2, 347,873 2, 347,873 withdrawal of, requests to cer­ Hawaii-______227,438 182,190 45,248 tain companies to participate Idaho______311,157 301,864 9,293 Title 9 ($0.65) Illinois_____-____ 2, 616,209 2, 616,209 in operation of such pool___ 2216 Indiana______-___— 1, 568,151 1, 568,151 Title 20 ($0.75) Iowa______1, 099,724 981,057 118,667 State Department Kansas______.... 729,998 729,998 Title 24 ($0.75) Kentucky______1, 947,138 1, 947,138 Rules and regulations: Louisiana.-______— 1, 697,143 1, 697,143 Titles 40-42 ($0.50) Additional compensation in for­ Maine.--______441,488 362,454 79,034 Maryland..-.______854,199 740,208 113,991 Previously announced: Title 3, 1954 Supp. eign areas; designation of dif­ M assachusetts______1, 564,357 1, 564,357 ($1.75); Title 7: Parts 1-209 ($0.60); Title ferential posts______2185 Michigan______2, 361,367 2, 028,192 333,175 Minnesota______1, 332,176 1, 130,194 201,982 18 ($0.50); Title 19 ($0.40); Title 25 Treasury Department Mississippi______2, 184,293 2, 184,293 ($0.50); Titles 30-31 ($1.25); Title 49: Rules and regulations: Missouri______1, 533,597 1, 533,597 Parts 1-70 ($0.60); Parts 91-164 ($0.50); Montana______242,288 217.763 24,525 Values of foreign moneys, 1955_ 2192 Nebraska______546,349 483,723 62,626 Part 165 to end ($0.60) Nevada______— ___ 48,371 46,227 2,144 Wage and Hour Division —____ 215,379 215,379 Order from Superintendent of Documents, New Jersey______1, 446,039 1, 156,140 289,899 Notices: New Mexico.--_____ 442,926 442,926 Government Printing Office, Washington New York_____ — ;. 4, 063,157 4, 063,157 25, J>. C. Learner employment certifi­ North Carolina______3, 118,370 3, 118,370 cates; issuance to various in­ North Dakota______370,802 336,388 34,414 dustries______2203 Ohio______X 2, 698,613 2, 317,162 381,451 Oklahoma______„ 1, 228,129 1, 228,129 Oregon___ :______582,670 582,670 CONTENTS— Continued Pennsylvania______3, 808,251 3, 095,421 712,830 CODIFICATION GUIDE Rhode Island______277,666 277,666 Federal Communications Com- Pa8e --—..__ 1, 658,810 1, 642,754 16,056 A numerical list of the parts of the Code South Dakota.______360,486 328,953 31,533 mission— Continued of Federal Regulations affected by documents Tennessee.——______2, 134,548 2, 084,630 49,819 published in this issue. Proposed rules, as Texas___-______3, 864,455 3, 864,455 Proposed rule making—Con. Utah...... 398,238 393,073 5,165 Television broadcast stations— opposed to final actions, are identified as Vermont______— 190,087 190,087 such. Virginia____ >______1, 813,505 1, 756,845 56,660 Continued Washington..______843,271 789,282 53,989 Table of assignments (4 Title 5 Page West Virginia______1, 253,968 1, 224,570 29,398 Wisconsin______1, 375,046 1, 064,536 310,510 documents)______2196-2199 Chapter I: Wyoming__-______129,812 129,812 Rules and regulations: Part 6______2185 Application for renewal of sta­ Chapter III: Total. 66, 400,795 62, 310,494 3, 190,301 tion license in Radio Amateur Part 325______2185 Civil Emergency Service-___ 2193 (60 S tat. 230, 66 S tat. 591; 42 U. S. C. 1751- Title 7 1760) Foreign Commerce Bureau Chapter n : Dated: April 4,1955. Rules and regulations: Part 210______2185 Licensing policies and related O r is V. W el ls, special provisions; amend­ Title 10 Administrator. ments, extensions, transfers; Chapter I: [F. R. Doc. 55-2857; Filed, Apr. 6, 1955; miscellaneous amendments_2192 Part 80 (proposed)______2193 8:52 a. m.] Thursday TITLE 14— CIVIL AVIATION Chapter II— Civil Aeronautics Administration, Department of Commerce [Arndt. 137] , ,

P art 609—S tandard I nstrum ent Approach P rocedures April

procedure alterations

The standard instrument approach procedure alterations appearing hereinafter are adopted to become effective when indicated in order to promote safety. 7, Compliance with the notice, procedures, and effective date provisions of section 4 of the Administrative Procedure Act would be impracticable and contrary to the public interest, and therefore is not required. 1955 Part 609 is amended as follows:

Note: Where the general classification (LFR, VAR, ADF, ILS, GOA, or VOR), location, and procedure 2187 number (If any) of any procedure In the amendments REGISTER ERAL FED which follow, are Identical with an existing procedure, that procedure is to be substituted for the existing one, as of the effective date given, to the extent that it differs from the existing procedure; where a procedure is canceled, the existing procedure is revoked; new procedures are to be placed in appropriate alphabetical sequence within the section amended. 1. The low frequency range procedures prescribed in § 609.6 are amended to read in part: LFR Standard Instrument Approach P rocedure Bearings, headings, and courses are magnetic. Distances are in statute miles unless otherwise indicated. Elevations and altitudes are in feet, MSL. Ceilings are in feet above airport elevation. If an LFR instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure authorized by the Administrator for Civil Aeronautics for such airport. Initial approaches shall be made over specified routes. Minimum altitude(s) shall correspond with those established for en route operation in the particular area or as set forth below.

Ceiling and visibility minimums Minimum City and State; airport name, Procedure turn (—) side of Course and If visual contact not established at author­ Initial approach to facility Course Minimum final approach course altitude over distance, Types ircraft ized landing minimums after passing elevation; facility: class and and dis­ altitude (outbound and inbound); facility on facility within distance specified, or if identification; procedure No.; from— altitudes; limiting dis­ final approach facility to effective date tance (ft.) airport Condition landing not accomplished tances course (ft.) 75 m. p. h. More than or less 75 m. p. h.

1 2 3 4 5 6 7 8 9 10 11

MIRAMAR. CALIF. CANCELED EFFECTIVE MARCH 8, 1955, LOW FREQUENCY RANGE DECOMMISSIONED. Miramar NAAS, 475'. Procedure No. 1. Amendment No. 3 dated July 11, 1952.

STOCKTON, CALIF. Modesto VOR..______293—20.0 2,000 E side S course: 800 285—3.2 2engines or le 3S Within 3.2. miles, climb to 2,000' on N course Stockton Airport, 28'. 147° outbound. T-dn 300-1 300-1 within 25 miles. BMRLZ-DTV SOK. 327° inbound. C-dn 500-1 600-1 Caution: 340' mean sea level radio mast Procedure No. 1. 1,500' within 10 miles. A-dn 800-2 800-2 1.5 miles N of airport. Amendment No. 4. Note: ADF procedure not authorized. Effective: May 7,1955. Mo ’e than 2 eng ones Supersedes Amendment No. 3 T-dn 300-1 dated December 31,1953. C-dn 600-1)4 Major changes: New format. A-dn 800-2 Delete transition from Alta- mont Intersection presently authorized by published MEA; add transition from MOD VOR; revise alternate minimums in line with cur­ rent policy. 2. The automatic direction finding procedures prescribed in § 609.8 are amended to read in part: 2188

AD IT Standard I nstrument Approach P rocedure ínflí1AD’/tastram’p n ? ' “*111 stat.ute '* & * »“ 'ess otherwise indicated. Elevations and altitudes are in feet, MSL. Ceilings are in feet above airport elevation, authorized bythe^mtaistratoM or Ci-íií^eromiuU^nrb«,oh al^?H0,ilt sha11 h® ¡with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure area or as «it forth below * “ “ OI U A tics for such airport- InitlaI approaches shall be made over specified routes. Minimum altitude® shall correspond with those established for en route operation in the particular

Ceiling an d visibility minimums City and State; airport name, Procedure turn (—) side of Minimum elevation; facility: cfass and Initial approach to facility Course Minimum final approach course altitude over Course and If visual contact not established at author­ identification; procedure No.; from— and dis­ altitude (outbound and inbound); facility on distance, Type aircraft ized landing minimums after passing effective date tance (ft.) altitudes; limiting dis­ final approach facility to facility within distance specified, or ff tances course (ft.) airport Condition landing not accomplished 75 m. p. h. More than or less 75 m. p. h. 1 2 3 4 5 6 7 8 . 9 10 11 DENVER, COLO. DEN VOR...... 198—12.6 7,000 E side S course: %6,200 344—3.6 2engines or le ss Within 3.6 miles, climb to 6,300' on course of Stapleton Airfield, 5,331'. 164° outbound. T-dn , 300-1 MHW-AUR. DEN LFR...... 164—7.3 7,000 300-1 348° from DEN LFR within 20 miles. Procedure No. 2. 344° inbound. C-dn 400-1 500-1 Alternate missed approach; when di­ 7,000' within 10 miles. S-dn 35 400-1 400-1 rected by ATC climb to 6,600' on E Amendment No. 5. Franktown FM* (north­ 332—22.0 7,000 Not authorized beyond 10 Effective: May 7, 1955. bound only). A-dn 800-2 800-2 course DEN LFR within 25 miles. Supersedes amendment No. 4 miles.# •Descent below 8,900' not authorized until 3 Moi e than 2 eng dated May 15, 1954. Aurora FM (final) ______332—2.7 mes miles N of Franktown FM due to 6,715' Major changes: New format; 6,200 T-dn 200-n terrain 6 miles NW of Franktown. minor changes to missed ap­ C-dn 500-1 « #Procedure turn must be accomplished S-dn 35 400-1 , within 10 miles on account of high terrain proach for consistency; REGULATIONS AND RULES deletes Watkins FM; minor A-dn 800-2 toS. changes to distances and %Do not descend below 5,825' mean sea level bearings; deletes shuttle. until 1.5 miles N Aurora Radiobeacon on account of 5,525' mean sea level tower at Lowry Field. Caution: 5,918' mean sea level tower 4.7 miles ESE of airport. Deviation from standard criteria authorized in items 2 and 5. 3. The very high frequency omnirange procedures prescribed in § 609.9 (a) are amended to read in part:

VOR Standard Instrument Approach P rocedure If^VOR Rist^ c6S are lni ta-tute “ ieSuU?,leKSS ?therwi®e indicated. Elevations and altitudes are in feet, MSL. ' Ceilings are in feet above airport elevation, authorized tothe Atototetratortor^^ivfidAftrnnatÍHplfnr^^^nnr?irPTrV bevf aCu°iidKnee ^ lth thefoll°wing instilment approach procedure, unless an approach is conducted in accordance with a different procedure orassetforth below. 40 f Cml Aeronautics for such airport. Initial approaches shall be made over specified routes. Minimum altitude(s) shall correspond with those established for en route operation in the particular area

Ceiling at id visibility minimums City and State; airport name, Procedure turn (—) side of Minimum Course Minimum altitude Course and If visual contact not established at author­ elevation; facility: class and Initial approach to facility7 final approach course over facility identification; procedure No.; from— and altitude (outbound and inbound); distance, Type aircraft ized landing minimums after passing fa­ effective date distance (ft.) altitudes; limiting dis­ on final facility to cility within distance specified, or if land­ tances approach airport Condition ing not accomplished course (ft.) 75 m. p. h. More than or less 75 m. p. h. 1 2 3 4 5 6 7 8 9 10 11 BUTTE, MONT. Whitehall LFR_____ 276-30.0 Butte, 5.554' 10,000 E side of course:* 7,900 095—13.2 2engines or le Within 1.5 miles climb to 10,000' on course BVOR-BTM. 343° outbound. T-d 1.500- ÍS 1 1,'500-1 93° within 12 miles. Procedure No. 1. 163° inbound. T-n 1.500- 21,500-2 ♦Procedure turn E side for more favorable Amendment No. 1. 9,000' within 10 miles. C-d 2.300- 12.300- 1)3terrain. Effective: May 7, 1955. Not authorized beyond 10 C-n 2.300- 22.300- C 2aution: High terrain 8,300' mean sea level Supersedes original dated April miles. A-d 2.300- 1«2.300- 1)42 miles E of Butte Airport. 15,1954. A-n 2.300- 2 2.300- N 2ote: Sliding scale not authorized for Major changés: New format; landing. add transition from White­ More than 2 eng nes hall LFR; delete transition T-d 1.500- 1 from BTM LFR; minor T-n 1.500- 2 course and distance correc­ C-d 2.300- 1)4 tions; remove deviation note. C-n 2.300- 2 A-d 2.300- 1J4 A-n 2.300- 2 Thursday VOR Standard I nstrument Approach P rocedure—Continued

Ceiling an d visibility ealnimums Minimum Procedure turn (—) side of altitude Course and If visual contact not established at author­ City and State; airport name, Course Minimum final approach course Types ir craft ized landing minimums after passing fa­ elevation; faculty: class and Initial approach to facility (outbound and inbound); over facility distance, and altitude on final facility to cility within distance specified, or if land­ , identification; procedure No.; from— distance (ft.) altitudes; limiting dis­ ing not accomplished effective date approach airport Condition April tances course (ft.) 75 m. p. h. More than or less 75 m. p. h.

1 2 3 4 5 6 7 8 9 10 11 7,

BUTTE, MONT. Whitehall VOR...... 273—12.0 9,500 No procedure turn final Homestake 273—4.0 2engines or less Within 4 miles of Homestake FM, climb 1955 Butte, 5,554'. approach course 273°. ,FM 9,500 T-d 1.500- 1.500- 1 1 westbound to 10,000' on 273° course from Whitehall-B V 0 R. T-n 1.500- 1.500- 2 2Whitehall VOR within 15 miles of Home- HAI and Homestake FM. 2189 C-d 3.000- 3.000- 1 1stake FM, REGISTER or, FEDERAL climb westbound to 10,000' Procedure No. 2. .C-n 3.000- 2 3.000- 2 on 273° course to Butte VOR. Amendment No. 1. A-dn 3.000- 2. 3.000- 2 Caution: 8,212' terrain located 2 miles E of Effective: May 7, 1955. Butte Airport. Supersedes original dated July Moie than 2 eng nes Note: Sliding scale not authorized for land­ 12, 1954. T-d 1.500- 1 ing. Major changes: Place proce­ T-n 1.500- 2 dure on new format; add C-d 3.000- 1% sliding scale note; remove C-n 3.000- 2 inappropriate deviation A-dn 3.000- 2 note. ELKO, NEV. Carlin FM...... 058—19.0 9,000 W side of course:* 7,500 329—4.4 All aircrafl Within 4.4 miles, turn left and climb to 8,500' Municipal, 6,136'. 149° outbound. T-dn 1,800-2 1,800-2 on course of 149® within 15 miles of EKO VORW-EKO.- Deeth FM...... 219—31.0 10,000 3293 inbound. C-dn 1,800-2 / 1,800-2 VOR. Procedure No. 1. 8,500' within 10 miles. A-dn BCOB BCOB •Procedure turn right for more favorable Original. Elko LFR...... 155—5.0 8,500 Not authorized beyond 10 1,800-2 1,800-2 terrain. Effective: May 7, 1955. miles. Elko VOR monitored category 3.

4. The instrument landing system procedures prescribed in § 609.11 are amended to read in part: ILS Standard Instrument Approach P rocedure , Bearings, headings, and courses are magnetic. Distances are In statute miles unless otherwise indicated. Elevations and altitudes are to feet, MSL. Ceilings are to feet above airport elevation. .. . , If an ILS instrument approach is conducted at tho below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted to accordance with a different procedure authorized by the Administrator for Civil Aeronautics for such airport. Initial approaches shall be made over specified routes. Minimum altitude (s) shall correspond with those established for en route operation to the particular area or as set forth below:

Transition to ILS Altitude of glide slope Ceiling and visibility minimums Procedure turn and distance to ap­ City and State; airport (—) side of final Minimum alti­ proach end of runway If visual contact not established name, elevation; facility: approach course tude at glide at— Type aircraft upon descent to authorized land­ class and identification; Mini­ (outbound and slope intercep­ ing minimums or if landing not Course mum al­ inbound); alti­ tion inbound procedure No.; effective From— To— and dis­ Condition Mòre accomplished date titudes tudes; limiting (ft.) Outer Middle 75m.p.h. tance (it.) distances thah 75 marker marker or less m. p. h.

13

DETROIT, MICH. LFR. O or ,(**). 046—7.5 2,700 V side of NE No glide path No outer No middle 2 engines or less Within 6 miles, climb to 2,000' on Detroit-Wayne Major, course: marker marker T-dn 300-1 300-1 SW course ILS to LOM, or when 639'. RML LOM. (*) or (**). 032—12.0 2,700 032° outbound. 2,300' over Intersection (*) or Intersec­ O-dn 500-1 600-1 directed by ATC: (1) Make ILS Back Course. 212° inbound. tion (**) 6.0. S-dn 21-R 500-1 500-1 right turn, climb to 2,000' pro­ Procedure No. 2. SVM VOR. (*) or (**). 2,700 2,700' within 10 ceed to FRD radiobeacon. (2) Amendment No.: Orig­ miles. A-dn Make left turn, climb to 2,300, inal. FRD Radiobeacon. (*) or (**). 084—8.5 2,700 ILS 600-2 proceed to Flat Rock Inter­ Effective date: May 7, section. 212-18.0 2,700 ADF 800-2 •Intersection NE course ILS and 1955. Intersection NE course (*) or (**). SVM VOR 118-R. Supersedes No.: None. ILS and NW course QG More than 2 engi ••Intersection NE course ILS and Major changes: None. LFR. T-dn m-H 270° bearing to FRD radio­ C-dn 500-1^ beacon. S-dn 21-R 500-1 Procedure not authorized unless aircraft equipped to receive ILS A-dn and VOR or ILS and ADF ILS bearings simultaneously; unless radar positions are obtainable at ADF 800-2 the above fixes. ILS Standard Instrument Approach P rocedure—C ontinued 2190

Transition to ILS Altitude of glide slope Ceiling and visibility minimums Procedure tum and distance to ap­ City and 8tate; airport (—) side of final Minimum alti­ proach end of runway name, elevation; facility: approach course If visual contact not established class and identification; tude at glide at— Type aircraft Course Mini­ (outbound and slope intercep­ upon descent to authorized land­ procedure No.; effective mum al­ inbound); alti­ tion inbound ing minimums or if landing not date From— T o - and dis­ Condition tance titudes tudes; limiting (ft.) More accomplished (ft.) distances Outer Middle 75m.p.h. than 75 marker marker or less m. p. h.

10 13

LOUISVILLE, KY. Louisville LFR. LOM. 2,100 W side of S course: ILS 2,100 2,080-6.2 690-0.7 2 engines or less 6.2 miles after passing LOM (ADF) Standiford Field, 497'. 190° outbound. T-dn 300-1 300-1 make a left climbing turn to ILS SDF. Louisville VOR. LOM. 262—10 2,100 LOM SD. 010° inbound. ADF 1,600 C-dn 500-1 600-1 2,100' as soon as practical. Pro­ 2,100' within 7 over LOM ceed out W course Louisville Combination ILS-ADF. Eastwood FM. LOM. 237—19 2,100 miles. Procedure No. 1. S-dn 01 LFR, or (when directed by Not authorized *ILS 200-J4 200-H ATC), make climbing right turn Amendment No. 12. ShepherdsviUe FM. LOM. 311—11 2,100 beyond 7 miles as soon as practical and proceed ESective date: May 7, to avoid God- 1955. Vally Intersection: Inter­ ADF 500-1 500-1 to Louisville LFR. LOM. 147—11 2,100 man danger Caution: Obstruction 1,060' 4 Supersedes Amendment section W course Louis­ area. 11, dated April 30, ville LFR and 147° A-dn miles N of Standiford Field. 1954. ILS 600-2 600-2 *400-% required with glide slope course to LOM. inoperative. Major changes: Transi­ ADF 800-2 800-2 tions added. Bardstown Intersection... LOM. 323—25 2,100 More than 2 engines Bourbon Intersection...... LOM 335—16 2,100 T-dn...... 200-J4 C-dn ...... 600-1)4 REGULATIONS AND RULES S-dn 01 •ILS 200-34 ADF 500-1 A-dn ILS 600-2 ADF ...... - 800-2 , PA. Mt. Holly Intersection... N E course 237°—12 1,800 Not authorized. No glide path or markers. Descend to 1*300' 2 engines or less Climb to 1,800' on SW course ILS International, 10'. ILS. Inbound course after intercepting localizer course. De­ T-dn 300-1 300-1 within 10 miles of LOM. Al­ ILS PHL. 265®. Procedure No. 2, using scend to landing minimums after passing C-dn 500-1 500-1 ternate missed approach (when 5-mile fix as determined by surveillance S-dn directed by ATC), make a back course ILS and radar. surveillance radar. Ef­ 27 500-1 500-1 climbing left tum and proceed fective date: May 7, A-dn 800-2 800-2 to Elmer Intersection at 1,500'. 1955. Caution: 253' crane on localizer Amendment No.: More than 2 engines course 2.5 miles E of airport. Original. T-dn 200-34 C-dn 500-1)4 S-dn 27 500-1 A-dn 800-2 TETËRBORO, N. J. Chatham MHW. ILS SW course. 2,000 W side SW'course: 1,400 1,360—4.7 230—0.6 engines or less Climb to 1,000' on a heading of 059° Teterboro, 7'. 239° outbound. 2 ILS-TEB. Newark LOM. T-dn 300-1 300-1 tum left climb to 2,000' on ADF ILS SW course. 348—7 1,800 059° inbound. C-dn 1,000-1 1,000-1 % course to Paterson MHW. Procedure No. 1. 1,800' within 10 *S-6dn 500-1 500-1 *700-1)4 required with any compo­ Amendment No. 5. Paterson MHW. ILS OM. 186—10 2,000 miles of OM. Effective date: May 7, A-dn 1,000-2 1,000-2 nent of the ILS inoperative. 1955. Caldwell VOR. ILS OM. 2,000 Supersedes Amendment More than 2 engines No. 4 dated April 8, T-dn 300-1 1953. C-dn 1.000- 1)4 Major changes: Revises *S-6dn 500-1 transitions and A-dn 1.000- 2 straight-in landing minimums. 5. The ground controlled approach procedures prescribed in § 609.13 are amended to read in part: Thursday GCA Standard Instrument Approach P rocedure Bearings, headings, and courses are magnetic. Distances are in statute miles unless otherwise indicated. Elevations and altitudes are in feet, MSL. Ceilings are in feet above airiwrt elevation. __ If a GCA instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument procedure, unless an approach is conducted m accordance with a different procedure authorized by the Administrator for Civil Aeronautics for such airport. Initial approaches shall be made over specified routes. Minimum altitude(s) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be established with the ground controller. From initial contact with GCA to final authorized landing minimums, the instructions of the GCA controller are mandatory except when (A) , visual reference with ground is established on final approach at or before descent to the authorized landing minimums, or (B) at pilot’s discretion if it appears desirable to discontinue the approach. 1955 7, April

Ceiling and visibility minimums Except when the ground controller may direct otherwise prior to final approach, a missed ap­ proach procedure shall be executed as provided Precision approach Surveillance approach below when (a) communication on final approach City and State; airport name, elevation; effective Radar terminal area; maneuvering altitudes by (PAR) (ASR) is lost for more than 5 seconds; (b) directed by date sectors and limiting distances ground controller; (c) visual reference is not es­ Runway No. Condition tablished upon descent to the authorized land­ 75 m. p. h. More than 75 m. p. h. More than ing minimums; or (d) landing is not accom­ EEA RGSE 2191 or less 75 m. p. h. or less 75 m. p. h. plished REGISTER FEDERAL

PHILADELPHIA, PA. 2,300' N quadrant of Philadelphia LFR within 17,35,9,27 2 engines or less Climb to 2,500' or higher altitude when requested International, 10'. 20 miles. 1,800' within 10 miles. T-dn 300-1 300-1 by ATO. Proceed to Mt. Holly Intersection. Procedure No. 1. C-dn 500-1 500-1 Alternate missed approach procedures (when Amendment No.: Original. 2,000' NW quadrant within 20 miles. 1,500' S-dn 600-1 500-1 requested by ATC). 1. Climb to 1,500' and within 10 miles. A-dn 800-3 800-2 proceed to LOM or 2. Climb to 1,500' and proceed Eflective date: May 7, 1955. to Elmer Intersection. 1,500' SW and SE quadrants within 20 miles. More than 2 engines T-dn 200-34 C-dn 500-1)4 S-dn 600-1 A-dn 800-2 4-22 2 engines or less T-dn 300-1 300-1 C-dn 600-1' 600-1 S-dn 600-1 600-1 A-dn 800-2 800-2 More than 2 engines T-dn 2004* C-dn 600-134 S-dn 600-1 A-dn 800-2 WASHINGTON, D. 0. 1,500' in E, W, and S quadrants and 1,800' in N 2 engines or less Make a climbing left turn as soon as practical and National, 16'. quadrant of Washington LF R within 25 miles. All T-dn 300-1 300-1 climb to 1,800' or a higher altitude when re­ Procedure No. 1. All C-dn 600-1 600-1 quested by ATC on NW course of Washington Amendment No. 6. 2,500' in all quadrants within 40 miles exclusive 36 S-dn 200-34 200-J4 LFR to Herndon Intersection. Eflective date: May 7,1955. of danger and prohibited areas. All A-dn 600-2 600-2 Caution: Circling minimums do not provide Supersedes amendment No. 5 dated June 20, standard clearance over monument 1.8 miles 1954. More than 2 engines N of airport. Major change: New format. All T-dn •200-J4 *300-1 required on Runways 9 and 27. All C-dn 600-134 • Air Carrier N otes: Sections 26B and 28 of Op­ 36 S-d3 200-34 erations Specifications not applicable to Run­ All A-dn 600-2 ways 9 and 27.

These procedures shall become effective on the dates indicated in Column 1 of the procedures. (Sec. 206, 52 Stat. 984, as amended; 49 U. S. C. 425. In terp ret or apply sec. 601, 52 Stat. 1007, as amended; 49 U. S. C. 551)

[SEAL] F. B. Lee, Administrator of Civil Aeronautics. [F. R. Doc. 55-2702; Filed, Apr. 6, 1955; 8:55 a. m ]. 2192 RULES AND REGULATIONS

TITLE 15— COMMERCE AND filed for each Schedule B number and (iii) License applications covering broken down by countries of destination copper-base alloy scrap (new and old). FOREIGN TRADE and shall cover the quantity in Sched­ Schedule B No. 644000, shall include the ule B units of exports from the United copper content of the scrap. Chapter III— Bureau of Foreign Com­ States made during the fourth calendar merce, Department of Commerce quarter of 1953 and the calendar year Subparagraphs (4) Validity period and 1954, where the total for such exports (5) Amendments to export licenses re­ Subchapter B— Export Regulations to all countries for each Schedule B main unchanged. [7th Gen. Rev. of Export Begs., Amdt. 24] A new subparagraph (6) is added to number was $5,000 or over for the five read as follows; P art 373—L ic en sin g P o lic ies and quarters. In preparing Form IT-or R elated S pecial P rovisions FC-821 the heading above items (c) and (6) Time for submission of applica­ and (d) shall be changed to read “4th tions. Applications for licenses to export P art 380—Am en dm en ts, E x t e n s io n s , quarter 1953” and the heading above copper scrap (new and old), Schedule B T ransfers items (e) and (f) shall read “calendar No. 641300, copper-base alloy scrap (new 1. Section 373.41 Nonferrous commodi­year 1954.” and old), Schedule B No. 644000 and ties, including ores, concentrates, or un­ (ii) In order that license applications copper-base alloy ingots and other crude refined products is amended in the for the exportation of copper-base alloy forms, Schedule B No. 644100, shall be following particulars: ingots and other crude forms, Schedule submitted in accordance with the time a. Paragraphs (b) Containing radium, B No. 644100 may be considered against schedules set forth in § 373.71. (c) Nonferrous metal alloys, (e) Nickel the available export quotas established 2. Section 373.71 Supplement 1; Time alloy and nickel-bearing cobalt scrap, for the period ending June 30, 1955, schedules for submission of applications (g) Refined copper, copper scrap and Form IT - or FC-821 must be submitted for licenses to export certain Positive copper-base alloy scrap are redesignated to the Bureau of Foreign Commerce not List commodities is amended to read as respectively as paragraphs (a), (b), (c), later than April 22, 1955. follows: and (d). b. Paragraph (d), as redesignated, is Second Quarter of 1955 * amended in the following particulars: Dept, of The title of the paragraph is amended Com­ to read: “Refined copper, copper scrap, merce Commodity Submission dates, second copper-base alloy scrap and copper-base Schedule quarter, 1955 alloy ingots and other crude forms.” B No. Subparagraph (1) General is amended to read as follows: 641300 Copper scrap (new and old)______644000 Copper-base alloy scrap (new and old)...... •Before June 1,1955 644100 Copper-base alloy ingots and other crude forms______(1) General. License applications to 619159 Selenium powder...... export refined copper in cathodes, bil­ 622098 Ferroselenium______■ . 664998 Selenium metal, except selenium-bearing scrap materials___ lets, ingots, wire bars and other crude 829810 Selenium-containing rubber compounding agents not of coal tar origin: forms (including anodes but excluding accelerators. »Mar. 1-15,1955 copperweld rods), Schedule B No. 641200 839750 Selenium salts of organic compounds ______■______' 839900 Selenium salts and compounds, including selenium dioxide______(hereinafter referred to as refined cop­ 842900 Selenium-containing pigments....______per) ; copper scrap (new and old), Sched­ ule B No. 641300; copper-base alloy scrap 1 Applications for licenses to export commodities for which no specified filing dates are announced may be submitted (new and old), Schedule B No. 644000; at any time (see § 372.5 (c)). Export applications for commodities requiring a validated license when moving in and copper-base alloy ingots and other transit through the may be submitted at any time and are not subject to specified filing dates (see crude forms, Schedule B No. 6441Q0, will Note following § 372.6 (d)). be considered for approval in accordance 3. Section 380.2 Amendments or altera­ 1945 Supp., E. O. 9919, 13 F. R. 59, 3 CFR, with the procedures described below. tions of licenses, paragraph (f ) Where to 1948 Supp.) Subparagraph (2) Refined copper, file is amended in the following par­ L oring K . M acy, Schedule B No. 641200 remains un­ ticulars: Director, changed. Subdivision (iv) of subparagraph (3) Bureau of Foreign Commerce. Subparagraph (3) Copper scrap and Amendment requests on which field of­ [F. R. Doc. 55-2888; Filed, Apr. 6, 1955; copper-base alloy scrap is amended to fices may not take action is amended to 8:54 a. m.] read as follows: . read as follows: (3) Copper scrap, copper-base alloy (iv) Requests for amendments or ex­ TITLE 31— MONEY AND scrap and copper-base alloy ingots and tensions of licenses for refined copper in other crude forms, (i) License applica­ cathodes, billets, ingots, wire bars and FINANCE: TREASURY other crude forms (including anodes) tions to export copper scrap (new and Chapter I— Monetary Offices, Depart­ old), Schedule B No. 641300, copper-base (Schedule B No. 641200), copper scrap alloy scrap (new and old), Schedule B (new and old) (Schedule B No. 641300), ment of the Treasury No. 644000 and copper-base alloy ingots copper-base alloy scrap (new and old) [1955 Dept. Circular 1] and other crude forms, Schedule B No. (Schedule B No. 644000), and copper- P art 129—Values of F oreign M oneys 644100, shall identify the foreign con­ base alloy ingots and other crude forms sumer by use of one of the applicable (Schedule B No. 644100). QUARTER BEGINNING APRIL 1, 1955 statements shown in subparagraph (d) A p r il 1, 1955. (2) (iii) above and shall include the 4. The title of § 380.5 Amendments to § 129.18 Calendar year, 1955. * * * applicable certification of availability for licetises issued for the exportation of (b) Quarter beginning April 1, 1955. export shown in subparagraph (d) (2) refined copper, copper scrap and copper- Pursuant to section 522, title IV, of the (ii) above. In addition, in order that the base alloy scrap is amended to read as Tariff Act of 1930, reenacting section 25 Bureau of Foreign Commerce may pro­ follows: “Amendments to licenses issued of the act of August 27,1894, as amended, vide an equitable basis for distributing for the exportation of refined copper, the following estimates by the Director of available export quotas for these mate­ copper scrap, copper-base alloy scrap the Mint of the values of foreign mone­ rials applicants are required to submit and copper-base alloy ingots and other tary units, are hereby proclaimed to be to the Bureau of Foreign Commerce a crude forms.” the values of such units in terms of Statement of Past Participation in Ex­ the money of account of the United ports of these commodities on Form IT- This amendment shall become effec­ States that are to be followed in esti­ or FC-821 in accordance with the pro­ tive as of April 6,1955. mating the value of all foreign mer­ cedure set forth in § 373.4. A separate (Sec. 3, 63 S tat. 7, as am ended; 50 U. S. C. chandise exported to the United States report on Form IT- or FC-821 shall be App. 2023. E. O. 9630, 10 F. R. 12245, 3 CFB, during the quarter, beginning April 1, Thursday, April 7, 1955 FEDERAL REGISTER 2193 1955, expressed in any such foreign tion, conversion shall be made at a It is ordered, Under the authority con­ monetary units: Provided, however, That value measured by such buying rate as tained in sections 4 (i) and 308 (b) of if no such value has been proclaimed, or determined and certified by the Federal the Communications Act of 1934, as if the value so proclaimed varies by 5 per Reserve Bank of New York and pub­ amended, that effective May 9, 1955, centum or more from a value measured lished by the Secretary of the Treasury § 1.320 of Part 1 of the Commission’s by the buying rate in the New York pursuant to the provisions of section 522, rules relating to applications and pro­ market at noon on the day of exporta-. title IV, of the Tariff Act of 1930. ceedings and § 12.223 of Part 12 of the Commission’s rules governing amateur The value of foreign monetary units, as shown below in terms of United States money, is the ratio between the lega gold content of the foreign unit and the legal gold content of the United States dollar. ’ It should be noted that radio service are amended as set forth this value, with respect to most countries, varies widely from the present exchange rates. Countries not having below. a legally defined gold monetary unit, or those for which current information is not available, are omitted. (Sec. 4, 48 S tat. 1066 jus amended; 47 U. S. C. 154. In terp rets or applies sec. 308, 48 S tat. Value in 1085; 47 U. S. C. 308) Monetary terms of Country unit U. S. Remarks Released: April 1, 1955. money F ederal C ommunications Colombia____ ... __ Peso____ $0.5128 Monetary Law No. 90 of Dec. 16.1948. effective Dec. 18,1948, content C o m m issio n , of peso 0.50637 gram of gold 9/10 fine. Obligation to sell gold sus­ [ seal] M ary J ane M o rris, pended Sept. 29, 1931. Secretary. Costa Rica______Colon___ . 1781 Parity of 0.158267 fine gram gold established by decree law effective Mar. 22,1947. Krone...... 4537 Conversion of notes into gold suspended Sept. 29,1931. A. Section 1.320 (c) of Part 1, Practice Dominican Republic. Peso____ 1.0000 By monetary law No. 1528 effective Oct. 9,1947, gold content of peso and Procedure, is amended by adding equal to 0.888671 gram fine. the following subparagraph: Ethiopia______Dollar.__ .4025 New unit established by Proclamation of the Emperor on May 25, 1945, effective July 23,1945. Finland______... Markka... .0426 Conversion of notes into gold suspended Oct. 12,1931. (7) FCC Form 481-1, “Application for Guatemala______Quetzal... 1.0000 Decree No. 203 of Dec. 10, 1945, defined the monetary unit as 15 5/21 Authority to Operate a Station in the grains gold 9/10 fine. Conversion of notes into gold suspended Mar. 6, 1933. Radio Amateur Civil Emergency Serv­ Gourde__ .2000 National bank notes redeemable on demand in U. S. dollars. ice.” To be used for all applications for Peru__ . ... Sol...... 4740 Conversion of notes into gold suspended May 18, 1932; exchange renewal of authorizations of radio ama­ control established Jan. 23, 1945. Philippines______Peso____ .5000 International value according to the Central Bank Act approved teur civil emergency stations. June 15,1948. Exchange control established. .4537 Conversion of notes into gold suspended Sept. 29,1931. B. Section 12.223 of Part 12, Amateur Uruguay_____ ..... Peso..—. .6583 Present gold content of 0.585018 gram fine established by law of Jan 18,1938. Conversion of notes into gold suspended Aug. 2,1914; Radio Service, is amended to read as exchange control established Sept. 7,1931. follows: Venezuela...._____ Bolivar__ .3267 Exchange control established Dec. 12, 1936. § 12.223 Filing of application. Each application for a station authorization (Sec. 522, 46 S tat. 739; 31 U. S. C. 372) or for renewal thereof shall be submitted [seal] H . Chapman R o se , on FCC Form 481-1, signed under oath Acting Secretary of the Treasury. or affirmation by the applicant and countersigned by the appropriate civil [F. R. Doc. 55-2854; Filed, Apr. 6, 1955; 8:51 a. m .] defense radio officer, who shall certify to the followings (a) That the applicant has satisfied TITLE 47— TELECOMMUNI­ Washington, D. C., on the 30th day of March 1955; all requirements (both local and federal) CATION The Commission having under con­ for participation in the civil defense or­ sideration the application form for re­ ganization and is actually enrolled as a Chapter 1—-Federal Communications newal of station license in the Radio member of .the local organization which Commission serves the area where the station will Amateur Civil Emergency Service operate. [FCC 55-3711 (RACES); and (b) That the amateur station licensed [Rules Arndts. 1-71, 12-9] It appearing, that it is desirable that each renewal of station license in the in the name of the applicant has been P art 1— P ractice and P rocedure approved for and, when authorized by RACES should receive the approval of the Commission, will actually constitute P art 12—Amateur R adio S ervice the Radio Officer in charge of the civil defense communications network of a unit of a civil defense communications In the matter of amendments of Part which the station is a part; and network in accordance with an approved 1, rules relating to applications and pro­ It further appearing, that the proper civil defense communications plan or ceedings, and Part 12, rules governing filing of an application for such renewal amendment thereof. amateur radio service, to require appli­ on FCC Form 481-1 will provide such Note: For information purposes only, not a part of the rules. Until such time as a cation for renewal of station license in approval by the Radio Officer; and revised Form 481-1 becomes available, appli­ the Radio Amateur Civil Emergency It further appearing, because the pro­ cants shall use the present form by enter­ Service 'on FCC Form 481-1; Rules posed change concerns a matter of ing the word "Renewal” at line 3 of Form Arndts. 1-71 and 12-9. agency procedure, no notice of proposed 481-1. At a session of the Federal Communi­ rule making is required by section 4 (a) [F. R. Doc. 55-2836; Filed, Apr. 6, 1955; cations Commission held at its offices in of the Administrative Procedure Act; 8:48 a. m.]

PROPOSED RULE MAKING

ATOMIC ENERGY COMMISSION 947 ff) and to section 4 (a) of the Admin­ May 8, 1948, as amended February 1, istrative Procedures Act of 1946 (P. L. 1953 (18 F. R. 619) proposed changes in [ 10 CFR Part 80 ] 404, 79th Congress) and in accordance the general rules are set forth hereunder. with § 80.5 of Title 10, Chapter I, Part A. Section 80.1 is to be revised to read G eneral R u les o p P rocedure on Ap p l i­ 80, Code of Federal Regulations, entitled as follows: cations for D etermination of R eason­ “General Rules of Procedure on Appli­ § 80.1 Scope of part. The regula­ able R oyalty F ee, J u st C ompensation , cations for Determination of Reasonable or G rant of Award for P atents, I n ­ tions in this part provide the rules of ventions or D iscoveries Royalty Fee, Just Compensation or Grant procedure to be followed by any person of Award for Patents, Inventions or Dis­ making application to the Atomic NOTICE OF PROPOSED RULE MAKING coveries”, promulgated on June 18, 1948 Energy Commission for the determina­ Pursuant to the Atomic Energy Act of and published in Volume 13, No. 91, Pages tion of a reasonable royalty fee, just 1954 (P. L. 703, 83d Congress; 68 Stat. 2487 et seq. of the F ederal R egister for compensation, or the grant of an award, No. 68---- 2 2194 PROPOSED RULE MAKING and for the consideration of such appli­ H. Section 80.21 is to be revised to (30) days from the date of publication cations pursuant to section 157 of chap­ read as follows: of this Notice of Intention in the daily ter 13 of the Atomic Energy Act of 1954 § 80.21 Recommendation for a,cquisi- issue of the F ederal R eg ister. (68 Stat. 947; 42 U. S. C. 2187) and sec­ tion "by purchase. At any time following Dated at Washington, D. C., this 30th tion 173 of chapter 15 of the Atomic En­ the filing of an application and prior day of March 1955. ergy Act of 1954 (68 Stat. 953; 42 U. S. C. to final determination, the applicant 2223). K . D. N ic h o l s, may be requested in writing to meet with General Manager. B. Paragraph (b) of § 80.2 is to be one or more members of the Commission revised to read as follows: staff to discuss the possibility of acqui­ [P. R. Doc. 55-2823; Filed, Apr. 6, 1955; (b) “Board” shall mean the Patentsition by purchase of the invention or 8:45 a. m.] Compensation Board designated by the discovery or patent or patent applica­ Commission pursuant to subsection (a) tion, as the case may be. The time pre­ of section 157 of chapter 13 of the act. scribed in § 80.22 for the filing of the FEDERAL COMMUNICATIONS response shall be extended by a time C. Section 80.4 is to be revised to read equivalent to any period in which nego­ COMMISSION as follows: tiations are being conducted (beginning [ 47 CFR Parts 2, 3 3 § 80.4 Security. In any proceeding with the initial communication to the under the regulations in this part, the applicant and ending either with ac­ [Docket No. 11329; FCC 55-402] Commission may issue any general or ceptance or rejection of a proposal or specific order, directive, or further regu­ with a written communication by the C lass B FM B roadcast S tations lation which it determines to be appro­ applicant stating that negotiations are REVISED TENTATIVE ALLOCATION PLAN priate pursuant to chapter 12 of the act to be terminated). to assure the common defense and I. There is to be added a new section In the matter of amendment of the security. designated as § 80.32 reading as follows: Revised Tentative Allocation Plan for Class B FM Broadcast Stations; Docket D. Section 80.10 (a), (b) and (c) is § 80.32 Interrogatories by the Board. No. 11329. to be revised to read as follows: The Board in its discretion may submit 1. Notice is hereby given of further § 80.10 Applicants, (a) Any person to either party interrogatories for the proposed rule making in the above-en­ claiming just compensation for any pat­ purpose of eliciting and placing upon titled matter. ent revoked in whole or in part by para­ the record any facts which the Board 2. It is proposed to amend the Revised graphs (a) and (b) of section 151 of considers relevant to the consideration Tentative Allocation Plan for Class B the act may file an application for just and disposition of the application, and FM Broadcast Stations in the following compensation. may require answers to these interroga­ manner: (b) Any owner of a patent licensed tories to be made under oath. The in­ under section 158 or subsections 153 (b) terrogatories and answers thereto shall or 153 (e) or any patent licensee there­ become part of the record. Channels under may file an application for the General area determination of a reasonable royalty J. There is to be added to § 89.50 a new Delete Add fee. paragraph designated as (c) reading as follows: .Taeksnn, Tenn. . _ ...... 284 281 (c) Any person making any invention 282 or discovery useful in the production or (c) In the event that the. application utilization of special nuclear material or and any response filed by the Office of atomic energy, who is not entitled to the General Counsel, and any answers 3. The purpose of the proposed amend­ compensation or royalty therefor under ment is to provide a Class B channel in this act, and who has complied with the to interrogatories which may be sub­ Jackson, Tennessee, thereby facilitating provisions of section 151 (c) thereof, mitted to the applicant by the Board un­ consideration of a pending application may file an application for an award. der § 80.32 disclose that the application from station WTJS-FM to change its does not present a basis for the payment channel assignment to eliminate tele­ E. There is to be added to § 80.10 a of just compensation, the determination vision interference in the Jackson area new paragraph designated as (d) read­ from its present operations. ing as follows: of a reasonable royalty fee, or the grant of an award, the Board may prepare and 4. Authority for the adoption of the (d) Any owner of a patent application serve upon the parties its proposed find­ proposed amendment is contained in sec­ that contains restricted data not be­ ings and proposed determination with tions 4 (i) , 301, 303 (c), (d), (f), and (r), longing to the United States which the a statement of the reasons or basis there­ and 307 (b) of the Communications Act Commission has communicated to any of 1934, as amended. foreign nation may make application for for, with a notice that the proposed 5. Any interested party who is of the just compensation pursuant to section findings and proposed determination will opinion that the proposed amendment 173. be entered unless the applicant or Office should not be adopted or should not be of the General Counsel, within thirty adopted in the form set forth herein, may P. Section 80.11 (c) (3) is to be revised (30) days after receipt of the notice, file with the Commission on or before to read as follows: requests a hearing upon the applica­ April 29, 1955, a written ‘statement or (3) Form and content. In the case oftion. If a hearing is requested under this brief setting forth his comments. Com­ an invention or discovery as to which a section, the hearing prescribed in § 80.40 ments in support of the proposed amend­ report has been filed with the Commis­ shall be ordered by the Board. If no ment also may be filed on or before the sion pursuant to subsection (c) of sec­ hearing is requested in response to the same date. Comments or briefs in reply tion 151 of chapter 13 of the act, a copy to the original comments may be filed of such report. notice of the proposal to enter the pro­ posed findings and proposed determina­ within 10 days from the last day for fil­ G. There is to be added to § 80.11 (c) ing said original comments or briefs. tion, the order of the Board shall be The Commission will consider all such a new subparagraph designated as (9) entered. reading as follows: comments that are submitted before tak­ ing action in this matter, and if any (9) In the case of an application for Interested persons are hereby given just compensation pursuant to section an opportunity to submit their views comments appear to warrant the hold­ 173 the ownership of the invention that or other relevant information with re­ ing of a hearing or oral argument, notice is the subject matter of the patent ap­ spect to the proposed changes in the of the time and place of such hearing plication at the time of the communica­ Rules in writing to the Atomic Energy or oral argument will be given. tion shall be set forth as well as the re­ Commission, Washington 25, D. C., At­ 6. In accordance with the provisions stricted data contained in said applica­ tention: Chief, Patent Branch, Office of § 1.764 of the Commission’s rules and tion specifically identified. of the General Counsel, within thirty regulations, an original and 14 copies of Thursday, April 7, 1955 FEDERAL REGISTER 2195 all statements, briefs, or comments shall [4 7 CFR Part 3 3 note a small transmitter operating on the be furnished the Commission. same channel as the main transmitter >■> [Docket No. 11331; FCC 55-404] and dependent on the main transmitter Adopted: March 30, 1955. T e l e v isio n B roadcast S tations for the generation of carrier frequencies Released: April 1,1955. and modulation. The amplifying trans­ NOTICE OF PROPOSED RULE MAKING mitters would have different operating F ederal C ommunications In the matter of amendment of the requirements from the main transmitter C o m m issio n , Commission’s rules and regulations gov­ and would be tailored to serve a par­ [seal] M ary J ane M o rris, erning television broadcast stations to ticular restricted area. The term “sta­ Secretary, permit the operation of co-channel am­ tion” encompasses both the main trans­ [F. R. Doc. 55-2844; Piled, Apr. 6, 1955; plifying transmitters in conjunction with mitter and one or more amplifying 8:49 a. m.] the main transmitter; Docket No. 11331. transmitters. 1. Notice is hereby given of proposed 5. During recent years, a number of rule making in the above-entitled matter. experimental operations have been con­ 2. The Commission has been concerned ducted for the purpose of obtaining data with how it can best insure the fullest with respect to the technical operation [ 47 CFR Parts 2, 3 3 development of the television industry’s of amplifying transmitters operating in [Docket No. 11286; PCC 55-401] potentialities in line with the needs and conjunction with the main UHF trans­ desires of the American public and the mitter of a , and the C lass B FM B roadcast S tations abilities and ingenuity of the American results of these tests have been made broadcasters. The Commission has available to the Commission. Radio REVISED TENTATIVE ALLOCATION PLAN noted in this connection that there are Corporation of America has conducted At a session of the Federal Communi­ substantial obstacles presently hinder­ such experiments utilizing UHF Station cations Commission held at its offices in ing the bringing of a first television serv­ WJTV on Channel 25 at Jackson, Mis­ Washington, D. C., on the 30th day of ice to many small communities as well sissippi, as the main station. This sta­ March 1955; as the expanding of multiple, competing tion was purported to be having trouble The Commission having under consid­ services in larger economic and popula­ covering the entire city of Vicksburg, eration a proposal to amend the Revised tion centers. One of the major ob­ Mississippi, located some 35 miles from Tentative Allocation Plan for Class B stacles is the failure of UHF stations, Jackson and shielded by a ridge of hills. FM Broadcast Stations; and thus far, to become fully integrated with RCA concludes on the basis of its ex­ It appearing, that notice of proposed established VHF stations into an eco­ perimentation that there are no major rule making (FCC 55-225) setting forth nomically sound, nation-wide television difficulties involved in the operation of service. The Commission noted in its amplifying transmitters as a means of the above amendment was issued by the recent Preliminary Report on the UHF providing better coverage in weak sig­ Commission on February 17, 1955 and matter to the Senate Committee on nal areas. Adler Communications Lab­ was duly published in the F ederal R eg­ Interstate and Foreign Commerce that oratories, Inc. has experimented success­ ister (20 F. R . 1156), which notice pro­ the Commission has taken, and is con­ fully with a UHF amplifying transmitter vided that interested parties might file templating, a number of specific actions in the city of Waterbury, Connecticut, statements or briefs with respect to the calculated to enhance the potentialities and Sylvania Electric Products, Inc. has said amendment on or before March 18, for television’s growth within the exist­ conducted successful tests with UHF 1955; and ing allocation system. The Commission amplifying transmitters in Emporium, It further appearing, that no com­ expressed its view that the only practi­ Pennsylvania. WSM, Inc. has contrib­ ments were received either favoring or cable course of action lies in doing what uted extensively to the general knowl­ opposing the adoption of the proposed is possible to promote the present allo­ edge on the subject as a result of similar cation plan utilizing both VHF and UHF experimentation on the VHF fre­ reallocation; channels. quencies.* It further appearing, that the imme­ 3. It has become apparent that, as 6. The Radio - Electronics - Television diate adoption of the proposed realloca­ compared with VHP, the signals from Manufacturers Association (RETMA) tion would facilitate consideration of a UHF transmitters have less tendency to has established a Committee to study pending application requesting a Class fill in areas which are not in direct line this general problem and has submitted B assignment in Norton, Virginia; of sight with the transmitting antenna. an Interim Report to the Commission. It further appearing, that authority Consequently, there are areas which, al­ The RETMA Report states that it is the for the adoption of the proposed amend­ though lying within the area that would Committee’s opinion that improved and ment is contained in sections 4 (i), 301, normally be served by a UHF station, are extended coverage can be achieved by 303 (c), (d), (f), and (r), and 307 (b) effectively “shadowed” by intervening means of amplifying transmitters with­ of the Communications Act of 1934, as terrain and are thereby deprived of serv­ out causing objectionable interference ice. One means of providing UHF tele­ to either the normal service rendered by amended; vision coverage in such shadow areas the main station, or to the service area It is ordered, That effective immedi­ may be the use of amplifying trans­ of other co-channel or adjacent-channel ately, the Revised Tentative Allocation mitters operating on the same channel stations authorized in accordance with Plan for Class B FM Broadcast Stations as the main transmitter and dependent the Table of Assignments set out in is amended as follows in respect to the upon the main transmitter for the gen­ § 3.606 of the rules. two following cities: eration of carrier frequencies and modu­ lation.1 The Commission’s rules and 7. The Commission is of the view that regulations do not presently authorize the institution of rule-making proceed­ Channels the operation of amplifying transmitters. ings looking toward the authorization of General area The purpose of this proceeding is to de­ amplifying transmitters operating in Delete Add termine whether such operation would conjunction with the main transmitter present a feasible means for increasing of a UHF television station is now war­ Norton, Va 299 Bluefieïd, W_ Va 298 the effective coverage of UHF stations by ranted. The Commission desires that filling in shadow areas within the sta­ all interested parties submit comments tions’ service area; and whether the to the Commission with respect to this Released: April 1, 1955. Commission should amend its Rules to problem in order that it may have the authorize such operation. F ederal C ommunications C o m m issio n , ' 4. For the purpose of this Notice, the 1 WSM, Inc., filed a petition on November [seal] M ary J ane M orris, term “amplifying transmitter” will de- 5, 1953, requesting th a t rule-m aking pro­ Secretary. ceedings be instituted looking toward the 1 The term “booster station” has some­ amendment of the Commission’s rules to [P. R. Doc. 55-2843; Piled, Apr. 6, 1955; times been employed to designate such provide for the operation of amplifying 8:49 a. m.] operation. transmitters. 2196 PROPOSED RULE MAKING benefit of such views prior to taking amended for such operation, and how tive hearing. The record in the Chan­ further action in this matter. the standards should be so amended? nel 8 proceeding has been closed, and 8. The Commission desires that the 8. Authority for the issuance of the an Initial Decision was issued on Novem­ comments submitted in the proceeding instant Notice is contained in sections ber 15,1954. present information and data with re­ 4 (i), 301, 303 (a), (b), (c), id), (e), 3. On September 21, 1954, West Cen­ spect to the following aspects of ampli­ (f), (g), (h), (p) and (r) and 307 (b) tral Broadcasting Company (WEEK-TV) fying transmitter operation: of the Communications Act of 1934, as and Hilltop Broadcasting Company (a) Complete technical data with re­ amended. (WTVH-TV) filed a joint petition re­ spect to amplifying transmitters and 9. Any interested person who is of the questing rule making to amend the associated equipment and operation, in­ view that the proposal herein should not Table of Assignments by reserving VHF cluding full information as to the com­ be adopted may file with the Commission Channel 8 in Peoria for noncommercial plexity and dependability of amplifiers, on or before May 20, 1955, written data, educational use in place of UHF Chan­ antennas, etc. views, or arguments setting forth his nel 37; or, in the alternative, by deleting (b) Data with respect to the extent, if comments. Comments in support of the Channel 8 from Peoria and substituting any, of the degradation caused by opera­ proposal may also be filed on or before Channel 31, 78 or 82, Channel 8 being tion of amplifying transmitters on color the same date. Comments or briefs in shifted to some other community. Op­ or monochrome signals and what reply to such original comments as may positions to the above petition were filed changes, additions or deletions would be be submitted should be filed within 20 by WIRL Television Company and required in the Commission’s rules to days from the last day for filing said WMBD, Inc., the two applicants for establish minimum separations (1) be­ original comments or briefs. No addi­ Channel 8. On November 4, 1954, the tween the amplifying transmitters and tional comments may be filed unless (1) Commission issued a Memorandum the main transmitters; (2) between specifically requested by the Commis­ Opinion and Order (FCC 54-1386) de­ amplifying transmitters of the same sion or (2) good cause for filing such nying the petitioner’s request for rule main station; (3) between amplifying additional comments is established. making. transmitters of different main stations, The Commission will consider all such 4. On December 3, 1954, West Central both co-channel and adjacent channel; additional comments submitted before Broadcasting Company and Hilltop and (4) between amplifying transmitters taking further action in this matter, and Broadcasting Company filed a Petition of one station and the transmitters of a if any comments appear to warrant the for Reconsideration requesting that the station not having amplifying transmit­ holding of a hearing, oral argument, or Commission set saide its action denying ters. demonstration, notice of the time and their request and urging that rule mak­ (c) Data relating to the cost of equip­ place of such hearing, oral argument or ing proceedings be instituted to achieve ment for such operation, including in­ demonstration will be given. deintermixture in Peoria. Oppositions to stallation and maintenance. 10. In accordance with the provisions the Petition for Reconsideration have (d) Information with respect to the of § 1.764 of the Commission’s rules and been filed by WMBD, Inc., and WIRL technical specifications required to as­ regulations, an original and 14 copies of Television Company.1 sure that only the authorized television all statements, briefs or comments shall 5. Upon reconsideration of our prior channel would be amplified by the am­ be furnished the Commission. action, we have concluded that the pub­ plifying transmitters. Adopted: March 30, 1955. lic interest, convenience and necessity (e) Information as to the technical would be served by the institution of a specifications required to assure linear Released: March 31, 1955. rule making proceeding in this matter rebroadcast of the signal and to pro­ F ederal C ommunications in order that we may afford all interested tect against the radiation of spurious C o m m issio n , parties the opportunity of presenting signals resulting from internal cross [ seal] M ary J ane M o rris, their views to the Commission and that modulation or self oscillation. Secretary. the Commission may have the benefit of (f) Information with respect to plans such views prior to taking further action. and proposals of interested persons who [F. R. Doc. 55-2848; Filed, Apr. 6, 1955; We have therefore decided to institute a intend to engage in such operation. 8:50 a. m.] rule making proceeding in this matter (g) What hours of operation should inviting all interested parties to submit be required of amplifying transmitters? their comments on petitioners’ proposal. (h) Whether amplifying transmitters 6. The Commission desires that the should be permitted to operate unat­ [ 47 CFR Part 3 1 comments filed in this proceeding direct tended; and if so, under what conditions? [Docket No. 11333; FCC 55-406] their attention and submit data, among (i) What is the maximum distance other things, to the following m atters: from the main transmiter that amplify­ T el ev isio n B roadcast S tations (a) The Grade A and Grade B con­ ing transmitters should be permitted? TABLE OF ASSIGNMENTS tours of the stations presently operating (j) What minimum power and an­ 1. Notice is hereby given that the in .Peoria, as well as the proposed Grade tenna height requirements should be Commission has received a proposal for A and Grade B contours of the VHF ap­ established for amplifying transmitter rule making in the above-entitled plicants for Channel 8. operation? matter. (b) The estimated number of families (k) What requirements should be pro­ 2. The Commission has before it for in Peoria and the surrounding area re­ vided for station identification of am­ consideration the request of two UHF siding within the service ranges of both plifying transmitters? broadcasters in Peoria, , for rule operating and potential television sta­ (l) Whether amplifying transmitters making to remove the intermixture of tions in Peoria. The information should should be required to maintain a mini­ commercial VHF and UHF assignments specify the estimated number of families mum field strength over a specific area? residing within the Grade A and Grade from Peoria. Four television channels B contours of the stations and the esti­ (m) Whether amplifying transmitters are assigned to Peoria—VHF Channel 8 should be required, or permitted, to em­ and UHF Channels 19, 37 and 43—with mated number of families beyond the ploy vertical polarization? Grade B contours capable of receiving a Channel 37 reserved for noncommercial satisfactory signal. (The basis for indi­ (n) Whether (1) the number of am­ educational use. West Central Broad­ plifying transmitters should be limited cating service beyond the Grade B con­ casting Company operates UHF Station tour should be specified.) in any particular area; (2) the number WEEK-TV on Channel 43 and Hilltop of amplifying transmitters operating in Broadcasting Company operates UHF (c) The estimated total number of conjunction with a particular main sta­ Station WTVH-TV on Channel 19. No television receivers in Peoria and the tion should be limited; and (3) whether surrounding area, including the percent­ applications have been filed for Channel age of sets capable of receiving UHF and by what manner the rules governing 37, the educational frequency. Two multiple ownership of television broad­ applications have been filed for the sole cast stations should apply to the opera­ 1 Various additional pleadings have been VHF channel in Peoria, Channel 8, by filed by the parties to this proceeding. In tion of such amplifying transmitters? WTRL Television Company and WMBD, light of our action herein instituting rule (o) Whether any technical standards Inci; and these mutually exclusive ap­ making proceedings we do not think it is prescribed by the rules should be plications are involved in a compara­ necessary to discuss these pleadings. Thursday, April 7, 1955 FEDERAL REGISTER 2197 transmissions. This information should 9. The Commission believes that sub­prior action denying their request and specify the number of sets within the sequent to the filing of written comments urging that rule-making proceedings be Grade A and Grade B contours of the in this proceeding, an oral argument be­ instituted. In their Petition for Rehear­ stations, and the number of sets beyond fore the Commission en banc would assist ing petitioners, in addition to request­ the Grade B contour that receive satis­ the Commission in reaching its final de­ ing that the educational reservation in factory transmissions from Peoria. termination. Accordingly, the Commis­ Evansville be shifted from UHF Channel (d) Insofar as data may be available, sion will specify in a subsequent notice 56 to VHF Channel 7, also request that the estimated percentage of time that set the time and place for such oral argu­ VHF Channel 9 be deleted from Hatfield, owners within the Grade B and Grade A ment and the ^particular matters to . Two applicants, Owensboro service area of Peoria stations view VHF which the oral argument will be directed. On The Air, Inc., and Owensboro Pub­ and UHF stations located outside Peoria, Adopted: March 30, 1955. lishing Company have filed applications and the quality of the signal received. for Channel 9 in Hatfield; and these Information should also be submitted in­ Released: March 31, 1955. mutually exclusive applications are in­ dicating the number and signal quality F ederal C ommunications volved in a comparative hearing. The of any outside VHF or UHF services that C o m m issio n ,1 record in the Channel 9 proceeding in may be expected to be received in Peoria [seal] M ary J ane M o rris, Hatfield was closed on January 7, 1955. and the surrounding area in accordance Secretary. Petitioners suggest that Channel 14, with the present assignment table. presently assigned to Owensboro, Ken­ (e) Data indicating whether, and to [F. R. Doc. 55-2846; Filed, Apr. 6, 1955; tucky, is available for assignment to the what extent, any areas and populations 8:49 a. m.] successful applicant in the Channel 9 surrounding Peoria would lose potential. proceeding in Hatfield. Petitioners state commercial television service in the that they seek this additional modifica­ event Channel 8 is reserved for educa­ tion in the table of assignments in order tion in Peoria or is deleted from that I 47 CFR Part 3 I to de-intermix the Evansville-Hatfield- community. Information should also be [Docket No. 11334; FCC 55-4071 Henderson-Owensboro area. Opposi­ submitted indicating what other services tions to petitioners’ Petition for Rehear­ are received in such areas, and to what T elev isio n B roadcast S tations ing and Further Request for Rule Making extent other services may be expected TABLE OF ASSIGNMENTS have been filed by the VHF applicants to be received under the present assign­ in the Channel 7 proceeding in Hat­ ment table. _ 1. Notice is hereby given that the Com­ field—Evansville Television, Inc., Con­ (f) Information indicating whether mission has received a proposal for rule solidated Television and Radio Broad­ Channel 8 can be used in another com­ making in the above-entitled matter. casters, Inc. (formerly WFBM, Inc.), munity in accordance with the Commis­ 2. The Commission has before it for On The Air, Inc., Owensboro Publishing sion’s rules and regulations if it is de­ consideration the request of two UHF Company and Owensboro On The Air, leted from Peoria. broadcasters in the Evansville, Indiana Inc. (g) Information with respect to tele­ area for rule making to remove' inter­ 5. Upon reconsideration of our prior vision network relations in Peoria, in­ mixture of VHF and UHF assignments. action, we have concluded that the pub­ cluding complete information as to Four television channels are assigned to lic interest, convenience and necessity present and proposed network affilia­ Evansville—VHF Channel 7 and UHF would be served by the institution of a tions; the extent of network programs Channels 50, 56 and 62—with Channel 56 rule-making proceeding in order that we currently received in Peoria on a regu­ reserved for non-commercial educational may afford all interested parties the op­ lar basis; the terms of existing network use. Premier Television, Inc., operates portunity of presenting their views to contracts, including cancellation provi­ Station WFIE on Channel 62 in Evans­ the Commission and that the Commis­ sions ; the prospects of UHF stations for ville, and Ohio Valley Television Co. op­ sion may have the benefit of such views continued network affiliation after au­ erates UHF Station WEHT on Channel prior to taking further action. We have thorization of a VHF station; prospec­ 50 in Henderson, , a community therefore decided to institute a rule- tive network affiliations in the event within 15 miles of Evansville. No appli­ making proceeding in this matter invit­ three commercial UHF and no commer­ cations have been filed for Channel 56, ing all interested parties to submit their cial VHF stations are authorized in the educational assignment. Three ap­ comments on petitioners’ proposal. Peoria; the availability of program ma­ plications have been filed for the sole 6. The Commission desires that the terial and advertiser support for UHF ' VHF channel in Evansville, Channel 7, comments filed in this proceeding direct stations in Peoria in the absence of net­ by Evansville Television, Inc., On The their attention and submit data, among Air, Inc., and WFBM, Inc.; and these other things, to the following matters: work programs; and information indi­ mutually exclusive applications are in­ cating the impact on future sales of volved in a comparative hearing. The (a) The Grade A and Grade B con­ UHF-equipped receivers and UHF con­ record in the Channel 7 proceeding was tours of the stations presently operating versions in the event the UHF stations closed on March 23, 1954 and an Initial in Evansville,1 as well as the proposed curtail transmission of network pro­ Decision was issued on October 6,1954. Grade A and Grade B contours of the grams. 3. On October 20, 1954, Premier Tele­ VHF applicants for Channel 7 in Evans­ 7. Authority for the issuance of this vision, Inc. (WFIE) and Ohio Valley ville and Channel 9 in Hatfield. Notice is contained in sections 4 (i), 301, Television Co. (WEHT) filed a joint peti­ (b) The estimated number of families 303 (c), (d), (f) and (r), and 30T (b) tion requesting rule making to amend in Evansville and the surrounding area of the Communications Act of 1934, as the table of assignments by shifting the residing within the service ranges of amended. educational reservation in Evansville both operating and potential stations in 8. All interested parties desiring to Evansville and Hatfield. The informa­ submit their comments with respect to from UHF Channel 56 to VHF Channel tion should specify the estimated num­ petitioners’ proposal, both in support and 7. Oppositions to the above petition ber of families residing within the Grade in opposition, may file with the Commis­ were filed by the three applicants for A and Grade B contours of the stations sion on or before May 2, 1955, written VHF Channel 7—Evansville Television, and the estimated number of families statements or briefs setting forth their Inc., On The Air, Inc., and WFBM, Inc. beyond the Grade B contours but capa­ comments. Comments or briefs in reply On January 11,1955, the Commission is­ ble of receiving a satisfactory signal. to such original comments that are filed sued a Memorandum Opinion and Order (The basis for indicating service be­ should be filed with the Commission (FCC 55-7) denying the petitioners’ re­ yond the Grade B contour should be within 10 days from the last day for quest for rule making. specified.) filing original comments. No additional 4. On February 4, 1955, Premier Tele­ (c) The estimated total number of tel­ comments may be filed unless (1) spe­ vision, Inc., and Ohio Valley Television evision receivers in Evansville and Hat­ cifically requested by the Commission, Co. filed a Petition for Rehearing and field and their surrounding areas, in- or (2) good cause for the filing of such Further Request for Rule Making re­ additional comments is established. In questing the Commission to rescind its 1 Information with respect to Henderson, accordance with § 1.764 of the rules, an Kentucky, where Station WEHT is operating original and 14 copies of all statements, 1 Dissenting statement of Commissioner on Channel 50, should also be included in briefs or comments should be submitted. Hennock filed as part of original document. connection with all of these matters. 2198 PROPOSED RULE MAKING eluding the percentage of sets capable for filing original comments or briefs. two applicants for VHF Channel 3, Ra­ of receiving UHF transmissions. This No additional comments may be filed dio Wisconsin Incorporated and Badger information should specify the number unless (1) specifically requested by the Television Company, Inc. On Novem­ of sets within the Grade A and Grade B Commission, or (2) good cause for the ber 1, 1954, the Commission issued a contours of the stations, and the num­ filing of such additional comments is memorandum Opinion and Order (FCC ber of sets beyond the Grade B contour established. In accordance with § 1.764 54-1,355) denying petitioner’s request for that receive satisfactory transmissions of the rules, an original and 14 copies of rule making. from Evansville. all statements, briefs or comments 4. On February 16, 1955, Monona (d) In so far as data may be available, should be submitted. Broadcasting Company filed a petition the estimated percentage of time that 9. The Commission believes that sub­resubmitting its request for rule mak­ set owners within the Grade A and Grade sequent to the filing of written comments ing to achieve de-intermixture in Madi­ B service areas of Evansville stations in this proceeding, an oral argument be­ son. Oppositions to Monona’s new view VHP or UHF stations located out­ fore the Commission en banc would assist petition have been filed by both Radio side Evansville, and the quality of the the Commission in reaching its final de­ Wisconsin and Badger. signal received. This data should also termination. Accordingly, the Commis­ 5. On March 30, 1955, Winnebago indicate the same information with re­ sion will specify in a subsequent Notice Television Corporation, permittee of spect to set owners ip Hatfield. Infor­ the time and place for such oral argu­ UHF Station WTVO operating on Chan­ mation should also be submitted indicat­ ment and the particular matters to nel 39 in Rockford, Illinois, filed a peti­ ing the number and signal quality of any which the oral argument will be directed. tion requesting rule making to amend outside VHP or UHF services that may be Adopted: March 30,1955. the Table of Assignments so as to assign expected to be received in Evansville and Channel 3 to Beloit, Wisconsin, by de­ Hatfield and the surrounding areas in Released: March 31, 1955. leting this assignment from Madison, accordance with the present assignment F ederal C ommunications Wisconsin, in order to achieve de-inter­ table. C o m m is s io n ,1 mixture of VHF and UHF assignments (e) Data indicating whether, and to [seal] M ary J ane M o rris, in the Rockford-Beloit and Madison what extent, any areas and populations Secretary. areas as follows: surrounding Evansville and Hatfield would lose potential commercial televi­ [F. R. Doc. 55-2845; Filed, Apr. 6, 1955; sion service in the event Channel 7 in 8:49 a. m.] Channel No. Evansville is reserved for education and City Channel 9 in Hatfield is deleted from Delete Add that community. Information should I 47 CFR Part 3 3 Madison, Wis - __ ... 3 39 also be submitted indicating what other Beloit, W is,.______3 services are received in such areas, and [Docket No. 11335; FCC 55-408] Rockford, III______39 to what extent other services may be •Fond dir Lac, Wis _ _ __ 54 63 expected to be received under the pres­ T el ev isio n B roadcast S tations ent assignment table. TABLE OF ASSIGNMENTS Petitioner further requests that the (f) Information indicating whether Commission-order it to show cause why Channel 9 in Hatfield and Channel 7 in 1. Notice is hereby given that the its outstanding authorization for Station Evansville can be used in other com­ Commission has received proposals for WTVO should not be modified to specify munities in accordance with the Com­ rule making in the above-entitled matter. operation on Channel 3 at Beloit instead mission’s rules and regulations if they 2. The Commission has before it for of on Channel 39 at Rockford. Peti­ are deleted from these communities. consideration the request of a UHF tioner further suggests that the Rock­ (g) Information with respect to tele­ broadcaster in Madison, Wisconsin, for ford area may be de-intermixed by mak­ vision network relations in Evansville rule making to remove the intermixture ing it an all-UHF area by removing and Hatfield, including complete infor­ of commercial VHF and UHF assign­ Channel 13 from Rockford, as follows: mation as to present and proposed net­ ments from Madison. Four television work affiliations; the extent of network channels are assigned to Madison—-VHF Channel No. programs currently received in these Channel 3 and UHF Channels 21, 27 and City communities on a regular basis; the 33—-with Channel 21 reserved for non­ terms of existing network contracts, in­ commercial educational use. Monona Delete Add cluding cancellation provisions; the Broadcasting Company operates UHF 13 51 prospects of UHF stations for continued television station WKOW-TV on Chan­ 13 network affiiliation after authorization nel 27; Station WMTV operates on of a VHF station; prospective network Channel 33; and non-commercial edu­ affiliations in the event no commercial cational station WHA-TV operates on 6. Since the Winnebago petition would VHF stations are authorized in Evans­ Channel 21. Two applications have delete Channel 3 from Madison, it con­ ville and Hatfield; the availability of been filed for the sole VHF channel in flicts with the foregoing request of program material and advertiser support Madison, Channel 3, by Radio Wisconsin Monona Broadcasting Company. It for UHF stations in these communities Incorporated and Badger Television should therefore be considered in this in the absence of network programs ; and Company; and these mutually exclusive proceeding. information indicating the impact on applications are involved in a compara­ 7. Upon reconsideration of our prior future sales of UHF-equipped receivers tive hearing. The record in the Channel action on the basis of the new petition and UHF conversions in the event the 3 proceeding was closed on December 22, submitted by Monona Broadcasting UHF stations curtail transmission of 1953, and an Initial Decision was issued Company and the Oppositions thereto network programs. on August 3, 1954. and the petition of Winnebago Televi­ 7. Authority for the issuance of this 3. On August 30,1954, Monona Broad­ sion Corporation, we have concluded notice is contained in sections 4 (i), 301, casting Company filed a petition request­ that the public interest, convenience and 303 (c), (d), (f) and (r), and 307 (b) ing rule making to amend the Table of necessity would be served by the institu­ of the Communications Act of 1934, as Assignments by shifting the educational tion of rule making in order that we may amended. reservation in Madison from UHF Chan­ afford all interested parties the oppor­ 8. All interested parties desiring to nel 21 to VHF Channel 3 in order to tunity of presenting their views to the submit their comments with respect to achieve de-intermixture. Monona re­ Commission and that the Commission petitioners’ proposal, both in support and quested that educational station WHA- may have the benefit of such views prior in opposition, may file with the Com­ TV be directed to show cause why it to taking further action. We have mission on or before May 2,1955, written should not shift its operation from therefore decided to institute a rule statements or briefs setting forth their Channel 21 to Channel 3. Oppositions making proceeding in this matter invit­ comments. Comments or briefs in reply to the above petition were filed by the ing all interested parties to submit their to such original comments as may be comments on petitioners’ proposals. filed should be submitted to the Com­ 1 Dissenting statement of Commissioner 8. The Commission desires that the mission within 10 days from the last day Hennock filed as part of original document. comments filed in this proceeding direct Thursday, April 7, 1955 FEDERAL REGISTER 2199 their attention and submit data, among dicating the impact on future sales of [ 47 CFR Part 3 ] other things, to the following matters: UHF-equipped receivers and UHF con­ [Docket No. 11336; FCC 55-409] (a) The Grade A and Grade B con­ versions in the event the UHF sta­ tours of the stations presently operating tions curtail transmission of network T elev isio n B roadcast S tations in Madison as well as the proposed Grade programs. TABLE OF ASSIGNMENTS A and Grade B contours of the VHP (h) Similar data and information applicants for Channel 3. with respect to the foregoing matters 1. Notice is hereby given that the Com­ (b) The estimated number of families should also be submitted in light of the mission has received proposals for rule in Madison and the surrounding area proposal of Winnebago Television Cor­ making in the above-entitled matter. residing within the service ranges of poration to shift Channel 3 from Madi­ 2. The Commission has before it for both operating and potential television son to Beloit or to shift Channel 13 from consideration the request of four UHF stations in Madison. The information Rockford to Aurora or Elgin. broadcasters in the should specify the estimated number of 8. Authority for the issuance of this Valley for rule making to remove the families residing within the Grade A and Notice is contained in sections 4 (i), 301, intermixture of commercial VHF and Grade B contours of the stations and the 303 (c), (d), (f), and (r), 307 (b) and UHF assignments from Hartford, Con­ estimated number of families beyond the 316 of the Communications Act of 1934, necticut. Three television channels are Grade B contours but capable of receiv­ as amended. assigned to Hartford—VHF Channel 3 ing a satisfactory signal. (The basis for 9. As noted above, the request of Mo­ and UHF Channels 18 and 24, with Chan­ indicating service beyond the Grade B nona Broadcasting Company would nel 24 reserved for noncommercial edu­ contour should be specified.) shift the existing authorization of edu­ cational use. General-Times Television (c) The estimated total number of cational Station WHA-TV now operating Corporation operates UHF Station television receivers in Madison and the on Channel 21 in Madison to VHF Chan­ WGTH-TV on Channel 18, and a con­ surrounding area, including the percent­ nel 3. Accordingly, Station WHA-TV is struction permit for an educational sta­ age of sets capable of receiving UHF ordered to show cause in this proceeding tion (WEDH) on Channel 24 has been transmissions. This information should why its outstanding authorization should issued to the Connecticut State Board of specify the number of sets within the not be modified to specify operation on Education. Two applications have been Grade A and Grade B contours of the Channel 3 in place of Channel 21. The filed for the sole VHF channel in Hart­ stations, and the number of sets beyond Reply to the Order to Show Cause should ford, Connecticut, Channel 3, by the the Grade B contour that receive satis­ be filed in this proceeding by the same Travelers Broadcasting Service Corpo­ factory transmissions from Madison, date for the submission of written com­ ration and Hartford Telecasting Com- - (d) Insofar as data may be available, ments herein. Winnebago Television pany, Inc.; and these mutually exclusive the estimated percentage of time that set Corporation is also ordered to show applications are involved in a compara­ owners within the Grade A and Grade B cause in this proceeding why its out­ tive hearing. The record in this pro­ service area of Madison stations view standing authorization for Station ceeding was closed on June 4, 1954, and VHP or UHF stations located outside WTVO should not be modified to specify an Initial Decision is being awaited. Madison, and the quality of the signal operation on Channel 3 in Beloit, Wis­ 3. On October 7, 1954, permittees of received. Information should also be consin, in place of Channel 39 at Rock­ four UHF television stations situated in submitted indicating the number and ford, Illinois. the Connecticut River Valley—General- signal quality of any outside VHP or UHF 10. All interested parties desiring to Times Television Corporation (WGTH- services that may be expected to be re­ submit their comments with respect to TV), Hartford; New Britain Broadcast­ ceived in Madison and the surrounding petitioners’ proposals, both in support ing Company (WHNB-TV), New Britain, area in accordance with the present As­ and in opposition, may file with the Connecticut; Hampden-Hampshire Cor­ signment Table. Commission on or before May 2, 1955, poration (WHYN-TV), Springfield, (e) Data indicating whether, and to written statements or briefs setting forth Massachusetts; and Springfield Televi­ what extent, any areas and populations their comments. Comments or briefs in sion Broadcasting Corporation (WWLP), surrounding Madison would lose poten­ reply to such original comments as may Springfield, Massachusetts—filed a joint tial commercial television service in the be filed should be submitted to the Com­ petition requesting rule making to amend event Channel 3 is reserved for educa­ mission within 10 days from the last day the Table of Assignments by shifting the tion in Madison or is deleted from that for filing original comments. No addi­ educational reservation in Hartford from community. Information should also be tional comments may be filed unless (1) UHF Channel 24 to VHF Channel 3, in submitted indicating what other serv­ specifically requested by the Commission, order to achieve a deintermixture of com­ ices are received in such areas, and to or (2) good cause for the filing of such mercial VHF and UHF channels in that what extent other services may be ex­ additional comments is established. In area. Petitioners requested that the pected to be received under the present accordance with Section 1.764 of the Connecticut State Board of Education; assignment table. Rules, an original and 14 copies of all which holds a permit to construct an (f) Information indicating whether statements, briefs or comments should educational station on Channel 24 in Channel 3 can be used in another com­ be submitted. Hartford, be directed to show cause why munity in accordance with the Commis­ 11. The Commission believes that sub­ its authorization for Station WEDH sion’s rules and regulations if it is deleted sequent to the filing of written com­ should not be modified to specify opera­ from Madison. ments in this proceeding, an oral argu­ tion on VHF Channel 3. Oppositions to ment before the Commission en banc the above petition were filed by the two (g) Information with respect to tele­ would assist the Commission in reaching competing applicants for VHF Channel vision network relations in Madison in­ its final determination. Accordingly, the 3 in Hartford, Hartford Telecasting cluding complete information as to Commission will specify in a subsequent Company, Inc., and the Travelers Broad­ present and proposed network affilia­ Notice the time and place for such oral casting Service Corporation. On Decem­ tions; the extent of network programs argument and the particular matters to ber 7, 1954, the Commission issued a currently received in Madison on a regu­ which the oral argument will be directed. Memorandum Opinion and Order (FCC lar basis; the terms of existing network 54-1506) denying petitioners’ request for contracts, including cancellation pro­ Adopted: March 30, 1955. rule making. visions; the prospects of UHF stations Released: March 31, 1955. 4. On January 5, 1955, the petitioners for continued network affiliations after filed a Petition for Reconsideration re­ authorization of a VHP station; prospec­ F ederal C ommunications questing that the Commission set aside tive network affiliations in the event C o m m is sio n ,1 its action denying their request and urg­ [seal] M ary J ane M o rris, ing that a rule making proceeding be in­ three commercial UHF and no commer­ Secretary. stituted to achieve deintermixture in the cial VHP stations are authorized in Connecticut River Valley. Oppositions Madison; the availability of program [F. R. Doc. 55-2849; Filed, Apr. 6, 1955; 8:50 a. m.] . to the above Petition for Reconsideration material and advertiser support for UHF have been filed by Hartford Telecasting stations in Madison in the absence of 1 Dissenting statement of Commissioner Company, Inc., and the Travelers Broad­ network programs; and information in­ Hennock filed as part of original document. casting Service Corporation. 2200 PROPOSED RULE MAKING 5. On March 18, 1955, Channel 16 of 8. It is noted that pursuant to Plan IV necticut River Valley in accordance with , Inc., permittee of UHF advanced by petitioner, Channel 75 the present assignment table. Station WNET on Channel 16 in Prov­ would be assigned to New Haven, Con­ (e) Data indicating whether, and to idence, Rhode Island, filed a conflicting necticut, in place of Channel 59. Con­ what extent, any areas and populations petition requesting the Commission to necticut Radio Foundation, Inc., pres­ in the Connecticut River Valley would amend the Table of Assignments by ently holds an authorization for Station lose potential commercial television shifting VHF Channel 3 from Hartford WEU-TV on this frequency. The sta­ service in the event that Channel 3 is to Westerly, Rhode Island; and request­ tion has not yet been constructed. Pe­ reserved for education in Hartford, is ing, further, that it be directed to show titioner requests that the Commission shifted to Westerly, Rhode Island, or is cause why its authorization should not direct WEU-TV to Show Cause why its otherwise deleted from Hartford. In­ be modified to specify operation on authorization should not be modified to formation should also be submitted in­ Channel 3 in Westerly in place of Chan­ specify operation on Channel 75 in place dicating what other services are received nel 16 in Providence. Petitioner urges of Channel 59. in such areas, and to what extent other that its proposal would affect a deinter­ 9. Upon reconsideration of our prior services may be expected to be received mixture of VHP and UHF assignments action, we have concluded that the pub­ under the present assignment table. in the Connecticut River Valley area. lic interest, convenience and necessity (f) Information indicating whether On March 28,1955, the Travelers Broad­ would be served by the institution of a Channel 3 can be used in Westerly, casting Service Corporation filed an rule making proceeding in order that all Rhode Island, or any other co m m u n ity Opposition to this petition. Since peti­ interested parties may be afforded the in accordance with the Commission’s tioner’s proposal conflicts with the opportunity of presenting their views to rules and regulations if deleted from request to shift the educational reserva­ the Commission and that the Commis­ Hartford. tion in Hartford from UHF Channel 24 sion may have the benefit of such views (g) Information with respect to tele­ to VHF Channel 3, it should be con­ prior to taking further action. We have, vision network relations in the Connecti­ sidered in this proceeding. therefore, decided to institute a rule cut River Valley, including complete making proceeding in this matter invit­ information as to present and proposed 6. Four channels are presently as­ ing all interested parties to submit their signed to Providence—VHF Channels 10 comments on the proposals advanced by network affiliations; the extent of net­ and 12 and UHF Channels 16 and 22— the four UHF broadcasters in the Con­ work programs currently received in the with Channel 22 reserved for non-com­ necticut River Valley and by Channel 16 Connecticut River Valley on a regular mercial educational use. Station WJAR- of Rhode Island, Inc. with respect to basis; the terms of existing network con­ TV (The Outlet Company) is operating Channel 3 in Hartford. tracts, including cancellation provisions; on VHF Channel 10 and petitioner’s 10. The Commission desires that the the prospects of UHF stations, for con­ station, WNET, operates on Channel 16. comments filed in this proceeding direct tinued network affiliation after author­ Cherry & Webb Broadcasting Company their attention to and submit data on, ization of a VHF station in Hartford; holds an STA to operate on Channel 12. among other things, the following prospective network affiliations in the An application for Channel 22, the edu­ matters: event no commercial VHF stations are cational frequency, is pending.' There (a) The Grade A and Grade B con­ authorized in Hartford; the availability are no assignments presently made to tours of the stations presently operating of program material and advertiser sup­ Westerly, a community of 12,380 persons in the Connecticut River Valley, as well port for UHF stations in the Connecticut located in the Southwest portion of as the proposed Grade A and Grade B River Valley in the absence of network Rhode Island. programs; and information indicating contours of the VHF applicants for the impact on future sales of UHF- 7. Channel 16 of Rhode Island sug­ Channel 3 in Hartford. The Grade A equipped receivers and UHF conversions gests four alternative methods for ac­ and Grade B contours of a VHF station in the event the UHF stations curtail complishing its proposal, as follows: operating at Westerly, Rhode Island, transmission of network programs. should also be indicated. 11. Authority for the issuance of this P lan I * (b) The estimated number of families in Hartford and the surrounding area re­ Notice is contained in sections 4 (i), 301, City 303 (c), (d), (f), and (r), 307 Cb) and Add Delete siding within the service ranges of both 316 of the Communications Act of 1934, operating and potential television sta­ as amended. 3 tions in Hartford. This information 47 3 12. The Connecticut State Board of 41 47 should specify the estimated number of Education presently holds an authoriza­ 29 41 families residing within the Grade A and 70 29 tion to operate educational station 64 70 Grade B contours of the station and the WEDH on Channel 24 in Hartford. One 78 64 estimated number of families beyond the of the proposals herein would shift the Grade B contour capable of receiving a operation of this station to VHF Chan­ P lan II satisfactory signal. (The basis for in­ nel 3. Accordingly, the Connecticut dicating service beyond the Grade B con­ State Board of Education is directed to Westerly, R. I . ___ _ 3 tour should be specified.) show cause in this proceeding why its Hartford, Conn____ _ 76 3 (c) The estimated total number of Northampton, Mass.. 82 36 outstanding authorization for Station Amherst, Mass_____ 42 82 television receivers in Hartford and the WEDH should not be modified to specify Norwich, Conn..___ 47 57 Connecticut River Valley; including the New Brusnwick, N. J. 41 47 operation on Channel 3 in place of Chan­ Trenton, N. J______47 41 percentage of sets capable of receiving nel 24. The proposal of Channel 16 of UHF transmissions. This information Rhode Island, Inc., contemplates Station should specify the number of sets within P lan III WNET on Channel 16 in Providence the Grade A and Grade B contours of shifting its operation to VHF Channel 3 the stations, and the number of sets be­ 3 in Westerly, Rhode Island. Accordingly, 76 3 yond the Grade B contours that receive Channel 16 of Rhode Island is directed to 82 36 64 82 satisfactory transmissions from Hart­ show cause why its outstanding author­ 74 64 ford. ization for WNET should not be modified 61 74 (d) Insofar as data may be available, to specify operation on Channel 3 in the estimated percentage of time that set Westerly in place of Channel 16 in Provi­ P lan IV owners within the Grade A and Grade dence. Finally, one of the alternative B service areas of stations in the Con­ methods for achieving the assignment of Westerlv, B. T 1 3 Channel 3 in Westerly advanced by 59 3 necticut River Valley view VHF and UHF 75 59 stations located in other areas, and the Channel 16 of Rhode Island is the sub­ Patchogue, N. Y___ __ $4 75 stitution of Channel 75 for Channel 59 quality of the signal received. Informa­ in New Haven, Connecticut. Since Con­ 1 Plan I is defective, in part, in that Channel 64 cannot tion should also be submitted indicating necticut Radio Foundation, Inc. holds a he assigned to Hammonton, N. J., with Channel 78 . the number and signal quality of any permit for Station WEU-TV on Channel assigned to Bridgeton, N. J., in view of the requirements that assignments which are separated by 14 channels outside VHF or UHF services that may 59 in New Haven, it is also directed to must have a minimum spacing of 60 miles (sound image). be expected to be received in the Con­ show cause in this proceeding why its Thursday, April 7, 1955 FEDERAL REGISTER 2201 ice. The Commission’s Notice cited its be larger for shorter distances. Such charges outstanding authorization should not be should go a long way toward making it eco­ modified to specify operation on Channel awareness of the problems of certain nomically practicable for the stations in the 75 in lieu of Channel 59. Replies to the television stations located in relatively more remote areas to obtain network aforesaid orders to show cause should be small communities at a distance from program s. filed by the same date for the submission existing program service points where, Discussions are being undertaken with a of written comments in this proceeding. under existing tariffs, the common car­ number of the broadcasting stations who 13. All interested parties desiring to rier mileage charges for connection of have previously indicated an interest in this submit their comments with respect to such stations with the networks may not service, which is described in more detail petitioners’ proposals, both in support or be commensurate with the economic in the attached memorandum. in opposition, may file with the Commis­ prospects of the stations for profitable The detailed description of the pro­ sion on or before May 2, 1955, written operation. posed service referred to in the quoted statements or briefs setting forth their 2. In response to the Commission’s portion of A. T. & T.’s letter is set forth comments. Comments or briefs in reply Notice, a number of comments were filed. below. to such original comments as may be In general the comments of broadcast­ 4. In the light of the new proposal by filed should be submitted to the Com­ ers cited the economic hardships of the A. T. & T., the Commission feels it de­ mission within 10 days from the last day stations and the high cost to them re­ sirable to obtain further comment from for filing original comments. No addi­ sulting from the tariff rates of the interested parties, in order to determine tional comments may be filed unless (1) telephone companies for television pro­ to what extent the proposed new service specifically requested by the Commission, gram transmission services. The com­ will alleviate the problems of the broad­ or (2) good cause for the filing of such ments indicated a desire on the part of casters referred to in previous comments. additional comments is established. In many stations to accomplish an inter­ Any interested party may file with the accordance with § 1.764 of the rules, an connection with other stations by receiv­ Commission on or before April 29, 1955, original and 14 copies of all statements, ing their signals off the air at a favorable a written statement or brief setting forth briefs or comments should be submitted. point and relaying such signals the his views on the matters at issue herein. 14. The Commission believes that sub­ remaining distance for broadcasting by Comments or briefs in reply to the origi­ sequent to the filing of written com­ a second station. This off-the-air pick­ nal comments may be filed within 10 ments in this proceeding, an oral argu­ up is, according to the comments, in use days from the last day for filing said ment before the Commission en banc by a majority of the broadcasters who original comments and briefs. No addi­ would assist the Commission in reaching are today authorized to operate private tional comments may be filed unless (1) its final determination. Accordingly, relay systems under the present rules. specifically requested by the Commis­ the Commission will specify in a sub­ 3. American Telephone and Telegraph sion or (2) good cause for the filing of sequent notice the time and place for Company, on December 15, 1954, filed a such additional comments is established. such oral argument, and will specify the reply to the comments of the radio The Commission will consider all such particular matters to which the oral ar­ broadcasters. In its reply, A. T. & T., comments that are submitted before tak­ gument will be directed. among other things suggested that, if ing action in this matter, and if any the off-the-air pickup method of service comments appear to warrant the holding Adopted: March 30, 1955. was acceptable to the broadcasters and of a hearing or oral argument, notice Released: March 31,1955. the public viewers, this type of service of the time and place of such hearing or could be provided by common carriers at oral argument will be given. F ederal C ommunications charges substantially less than the pres­ 5. In accordance with the provisions C o m m issio n ,1 ent charges for direct network connec­ of § 1.764 of the Commission’s rules, an [ seal] M ary J ane M o r r is, tion. In further development of this Secretary. original and 14 copies of all statements, suggestion, A. T. & T. addressed a letter briefs, or comments shall be furnished [P. R. Doc. 55-2847; Piled, Apr. 6, 1955; to the Commission, dated February 24, the Commission. 8:50 a. m.] 1955, which reads, in part, as follows: Where the stations in the smaller and Adopted: March 30, 1955. more remote areas desire a lower cost means Released: April 1, 1955. of obtaining network programs, the Tele­ F ederal C ommunications [ 47 CFR Part 4 3 phone Company will furnish an arrange­ ment, whereby programs-of a network station C o m m issio n , [Docket No. 11164; PCO 55-389] are picked up off-the-air and relayed over a [seal] M ary J ane M orris, common carrier channel to the remote sta­ Secretary. T el ev isio n Au x il ia r y B roadcast tion using lower grade facilities than em­ Off-the-air channels. This memorandum S tations ployed in the nationwide network. Consid­ describes the off-the-air channels to be fur­ FURTHER NOTICE OF PROPOSED RULE erable savings can be realized by this means nished by the Telephone Company with the MAKING through the elimination' of the faculties objective of extending network television spanning the distance between the televi­ service at lower cost to those more remote In the matter of amendment of Part sion broadcast station and pickup point, areas which, under present conditions, can­ 4 of the Commission’s rules and regula­ coupled with the elimination of the moni­ not justify the cost of direct network tions governing Television Auxiliary toring, supervision and some equipment fea­ connections. Broadcast Stations; Docket No. 11164. tures which are necessary to protect the The off-the-air arrangement involves the quality and continuity of service on the pickup of broadcast signals (video and audio) 1. On September 16, 1954, the Com­regular network facilities on which the pro­ at a receiver and the transmission of these mission issued its Notice of Proposed grams of many television stations depend. signals to the customer at a distant location. Rule Making in the above-entitled pro­ The cases for which these channels may be The more important features of this arrange­ ceeding. The Notice of September 16 found advantageous will vary widely as re­ ment are outlined below: recited that the Commission had re­ gards distances, terrain and other character­ It is contemplated that the types of con­ ceived a petition filed by North Dakota istics which affect the physical facilities struction will be selected with a view to Broadcasting Company, Inc., requesting required. Pending experience with actual permitting lower charges and it is not in­ cases, it is desirable therefore to determine tended to provide channels of the quality amendment of §§ 4.631 and 4.632 of the the charge for each channel reflecting the or reliability of directly connected facilities. Commission’s rules so as to give the Com­ particular conditions involved. The specific The channels are expected to be satisfac­ mission discretion to grant applications charge for each channel will be published as tory for “receiving only” side legs or end for private television intercity relay sta­ a tariff rate and will be filed with the Com­ links. They will not be provided for use as tions notwithstanding the fact that mission as service is required. an intermediate link between interexchange common carrier facilities may be avail­ Taking into account the savings due to channels of the Telephone Company. able. The petition stated that the cost the off-the-air feature and the further econo­ The provision of all facilities, including of common carrier facilities was in many mies mentioned above, it is estimated that the receiving equipment at the pickup point, the charges in cases involving distances of will be the responsibility of the Telephone cases prohibitive to broadcasters, and about 100 to 125 miles between the two tele­ Company; except that the provision of all that because of this fact large areas may vision stations probably will average about station equipment and station wiring, other be deprived of network television serv- half of those which would apply for direct than that necessary for the suitable termi­ connections to the network. In individual nation of the channel facilities on the cus­ 1 Dissenting statement of Commissioner cases the differences may vary substantially tomer’s premises, will be the responsibility Hennock filed as part of original document. from this average—in general they tend to of the customer. No. 68------3 2202 PROPOSED RULE MAKING No central office operation, m onitoring or procedure pending such experience is to de­ ally, and the Section in its present form supervision will be provided. termine the charge for each channel, reflect­ provides that the provisions of Subpart Emergency power arrangements will be ing the particular conditions involved. The more limited tban those furnished with regu­ specific charge for each channel will be pub­ C shall continue in effect through June lar interconnected facilities. lished as a tariff rate and filed with the Com­ 30, 1955. The design of the physical facilities, e. g., mission as service is required. 3. No changes are now being proposed the type of equipment, the spacing between The channels will provide opportunities in the other provisions of Subpart C. relay towers, and the location of the pickup for th e television stations located in th e m ore 4. The proposed amendment is issued point, will be determined by the Telephone remote areas to obtain network service at a under authority of sections 4 (i) and Company, reflecting to the fullest extent lower cost than would be involved with direct 601 (b) of the Communications Act of practicable the customer’s views in each connections to the networks. A large por­ 1934, as amended, and pursuant to the case. tion of this difference arises from the use of Channels for both monochrome and color the off-the-air pickup feature, that is, the provisions of the permits or licenses services will be available. elimination of line facilities for a consider­ granted by the President of the United The channels will be furnished for the able portion of the distance between existing States, giving the Postmaster General full time use of the customer, subject to network facilities and the customer’s loca­ authority to fix rates and charges for release for maintenance. tion, and the balance from the omission of United States Government telegraph The channels will be provided for a mini­ th e central office operation, m onitoring and communications transmitted by any mum initial period of three years. A ter­ supervision required for network facilities carrier or carriers subject to the terms mination charge will apply when the use of and of some of the equipment and features the channels is discontinued before the end which are necessary to protect the con­ of such permits or licenses, which of the initial period. tinuity of service on the regular network authority was transferred to the Com­ Reasonable diligence will be exercised by facilities on which service to a large number mission by section 601 (b) of the Com­ the Company in restoring service in the of television stations depends. These lower munications Act. event of interruptions of failures, with the charges, therefore, will be at the cost of less 5. Any interested person who is of the customer recognizing the probability of stable and less reliable pictures and the opinion that the proposed amendment greater delays than experienced with the limitations on programming inherent to the should not be adopted, or should not be normal directly connected facilities. No off-the-air feature. credit will be allowed for interruptions of adopted in the form set forth herein, may less than two hours. [P. R. Doc. 55-2850; Piled, Apr. 6, 1955; file with the Commission on or before The customer will be responsible for mak­ 8:50 a. m.] April 29, 1955, written data, views or ing all arrangements with stations, networks arguments setting forth his comments. or other parties for the necessary author­ Comments in support of the proposed izations for the off-the-air pickup and use [ 47 CFR Part 64 ] amendment may also be filed on or be­ for rebroadcast of television program mate­ fore the same date. Comments in reply rial, and the Telephone Company shall be [Docket No. 11315; FCC 55-370] indemnified and saved harmless by the cus­ to the original comments may be filed tomer from any liability arising out of C harges for U . S. G overnment within 10 days from the last day for fil­ failure to make such arrangements. T elegraph C ommunications ing said original data, views or argu­ A review of the television stations now on ments. No additional comments may the air but not connected with the nation­ term be filed unless (1) specifically requested wide network, of the construction permits In the matter of Charges for United by the Commission or (2) good cause for already granted for stations not yet on the States Government Telegraph Commu­ the filing of such additional comments air, and of applications for new stations is established. The Commission will con­ pending before the Commission, indicates a nications, amendment of Part 64 of the wide variation in the conditions under which Commission’s rules and regulations sider all such comments prior to taking the channels might be provided. Among (Miscellaneous Rules Relating to Com­ final action in this matter, and if com­ these are the distance of the customer’s mon Carriers); Docket No. 11315. ments are submitted warranting oral location from the television station whose 1. Notice is hereby given of proposed argument, notice of the time and place signals are desired to be picked up, the dis­ rule making in the above-entitled mat­ of such oral argument will be given: tance from such statio n to th e p oint at w hich ter. 6. In accordance with the provisions the receiver may be located for the pickup of satisfactory signals, the type of terrain, 2. It is proposed to amend § 64.310 of § 1.764 of the Commission’s rules, an access to sites, reliability of local power Term of Subpart C (United States Gov­ original and 14 copies of all statements, supply, etc. ernment Foreign and Overseas Tele­ briefs or comments shall be furnished the Engineering design considerations which graph Communications), of Part 64 of Commission. are affected by these conditions are the spac­ the Commission’s rules and regulations, Adopted: March 30, 1955. ing between radio relay stations, the height to read as follows: of the radio relay towers, the size and type Released: April 1,1955. of antenna system, the type of radio relay § 64.310 Term. The provisions of equipment (e. g., power output, modulation this subpart shall continue in effect F ederal C ommunications and demodulation arrangements, etc.), con­ through June 30, 1956, unless changed C o m m issio n , struction of access roads, type of emergency by order of the Commission. [seal] M ary J ane M o rris, power plant, etc. Sufficient experience with this type of construction in the more remote Reason for change: It is necessary Secretary. areas is not available to permit the evalua­ under the applicable cable landing li­ [P. R. Doc. 55-2851; Filed, Apr. 6, 1955; tion of these varied factors. The practical censes that the Commission act annu­ 8:50 a. m.]

NOTICES

DEPARTMENT OF COMMERCE F. R. 5633) is further amended by rede­ Planning Staff Division, Office of Fed­ fining the duties and responsibilities of eral Airways. Civil Aeronautics Administration the principal officers of the Office of the 1. Section 11 (b) is amended to read: [Arndt. 6] Administrator of Civil Aeronautics; es­ tablishing a Budget and Finance Office; (b) The Civil Aeronautics Administra­ O rganization and F u nction s abolishing the Budget Office and the Or­ tion shall consist of the following organi­ MISCELLANEOUS AMENDMENTS ganization and Methods Office; reassign­ zational units: ing security functions from the Office (1) Office of the Administrator, which In accordance with the public infor­ of General Services to the Office of the includes the: mation requirements of the Administra­ Assistant Administrator for Administra­ tive Procedure Act, the description of tion; reassigning accounting functions Im m ediate Office of th e A dm inistrator. the Organization and Functions of the Office of th e A ssistant A dm inistrator for from the Office of General Services to Administration. Civil Aeronautics Administration (pub­ the Budget and Finance Office; changing Office of th e A ssistant A dm inistrator for lished on April 10, 1954, in 19 F. R. 2098, the Office of General Services to the Gen­ Operations. as amended on August 17, 1954, in 19 eral Services Office; and abolishing the Office of th e A ssistant A dm inistrator for Thursday, April 7, 1955 FEDERAL REGISTER 2203 Planning, Research and Development. within and outside of the continental tion aircraft, procurement and distribu­ Office of th e Executive A ssistant. United States; exercises direction and tion of printed and reproduced material, (2) Staff and Program Offices, includ­ control over the administration of the and mail and telegraphic activities, ma­ ing: Office of Federal Airways, Office of Avia­ chine tabulation and similar activities; tion Safety, Office of Airports, and the in connection therewith, formulates pol­ General Counsel’s Office. A viation Inform ation Office. Washington National Airport. icies and programs, establishes stand­ B udget and Finance Office. (4) The Assistant Administrator for ards, and prepares instructions for both Personnel Office. Planning, Research, and Development Washington and field offices, and per­ General Services Office. discharges the functions of the Office of forms general service functions for the Office of Airports. the Administrator in the area of research Washington office. The General Serv­ Office of Aviation Safety. and development and technical program ices Office has a Supply Division, an Office of Federal Airways. planning, domestic and international; Aircraft Control Division, and a Special (3) Major Field Organizations, in­ exercises direction and control over the Services Division. cluding: administration of the Technical Devel­ 7. Section 15 (i), renumbered as 15 Regional Offices. opment and Evaluation Center; monitors

D istrict N o. 7—M ia m i, F la. rages and related facilities) when the This order shall be effective April 1, Florida counties: Brevard, Broward, Char­ term of the lease covered by the pro­ 1955. lotte, Collier, Dade, DeSoto, Glades, Hardee, posal is for five years or less and where This supersedes and cancels Order No. Hendry, Highlands, Hillsborough, Indian the annual rental specified in the lease River, Lee, Manatee, Martin, Monroe, Okee­ covered by the proposal is $3,000 or less; 27, dated October 1, 1954 (19 F. R. 8042). chobee, Osceola, Palm BeaGh, Pinellas, Polk, or [Order 55] Saint Lucie, and Sarasota. 5. To exercise or reject options to re­ Dated: March 23, 1955. D istrict N o. 8—San J tjan, P. R. new leases where the renewal term of the Pursuant to authority of Order No. All of Puerto Rico and the Virgin Islands. lease under the option is for five years or less, and the annual rental is $3,000 or 55734, dated September 21,1954 (19 F. R. 6. District Managers will be designatedless; or 6169), authority is hereby delegated to in a separate announcement. They will 6. To execute contracts or agreements Harold L. Duncan, Regional Real Estate act for and be responsible to the Re­ for garage or parking space for periods Manager, Bureau of Facilities, to take gional Operations Manager on post office of not in excess of one year where the final action, in my name, with respect matters within their Districts. Each rental is $3,000 a year, or less; or to the procurement of space for postal District Manager will be responsible for 7. To cancel contracts or agreements purposes, as follows: functions delegated to him by the Re­ for quarters for postal purposes (includ­ 1. To make agreements for space on gional Operations Manager, including ing garages and related facilities) en­ a month to month basis; or such things as: making major operating tered into or extended under authority 2. To make agreements for space for decisions within his District; recom­ of paragraphs 3 and 6 of this order; holiday or seasonal needs for fixed pe­ mending action on all supervisory ap­ riods not in excess of two months where pointments; recommending action on in the States of Arizona, Colorado, New the rental is not in excess of $10,000 a requests for funds; advising Regional Mexico, Utah, and Wyoming. month, and to make agreements for Operations Manager on District matters This order shall be effective April 1, space for fixed periods not in excess of and conditions; carrying out regional 1955. six months to meet emergency condi­ policies in the District; interpreting de­ tions where the rental is not in excess of partmental and regional policies and This supersedes and cancels Order No. $5,000 a month; or recommending changes; coordinating 26 dated October 1, 1954 (19 F. R. 8042). 3. To make lease extension agreements with other bureaus and government [Order 54] for periods of not in excess of one year agencies in the District; taking neces­ Dated: March 23, 1955. where the annual rental is $3,000 or less; sary actions on complaints; directing the or control of expenditures in the District; Pursuant to authority of Order No. 4. To accept proposals to lease quar­ and maintaining essential records. 55734, dated September 21, 1954 (19 ters for postal purposes (including (R. S. 161, 396; secs. 304, 309, 42 S tat. 24, 25, F. R. 6169), authority is hereby dele­ garages and related facilities) when the sec. 1 (b), 63 S tat. 1066; 5 U. S. C. 22, 133Z-15, gated to Arthur C. Chandler, Regional term of the lease covered by the pro­ 369) Real Estate Manager, Bureau of Facili­ posal is for five years or less and where ties, to take final action in my name, the annual rental specified in the lease [ seal] A be M cG regor G o ff, with respect to the procurement of space covered by the proposal is $3,000 or less; The Solicitor. for postal purposes as follows: or [F. R. Doc. 55-2826; Filed, Apr. 6, 1955; 1. To make agreements for space on 5. To exercise or reject options to re­ 8:46 a. m.] a month to month basis ; or new leases where the renewal term of 2. To make agreements for space for the lease under the option is for five holiday of seasonal needs for fixed years or less, and the annual rental is periods not in excess of two months $3,000 or less; or R egional R eal E state M anagers where the rental is not in excess of 6. To execute contracts or agreements $10,000 a month, and to make agree­ for garage or parking space for periods REDELEGATION OF AUTHORITY WITH RESPECT ments for space for fixed periods not in of not in excess of one year where the TO LEASES excess of six months to meet emergency annual rental is $3,000, or less; or The following is the text of various conditions where the rental is not in 7. To cancel contracts or agreements orders of the Assistant Postmaster Gen­ excess of $5,000 a month; or for quarters for postal purposes (in­ eral, Bureau of Facilities, relative to the 3. To make lease extension agree­ cluding garages and related facilities) above subject: ments for periods of not in excess of entered into or extended under author­ [Order 53] one year where the annual rental is ity of paragraphs 3 and 6 of this order; $3,000 or less; or Dated: March 23, 1955. 4. To accept proposals to lease quar­ in the States of Idaho, Montana, Oregon, Washington and the Territory of Alaska. Pursuant to authority of Order No. ters for postal purposes (including ga­ 55734, dated September 21, 1954 (19 rages and related facilities) when the This order shall be effective April 1, F. R. 6169), authority is hereby delegated term of the lease covered by the pro­ 1955. to Ben A. Brock, Regional Real Estate posal is for five years or less and where This supersedes and cancels Order No. Manager, Bureau of Facilities, to take the annual rental specified in the leàse 28, dated October 1,1954 (19 F. R. 8042). covered by the proposal is $3,000 or less; final action, in my name, with respect to [Order 56] the procurement of space for postal pur­ or poses, .as follows: 5. To exercise or reject options to re­ Dated: March 23, 1955. new leases wliere the renewal term of 1. To make agreements for space on Pursuant to authority of Order No. a ihonth to month basis; or the lease under the option is for five years or less, and the annual rental is 55734, dated September 21,1954 (19 F. R. 2. To make agreements for space for $3,000 or less; or 6169), authority is hereby delegated to holiday or seasonal needs for fixed pe­ 6. To execute contracts or agreements Frank A. Gilbert, Regional Real Estate riods not in excess of two months where for garage or parking space for periods Manager, Bureau of Facilities, to take the rental is not in excess of $10,000 a of not in excess of one year where the final action, in my name, with respect month, and to make agreements for annual rental is $3,000, or less; or to the procurement of space for postal space for fixed periods not in excess of purposes, as follows: six months to meet emergency condi­ 7. To cancel contracts or agreements 1. To make agreements for space on tions where the rental is not in excess of for quarters for postal purposes (includ­ a month to month basis; or $5,000 a month; or ing garages and related facilities) en­ 2. To make agreements for space for 3. To make lease extension agreements tered into or extended under authority holiday or seasonal needs for fixed pe­ for periods of not in excess of one year of paragraphs 3 and 6 of this order; riods not in excess of two months where where the annual rental is $3,000 or less; in the States of Illinois (except Henry, the rental is not in excess of $10,000 a or Rock Island and Whiteside Counties), month, and to make agreements for 4. To accept proposals to lease quar­ Michigan, Wisconsin, and Lake County space for fixed periods not in excess of ters for postal purposes (including ga­ in the State of Illinois. six months to meet emergency condi- Thursday, April 7, 1955 FEDERAL REGISTER 2207 tions where the rental is not in excess 7. To cancel contracts or agreementsthe procurement of space for postal pur­ of $5,000 a month ; or for quarters for postal purposes (includ­ poses, as follows: 3. To make lease extension agree­ ing garages and related facilities) en­ 1. To make agreements for space on ments for periods of not in excess of one tered into or extended under authority a month to month basis; or year where the annual rental is $3,000 of paragraphs 3 and 6 of this order; 2. To make agreements for space for or less; or in the .States of Kansas, Nebraska, Okla­ holiday or seasonal needs for fixed pe­ 4. To accept proposals to lease quar­ homa, and the City of Kansas City in the riods not in excess of two months where ters for postal purposes (including ga­ State of Missouri. the rental is not in excess of $10,000 a rages and related facilities) when the month, and to make agreements for term of the lease covered by the pro­ This order shall be effective April 1, space for fixed periods not in excess of posal is for five years or less and where 1955. six months to meet emergency conditions the annual rental specified in the lease This supersedes and cancels Order No. where the rental is not in excess of covered by the proposal is $3,000 or less; 31, dated October 1,1954 (19 F. R. 8042). $5,000 a month; or or 3. To make lease extension agreements 5. To exercise or reject options to [Order 58] for periods of not in excess of one year renew leases where the renewal term of Dated: March 23, 1955. where the annual rental is $3,000 or less; the lease under the option is for five or years or less, and the annual rental is Pursuant to authority of Order No. 4. To accept proposals to lease quarters $3,000 or less; or 55734, dated September 21, 1954 (19 for postal purposes (including garages 6. To execute contracts or agreements F. R. 6169), authority is hereby delegated and related facilities) when the term of for garage or parking space for periods to Robert W. Jones, Regional Real Es­ the lease covered by the proposal is for of not in excess of one year where the tate Manager, Bureau of Facilities, to five years or less and where the annual annual rental is $3,000 or less; or take final action, in my name, with re­ rental specified in the lease covered by 7. To cancel contracts or agreements spect to the procurement of space for the proposal is $3,000 or less ; or for quarters for postal purposes (includ­ postal purposes, as follows: 5. To exercise or reject options to re­ ing garages and related facilities) en­ 1. To make agreements for space on a new leases where the renewal term of tered into or extended under authority month to month basis; or the lease under the option is for five years of paragraphs 3 and 6 of this order; 2. To make agreements for space for or less, and the annual rental is $3,000 or holiday or seasonal needs for fixed pe­ less; or in the States of Arkansas, Iowa, Missouri riods not in excess of two months where (except the City of Kansas City) and 6. To execute contracts or agreements the rental is not in excess of $10,000 a for garage or parking space for periods Henry, Rock Island and Whiteside Coun­ month, and to make agreements for ties in the State of Illinois. of not in excess of one year where the space for fixed periods not in excess of annual rental is $3,000 or less; or This order shall be effective April 1, six months to meet emergency conditions 7. To cancel contracts or agreements 1955. where the rental is not in excess of for quarters for postal purposes (in­ $5,000 a month; or cluding garages and related facilities) This supersedes and cancels Order No. 3. To make lease extension agree­ 30, dated October 1,1954 (19 F. R. 8042). entered into or extended under author­ ments for periods of not in excess of one ity of paragraphs 3 and 6 of this order; [Order 57[ year where the annual rental is $3,000 or less; or in the States of Indiana (except Lake Dated: March 23, 1955. 4. To accept proposals to lease quar­ County), Kentucky and Ohio. Pursuant to authority of Order No. ters for postal purposes (including ga­ This order shall be effective April 1, 55734, dated September 21,1954 (19 F. R. rages and related, facilities) when the 1955. 6169), authority is hereby delegated to term of the lease covered by the pro­ Thomas G. Jay, Regional Real Estate posal is for five years or less and where This supersedes and cancels Order Manager, Bureau of Facilities, to take No. 33, dated October 1, 1954 (19 F. R. the annual rental specified in the lease 8042). final action, in my name, with respect covered by the proposal is $3,000 or less; [Order 60] to the procurement of space for postal or purposes, as follows: 5. To exercise or reject options to re­ Dated: March 23, 1955. 1. To make agreements for space on a new leases where the renewal term of Pursuant to authority of Order No. month to month basis; or the lease under the option is for five 55734, dated September 21,1954 (19 F. R. 2. To make agreements for space for years or less, and the annual rental is 6169), authority is hereby delegated to holiday or seasonal needs for fixed pe­ $3,000 or less; or Arthur J. Parsons, Regional Real Estate riods not in excess of two months where 6. To execute contracts or agreements Manager, Bureau of Facilities, to take the rental is not in excess of $10,000 a for garage or parking space for periods final action, in my name, with respect month, and to make agreements for of not in excess of one year where the to the procurement of space for postal space for fixed periods not in excess of annual rental is $3,000 or less; or purposes, as follows: six months to meet emergency condi­ 7. To cancel contracts or agreements 1. To make agreements for space on tions where the rental is not in excess of for quarters for postal purposes (includ­ a month to month basis; or $5,000 a month; or ing garages and related facilities) en­ 2. To make agreements for space for 3. To make lease extension agreements tered into or extended under authority holiday or seasonal needs for fixed pe­ for periods of not in excess of one year of paragraphs 3 and 6 of this order; riods not in excess of two months where where the annual rental is $3,000 or less; the rental is not in excess of $10,000 a or in the States of Connecticut, Maine, month, and to make agreements for 4. To accept proposals to lease quar­ Massachusetts, New Hampshire, Rhode space for fixed periods not in excess of ters for postal purposes (including Island and . six months to meet emergency condi­ garages and related facilities) when the tions where the rental is not in excess term of the lease covered by the pro­ This order shall be effective April 1, 1955. of $5,000 a month; or posal is for five years or less and where 3. To make lease extension agreements the annual rental specified in the lease This supersedes and cancels Order No. for periods of not in excess of one year covered by the proposal is $3,000 or less; 32, dated October 1,1954 (19 F. R. 8042). or where the annual rental is $3,000 or [Order 59] less; or 5. To exercise or reject options to re­ 4. To accept proposals to lease quarters new leases where the renewal term of Dated: March 23, 1955. for postal purposes (including garages the lease under the option is for five and related facilities) when the term of years or less, and the annual rental is Pursuant to authority of Order No. the lease covered by the proposal is for $3,000 or less; or 55734, dated September 21,1954 (19 F. R. five years or less and where the annual 6. To execute contracts or agreements 6169), authority is hereby delegated to rental specified in the lease covered by for garage or parking space for periods John W. Meinhart, Regional Real Estate the proposal is $3,000 or less; or of not in excess of one year where the Manager, Bureau of Facilities, to take 5. To exercise or reject options to re­ annual rental is $3,000 or less; or final action, in my name, with respect to new leases where the renewal term of the 2208 NOTICES lease under the option is for five years [Order 62] year where the annual rental is $3,000 or less, and the annual rental is $3,000 Dated: March 23, 1955. or less; or or less; or 4. To accept proposals to lease quar­ 6. To execute contracts or agreements Pursuant to authority of Order No. ters for postal purposes (including ga­ for garage or parking space for periods 55734, dated September 21, 1954 (19 rages and related facilities) when the of not in excess of one year where the P. R. 6169), authority is hereby dele­ term of the lease covered by the pro­ annual rental is $3,000 or less; or gated to John K. Witherspoon, Regional posal is for five years or less and where 7. To cancel contracts or agreements Real Estate Manager, Bureau of Facili­ the annual rental specified in the lease for quarters for postal purposes (includ­ ties, to take final action, in my name, covered by the proposal is $3,000 or less; ing garages and related facilities) en­ with respect to the procurement of space or tered into or extended under authority for postal purposes, as follows: 5. To exercise or reject options to re­ of paragraphs 3 and 6 of this order; 1. To make agreements for space on a new leases where the renewal term of in the States of Pennsylvania, New Jersey month to month basis; or the lease under the option is for five (except Hudson and Bergen Counties) 2. To make agreements for space for years or less, and the annual rental is and Newcastle County in the State of holiday or seasonal needs for fixed pe­ $3,000 or less; or Delaware. riods not in excess of two months where 6. To execute contracts or agreements the rental is not in excess of $10,000 a for garage or parking space for periods This order shall be effective April 1, month, and to make agreements for of not in excess of one year where the 1955. space for fixed periods not in excess of annual rental is $3,000 or less; or This supersedes and cancels Order No. six months to meet emergency condi­ 7. To cancel contracts or agreements 34, dated October 1, 1954 (19 F. R. 8042). tions where the rental is not in excess for quarters for postal purposes (includ­ of $5,000 a month; or [Order 61] ing garages and related facilities) en­ 3. To make lease extension agreements tered into or extended under authority Dated: March 23, 1955. for periods of not in excess of one year of paragraphs 3 and 6 of this order; where the annual rental is $3,000 or less; Pursuant to authority of Order No. or in the States of California and Nevada, 55734, dated September 21,1954 (19 P. R. 4. To accept proposals to lease quar­ the Territory of Hawaii, Samoa, Guam, 6169), authority is hereby delegated to ters for postal purposes (including ga­ Canton Island, Caroline Islands, Mari­ Lloyd A. Sifford, Jr., Regional Real Es­ rages and related facilities) when the ana Islands, Marshall Islands and Wake tate Manager, Bureau of Facilities, to term of the lease, covered by the pro­ Island. take final action in my name, with re­ posal is for five years or less and where This order shall be effective April 1, spect to the procurement of space for the annual rental specified in the lease 1955. postal purposes, as follows: covered by the proposal is $3,000 or less; 1. To make agreements for space on or This supersedes and cancels Order No. a month to month basis; or 5. To exercise or reject options to re­ 37, dated October 1,1954 (19 P. R. 8042). 2. To make agreements for space for new leases where the renewal term of [Order 64] holiday or seasonal needs for fixed pe­ the lease under the option is for five riods not in excess of two months where years or less, and the annual rental is Dated: March 23, 1955. the rental is not in excess of $10,000 a $3,000 or less; or Pursuant to authority of Order No. month, and to make agreements for 6. To execute contracts or agreements 55734, dated September 21,1954 (19 P. R. space for fixed periods not in excess of for garage or parking space for periods 6169), authority is hereby delegated to six months to meet emergency condi­ of not in excess of one year where the Arba P. DeWitt, Regional Real Estate tions where the rental is not in excess of annual rental is $3,000 or less; or Manager, Bureau of Facilities, to take $5,000 a month; or 7. To cancel contracts or agreements final action, in my name, with respect 3. To make lease extension agree­ for quarters for postal purposes (includ­ to the procurement of space for postal ments for periods of not in excess of one ing garages and related facilities) en­ purposes, as follows: year where the annual rental is $3,000 tered into or extended under authority 1. To make agreements for space on or less; or of paragraphs 3 and 6 of this order; a month to month basis; or 4. To accept proposals to lease quar­ 2. To make agreements for space for ters for postal purposes (including ga­ in the States of Alabama, Mississippi, holiday or seasonal needs for fixed pe­ rages and related facilities) when the and Tennessee. riods not in excess of two months where term of the lease covered by the pro­ This order shall be effective April 1, the rental is not in excess of $10,000 a posal is for five years or less and where 1955. month, and to make agreements for the annual rental specified in the lease space for fixed periods not in excess of covered by the proposal is $3,000 or less; This supersedes and cancels Order No. six months to meet emergency condi­ or 36, dated October 1,1954 (19 P. R. 8042). tions where the rental is not in excess ' 5. To exercise or reject options to re­ [Order 63] of $5,000 a month; or new leases where the renewal term of Dated: March 23, 1955. 3. To make lease extension agreements the lease under the option is for five for periods of not in excess of one year years or less, and the annual rental is Pursuant to authority of Order No. where the annual rental is $3,000 or $3,000 or less; or 55734, dated September 21, 1954 (19 less; or 6. To execute contracts or agreements P. R. 6169), authority is hereby delegated 4. To accept proposals to lease quar­ to Harold J. Cooke, Regional Real Es­ ters for postal purposes (including for garage or parking space for periods tate Manager, Bureau of Facilities, to garages and related facilities) when the of not in excess of one year where the take final action, in my name, with re­ term of the lease covered by the proposal annual rental is $3,000 or less; or spect to the procurement of space for is for five years or less and where the 7. To cancel contracts or agreements postal purposes, as follows: annual rental specified in the lease cov­ for quarters for postal purposes (includ­ 1. To make agreements for space on ered by the proposal is $3,000 or less; or ing garages and related facilities) en­ a month to month basis; or 5. To exercise or reject options to re­ tered into or extended under authority 2. To make agreements for space for new leases where the renewal term of the of paragraphs 3 and 6 of this order; holiday or seasonal needs for fixed pe­ lease under the option is for five years or riods not in excess of two months where less, and the annual rental is $3,000 or in the States of Florida, Georgia, North the rental is not in excess of $10,000 a less; or Carolina and South Carolina and Puerto month, and to make agreements for 6. To execute contracts or agreements Rico and the Virgin Islands. space for fixed periods not in excess of for garage or parking space for periods This order shall be effective April 1, six months to meet emergency condi­ of not in excess of one year where the 1955. tions where the rental is not in excess annual rental is $3,000 or less; or of $5,000 a month; or 7. To cancel contracts or agreements This supersedes and cancels Order No. 3. To make lease extension agree­ for quarters for postal purposes (includ­ 35, dated October 1, 1954 (19 P. R. 8042). ments for periods of not in excess of one ing garages and related facilities) en- Thursday, April 7, 1955 FEDERAL REGISTER 2209 tered into or extended under authority $10,000 a month, and to make agree­ 7. To cancel contracts or agreements of paragraphs 3 and 6 of this order; ments for space for fixed periods not in. for quarters for postal purposes (includ­ in the States of Louisiana and Texas. excess of six months to meet emergency ing garages and related facilities) en­ conditions where the rental is not in. tered into or extended under authority This order shall be effective April 1, excess of $5,000 a month; or of paragraphs 3 and 6 of this order; 1955. 3. To make lease extension agree­ in the District of Columbia and the This supersedes and cancels Order No. ments for periods of not in excess of States of Maryland, Virginia and West 38, dated October 1,1954 (19 F. R. 8042). one year where the annual rental is $3,000 or less; or Virginia and Kent and Sussex Counties [Order 65] 4. To accept proposals to lease quar­ in the State of Delaware. Dated: March 23, 1955. ters for postal purposes (including ga­ This order shall be effective April 1, rages and related facilities) when the 1955. Pursuant to authority of Order No. term of the lease covered by the proposal 55734, dated September 21,1954 (19 F. R. is for five years or less and where the This supersedes and cancels Order No. 6169), authority is hereby delegated to annual rental specified in the lease cov­ 29, dated October 1,1954 (19 F. R. 8042). James M. Murphy, Regional Real Estate ered by the proposal is $3,000 or less; or [Order 68] Manager, Bureau of Facilities, to take 5. To exercise or reject options to re­ Dated: March 23, 1955. final action, in my name, with respect to new leases where the renewal term of the procurement of space for postal pur­ the lease under the option is for five Pursuant to authority of Order No. poses, as follows: years or less, and the annual rental is 55734, dated September 21,1954, (19 F. R. 1. To make agreements for space on a $3,000 or less; or 6169), authority is hereby delegated to month to month basis; or 6. To execute contracts or agreements Charles H. Carle, Chief, Post Office 2. To make agreements for space for for garage or parking space for periods Quarters Section, Division of Real Es­ holiday or seasonal needs for fixed pe­ of not in excess of one year where the tate, Bureau of Facilities, to take final riods not in excess of two months where annual rental is $3,000 or less; or action, in my name, with respect to the the rental is not in excess of $10,000 a 7. To cancel contracts or agreements procurement of space for postal pur­ month, and to make agreements for for quarters for postal purposes (includ­ poses, as follows : space for fixed periods not in excess of ing garages and related facilities) en­ 1. To make agreements for space on a six months to meet emergency conditions tered into or extended under authority month to month basis; or where the rental is not in excess of $5,000 of paragraphs 3 and 6 of this order; 2. To make agreements for space for a month; or holiday or seasonal needs for fixed pe­ 3. To make lease extension agreements in the State of New York, and Hudson riods not in excess of two months where for periods of not in excess of one year and Bergen Counties in the State of New the rental is not in excess of $10,000 a where the annual rental is $3,000 or less; Jersey. month, and to make agreements for or This order shall be effective April 1, space for fixed periods not in excess of 4. To accept proposals to lease quar­ 1955. six months to meet emergency condi­ ters for postal purposes (including tions where the rental is not in excess garages and related facilities) when the This supersedes and cancels Order No. of $5,000 a month; or term of the lease covered by the proposal 25, dated October 1,1954 (19 F. R. 8042). 3. To make lease extension agree­ is for five years or less and where the [Order 67] ments for periods of not in excess of one annual rental specified in the lease cov­ year where the annual rental is $3,000 ered by the proposal is $3,000 or less; or Dated: March 23,1955. or less; or 5. To exercise or reject options to re­ Pursuant to authority of Order No. 4. To accept proposals to lease quar­ new leases where the renewal term of 55734, dated September 21,1954 (19 F.R. ters for postal purposes (including ga­ the lease under the option is for five years 6169), authority is hereby delegated to rages and related facilities) when the or less, and the annual rental is $3,000 H. Brooks Perring, Acting Regional Real term of the lease covered by the pro­ or less; or Estate Manager, Bureau of Facilities, to posal is for five years or less and where 6. To execute contracts or agreements take final action, in my name, with re­ the annual rental specified in the lease for garagip or parking space for periods spect to the procurement of space for covered by the proposal is $3,000 or less; of not in excess of one year where the postal purposes, as follows: or annual rental is $3,000 or less; or 1. To make agreements for space on a 5. To exercise or reject options to re­ 7. To cancel contracts or agreements month to month basis; or new leases where the renewal term of for quarters for postal purposes (in­ 2. To make agreements for space for the lease under the option is for five cluding garages and related facilities) holiday or seasonal needs for fixed years or less, and the annual rental is entered into or extended under authority periods not in excess of two months $3,000 or less; or of paragraphs 3 and 6 of this order: where the rental is not in excess of 6. To execute contracts or agreements $10,000 a month, and to make agreements for garage or parking space for periods in the States of Minnesota, North Da­ for space for fixed periods not in excess of not in excess of one year where the kota and South Dakota. of six months to meet emergency con­ annual rental is $3,000 or less; or This order shall be effective April 1, ditions where the rental is not in excess 7. To cancel contracts or agreements 1955. of $5,000 a month; or for quarters for postal purposes (includ­ This supersedes and cancels Order No. 3. To make lease extension agreements ing garages and related facilities) en­ 39, dated October 1,1954 (19 F. R. 8042). for periods of not in excess of one year tered into or extended under authority where the annual rental is $3,000 or of paragraphs 3 and 6 of this order; [Order 66] less; or 4. To accept proposals to lease quar­ throughout the United States and its Dated: March 23, 1955. ters for postal purposes (including Possessions, including Guam. Pursuant to authority of Order No. garages and related facilities) when the This order shall be effective April 1, 55734, dated September 21,1954 (19 F. R. term of the lease covered by the proposal 1955. 6169), authority is hereby delegated to is for five years or less and where the Henry A. Kresse, Acting Regional Real annual rental specified in the lease cov­ This supersedes and cancels Order No. Estate Manager, Bureau of Facilities, to ered by the proposal is $3,000 or less; or 42, dated November 5, 1954 (19 F. R. take final action, in my name, with re­ 5. To exercise or reject options to re­ 8042). spect to the procurement of space for new leases where the renewal term of the (R. S. 161, 396; secs. 304, 309, 42 S tat. 24, 25, postal purposes, as follows: lease under the option is for five years or sec. 1 (b), 63 S tat. 1066; 5 U. S. C. 22, 133z- 1. To make agreements for space on a less, and the annual rental is $3,000 or 15,369). month to month basis; or less; or 2. To make agreements for space for 6. To execute contracts or agreements [ seal] A be M cG regor G o f f , holiday or seasonal needs for fixed for garage or parking space for periods The Solicitor. Periods not in excess of two months of not in excess of one year where the [F. R. Doc. 55-2889; Filed. Apr. 6, 1955; where the rental is not in excess of annual rental is $3,000 or less; or 8:54 a. m.] No. 68------4 2210 NOTICES

DEPARTMENT OF THE INTERIOR W ashington First Thought Lookout Administrative Site NOTICE OF PROPOSED WITHDRAWAL AND T. 39 N., R. 37 E., Sec. 7, NE&SWÎ4. Bureau of Land Management RESERVATION OF LANDS Alaska A p r il 1,1955. Total area, 40 acres. SHORES PACE RESTORATION ORDER NO. 52 4 An application, serial number W- Churchill Lookout Administrative Site M arch 30, 1955. 01619, for the withdrawal from all forms T. 40 N., R. 38 E., Sec. 18, Lots 2, 3, SEÎ4NWÎ4, N E & SW ^. By virtue of the authority contained of appropriation under the public land laws, including the mining laws of the Total area, 164.16 acres. in the Act of June 5,1920 (41 Stat. 1059 ; United States, of the lands described 48 U. S. C. 372), and pursuant to Dele­ below was filed on October 12, 1954, by Dominion Lookout Administrative Site gation of Authority contained in section The Department of Agriculture, Forest T. 36 N„ R. 40 E., 1.5 (c) Part 1 of Order No. 541 of April Service, Missoula, Montana. The pur­ Sec. 34, NE&. 21, 1954, it is ordered as follows: poses of the proposed withdrawal: To Beginning at 10:00 a. m. on the 21st provide for and protect administrative Total area, 160 acres. day after the date of this order the 80- Roger Lookout Administrative Site rod shorespafe reserves created under sites, public service sites, recreation the act of May 14,1890 (30 Stat. 409), as sites. T. 37 N., R. 40 E., amended by the act of March 3,1903 (32 For a period of 30 days from the date Sec. 3, Lots 9, 10, 15, 16. of the Interior, at Room 209,v Federal Total area, 160 acres. Stat., 1028; 48 U. S. C. 371), as they exist having cause to object to the proposed now or as they may hereafter be created withdrawal may present their objections Huckelberry Lookout Administrative Site by the initiation of claims under the in writing to the State Supervisor, Bu­ T. 38 N., R. 42 E., public land laws are hereby revoked in­ reau of Land Management, Department Sec. 29, NWÎ4SWÎ4; sofar as applicable to the following de­ Sec. 30, N E ^ S E ^ . scribed lands. Subject to valid existing of the Interior, at Room 209, Federal Building, Spokane, Washington. In Total area, 80 acres. rights, the provisions of existing with­ case any objection is filed and the nature drawals, the requirements of applicable of the opposition is such as to warrant Chewelah Lookout Administrative Site law, and the 91-day preference right it, a public hearing will be held at a con­ T. 32 N., R. 41 E., filing period for veterans, and other Sec. 12, SE14. qualified persons entitled to preference venient time and place, which will be under the act of September 27, 1944 (58 announced, where opponents to the order Total area, 160 a,cres. Stat. 747; 43 U. S. C. 279-284), the fol­ may state their views and where pro­ lowing lands are hereby restored to ponents of the order can explain its Marble Lookout Administrative Site entry under the public land laws: purpose. Unsurveyed T. 39 N., R. 35 E., The determination of the Secretary on What will be, when surveyed: Anchorage Land District the application will be published in the Sec. 4, Ey2SW14, W ^SEft. A tract of land located at Portage, Alaska, F ederal R egister, either in the form of Total area, 160 acres. and situated on the Turnagain Arm of Cook a public land order or in the form of a Inlet more particularly described as being Notice of Determination if the applica­ White Lookout Administrative Site that parcel of land bounded on the east by a tion is rejected. In either case, a sepa­ Unsurveyed T. 35 N., R. 35 E., portion of the west boundary of Tract No. rate notice will be sent to each interested What ¿will be, when surveyed: 2 as reserved by Public Land Order No. 835 Sec. 20, SW%SW%. dated May 23, 1952, bounded on th e n o rth party of record. and on the south by the north and south The lands involved in the application Total area, 40 acres. branches of Portage Creek, respectively, and are: on the west by Turnagain Arm. This parcel W ashington—W illamette M eridian Copper Butte^Lookout Administrative Site contains approximately 110 acres and is en­ COLVILLE NATIONAL FOREST T. 37 N., R. 34 E., tirely included in the homestead applica­ What will be when surveyed: tio n of R obert A. Moore, Anchorage 025857 Mill Creek Administrative Site Sec. 14, Ey2SE)4. and the headquarters site application of B. J. Goodland, Anchorage 027165. T. 36 N., R. 41 E., Total area, 80 acres. A tract of land located in the Boulder Sec. 20, SEy4NWi4, NE^SW ^, N ^SE^. Swan Lake Recreation Area Point area approximately 25 miles north of Total area, 160 acres. Kenai, Alaska, and situated on the shore of T. 35 N., R. 32 E., a lake locally known as “Daniels Lake”, more Spirit Administrative Site Sec. 20, Lots 1, 2, 3, N W ^ S E ^ : particularly described as follows: T. 38 N., R. 41 E., Sec. 29, Lots 1, 2. Sec. 9, NE)4NWi4. SEWARD MERIDIAN Total area, 219.60 acres. T. 8 N., R. 11 W., Total area, 40 acres. Ferry Lake Recreation Area Sec. 21: Lot 3; Orient Administrative Site Sec.28: E^N E^ (Unsurveyed): T. 35 N., R. 32 E., T. 39 N., R. 36 E., Sec. 21, Lots 1, 2, 3, 4. Sec.27: SW&NW& (Unsurveyed). Sec. 10, NE14SE14, S ^ S E ^ ; Aggregating approxim ately 147.00 acres. Sec. 15, N W & N E^, Sy2NE»4, E ^ K W ^ . Total area, 125.75 acres. (Application under the homestead act by Long Lake-Fish Lake Recreation Area Grant A. Ingham, Anchorage 028255.) Total area, 320 acres. Quartz Mountain Lookout Administrative T. 35 N., R. 32 E., F airbanks Land D istrict Site Sec. 28, Lots 1, 2, 3, S & N E ^; A tract of land located in the Fairbanks T. 35 N., R. 33 E.. Sec. 33, Lots 1, 2. area and situated on the Tanana River more Sec. 3, Lot 4. Total area, 584.20 acres. particularly described as follows: T. 36 N., R. 33 E., Sec. 34, SW>/4SW)4. Lake Ellen Recreation Area FAIRBANKS MERIDIAN Total area, 75.80 acres. T. 35 N., R. 36 E., T. 7 S., R. 5 E., Sec. 26, Lots 1, 2, 3, 4; Sec. 10 : Lots 12, 15, 19, and 20. Bodie Lookout Administrative Site Sec. 27, Lots 1, 2; T. 38 N., R. 32 E., Sec. 34, Lot 1; Aggregating 88.27 acres. Sec. 35, NWÎ4NW&NW&. (Homestead settlement claim of Ralph E. Sec. 6, N & Lot 3, Lot 4. Wilder, Fairbanks 09505.) Total area, 62.17 acres. Total area, 288.55 acres. L o w el l M . P u c k e tt, Jack Knife Lookout Administrative Site Pierre Lake Recreation Area Area Administrator. T. 37 N., R. 36 E., T. 39 N., R. 37 E., Sec. 8, NE}4. Sec. 5, Lots 5, 7, 8, 9, 10. [F. R. Doc. 55-2824; Filed, Apr. 6, 1955; 8:45 a. m.] Total area, 160 acres. Total area, 134.90 acres. Thursday, April 7, 1955 FEDERAL REGISTER 2211 Lake Thomas Lake Gillette Recreation Area Sherman Creek (Federal Highway No. 20) to a date later to be scheduled by the T. 36 N., R. 42 E., Roadside Zone Hearing Examiner. Sec. 17, Lot 5, S E ^ N E ^ ; A strip of land 500 feet on each side of the Sec. 20, Lot 1, SE&NWJ4; center line of Federal Highway No. 20 F ederal C ommunications through the following legal subdivisions: C o m m issio n , Total area, 161.70 acres. iCsealI M ary J ane M o rris, T. 36 N., R. 34 E„ Little Twin Lakes Recreation Area Sec. 15, SW&; Secretary. T. 35 N., R. 41 E., Sec. 16, S%; [F. R. Doc. 55-2837; Filed, Apr. 6, 1955; Sec. 4, Lot 3. Sec. 21, NEJ4; 6:48 a. m.J T. 36 N., R. 41 E., Sec. 22, All; Sec. 33, Lots 3, 4, N E& SW ft. Sec. 23, All; Sec. 24, All; Total area, 121.17 acres. Sec. 26, N V iN ^; [Docket No. 11269; FCC 55M-297] Summit Lake Recreation Area Sec. 27, NEi/4. Unsurveyed T. 36 N., R. 35 E., O h io B ell T e l eph o n e C o . T. 40 N., R. 37 E., What will be when surveyed: Sec. 17, SEÎ4 SE14: Sec. 8, SEx/4; ORDER CONTINUING HEARING Sec. 20, N E % NE 14; Sec. 9, S W ^ S W ^ ; In the matter of Ohio Bell Telephone Sec. 21, NW»4NW%. Sec. 13, SW1ASW&; Sec. 14, All; Company, Cleveland, Ohio, application Total area, 120 acres. Sec. 15, All; for construction permit for new VHF Elbow Lake Recreation Area Sec. 16, Ny2; Public Class HI-B coast station; Docket Sec. 17, All; No. 11269, File No. 5301-F1-P-H. T. 40 N., R. 38 E., Sec. 18, sy 2SE%; The Hearing Examiner having under Sec. 21, Ei/2SW^4, W^SEV4. Sec. 19, All; consideration the motion filed March 22, Sec. 20, N%; 1955, by Lorain County Radio Corpora­ Total area, 160 acres, Sec. 23, NE%NE»4; Empire Lake Recreation Area Sec. 24, All. tion, respondent herein, requesting that T. 36 N., R. 36 E., the hearing in this proceeding now T. 38 N., R. 32 É., Sec. 19, S^SVfc; scheduled for April 5,1955, be postponed Sec. 12, W»/2NE}4, NW 14SE14. Sec. 25, Sy2; until a date later to be fixed by the Hear­ Total area, 120 acres. Sec. 28, SWi4; ing Examiner, for the reason that a re­ Sec. 29, All; quest to enlarge the issues is pending Renner Lake Recreation Area Sec. 30, N y2; before the Commission which request is sec. 3 3 , NW&NW14 , sy2sy2NEy,; T. 38 N., R. 36 E .,. Sec. 34, NW14NE&, S^NEi^, NW&; unlikely to be acted on by the Commis­ Sec.- 24, w y2NEi4, E ^ N W ^ . Sec. 35, N& ; sion before the date for the hearing presently scheduled and for the further Total area, 160 acres. Sec. 36, NWy4. J. M. H o n e y w e l l , reason that counsel for Lorain County Davis Lake Recreation Area State Supervisor. Radio Corporation and the executive principals thereof have commitments T. 37 N., R. 36 E., [F. R. Doc. 55-2795; Filed, Apr. 6, 1955; conflicting with the hearing date now Sec. 3, Lot 3. 8:45 a. m.] T. 38 N., R. 36 E., scheduled; and Sec. 34, S E ^ S W ^ . It appearing that no opposition to the motion has been filed and that Commis­ Total area, 81.76 acres. FEDERAL COMMUNICATIONS sion counsel are agreeable to a grant of Pepoon Lake Recreation Area COMMISSION the motion; [Docket No. 11268; FCC 55M-296] It is ordered, This 29th day of March T. 39 N., R. 39 E., 1955, that the motion is granted; and Sec. 6, W»/2SE14. W is c o n s in T el e ph o n e C o . that the date of the hearing is post­ Total area, 80 acres. poned to a date later to be scheduled by ORDER CONTINUING HEARING the Hearing Examiner. Trout Lake Recreation Area In the matter of Wisconsin Telephone F ederal C ommunications T. 36 N., R. 36 E., Company, Milwaukee, Wisconsin, appli­ C o m m issio n , What will be, when surveyed, the following: cation for construction permit for new Sec. 11, EÎ4 SE14 ; VHP Public Class HI-B coast station; [ seal] M ary J ane M orris, Sec. 12, SW%SW*4; Docket No. 11268, File No. 5300-F1-P-H. Secretary. Sec. 13, S W ^ N W ^ ; The Hearing Examiner having under [F. R. Doc. 55-2838; Filed, Apr. 6, 1955; Sec. 14, N E ^ N E ^ . consideration the motion filed March 22, 8:48 a. m.] Total area, 200 acres. 1955, by Lorain County Radio Corpora­ tion, respondent herein, requesting that Ten Mile Campground the hearing in this proceeding now T. 35 N., R. 32 E., scheduled for April 4,1955, be postponed [Docket No. 11314; FCC 55-364] Sec. 24, Sy2NE&, Ny2SE%. until a date later to be fixed by the Hear­ S partan R adiocasting Co. (WSPA-TV) T. 35 N., R. 33 E., ing Examiner, for the reason that a re­ Sec. 19, Lot 3. quest to enlarge the issues is pending orders designating application for Total area, 197.19 acres. before the Commission which request is HEARING ON STATED ISSUES unlikely to be acted on by the Commis­ In re application of The Spartan Deer Creek Summit Campground sion before the date for the hearing Radiocasting Company (WSPA-TV), Unsurveyed T. 39 N., R. 35 E., presently scheduled and for the further Spartanburg, South Carolina, for modi­ What will be when surveyed: reason that counsel for Lorain County fication of construction permit; Docket Sec. 20, S % NE 14, N ^ S E ^ . Radio Corporation and the executive No. 11314, File No. BMPCT-2042. Total area, 160 acres. principals thereof have commitments At a session of the Federal Communi­ conflicting with the hearing date now cations Commission held at its offices in Chewelah Ski Area scheduled; and Washington, D. C. on the 30th day of T. 32 N., R. 41 E., It appearing that no opposition to the March 1955; Sec. 2, W%SW}4; motion has been filed and that Commis­ The Commission having under con­ Sec. 3, Lots 1, 2, 3, Sy,N E& , S E ^ N W ^ , sion counsel are agreeable to a grant se^4 : sideration (a) the above-entitled appli­ Sec. 10, N%NE%; of the motion; cation filed on April 6,1954 and granted Sec. 11, NW&NW&NW1/4. It is ordered. This 29 th day of March without hearing on April 30, 1954; (b) 1955, that the motion is granted; and a protest against said grant filed on May Total area, 545.78 acres. that the date of the hearing is postponed 6,1954, pursuant to section 309 (c) of the 2212 NOTICES Communications Act of 1934, as antenna location had occurred as a re­ issue its mandate in the above cases in amended, by Greenville Television Com­ sult of Spartan’s independent choice or the usual course. - pany (Greenville), permittee of television was dictated in large measure by other Released: April 1, 1955. station WGVL, Channel 23, Greenville, organizations or institutions. South Carolina; (c) a protest against (5) To determine whether the F ederal C ommunications said grant filed on June l, 1954, pursu­ changed transmitter and antenna loca­ C o m m issio n , ant to said section 309 (c) by Wilton E. tion was proposed, in large part, for the [ seal] M ary J ane M o rris, Hall (Hall), permittee of television sta­ purpose of obtaining a Columbia Broad­ Secretary. tion WAIM-TV, Channel 40, Anderson, casting System affiliation. [F. R. Doc. 55-2839; Filed, Apr. 6, 1955; South Carolina; (d) the Commission’s (6) To determine whether the use of 8:48 a. m.] Memorandum Opinions and Orders re­ Channel 7 as proposed meets the needs leased June 3, 1954 (PCC 54-692) and of communities and areas within the July 2, 1954 (PCC 54-804) denying said Spartanburg trade area. protests on the ground that the protest­ (7) To determine whether the pro­ [Docket Nos. 11317—11319; FCC 55-379] ing parties had not alleged facts show­ posed economic injury to Greenville UHF R oald W. D id r ik sen et al. ing them to be parties in interest; and stations, if any, and the loss of reception (c) the decision issued on March 24, service to portions of Spartanburg’s ORDER DESIGNATING MATTERS FOR CONSOLI­ 1955, by the United States Court of Ap­ trade area, if any, is outweighed by the DATED HEARING ON STATED ISSUES peals for the District of Columbia Cir­ need for the service proposed by Spartan. In the matter of Roald W. Didriksen, cuit in Greenville Television Company (8) To determine whether the pro­ 221 Stillings Avenue, , Cali­ v. Federal Communications Commission posed operation will be located in prac­ fornia, Docket No. 11317; Carlton R. (No. 12284) and Wilton E. Hall v. Fed­ tical effect at Greenville, South Caro­ Schwarz, 127 DuBoise Street, San Rafael, eral Communications Commission (No. lina. California, Docket No. 11318; Anthony 12356); and (9) To determine whether, in the Severdia, 239 Longford Street, South San It appearing that the United States light of the facts adduced upon the fore­ Francisco, California, Docket No. 11319; Court of Appeals for the District of Co­ going issues, public interest, conveni­ suspension of radiotelephone first class lumbia Circuit reversed the Commis­ ence or necessity would be served by a sion’s decisions and remanded the cases grant of said application.1 operator licenses. to the Commission for hearing; and At a session of the Federal Communi­ It further appearing that Hall’s pro­ The burden of proof as to each of the cations Commission held at its offices in posed issues “(a)”, “c)” and “(d)” are above issues shall be on the protestants. Washington, D. C., on the 30th day similar in substance to Greenville’s issues It is further ordered, That the prot­ of March 1955; ”7”, “i ” and “8”, respectively, and that estants herein and the Chief of the The Commission having under con­ said issues have been merged in the Broadcast Bureau are hereby made par­ sideration the suspension of the radio­ issues set forth below: ties to the proceedings herein and that telephone first class operator licenses It is ordered, That effective immedi­ (1) The hearing on the above issues issued to Roald W. Didriksen, Carlton ately, the effective date of the grant commence at 10:00 a. m. on April 25, R. Schwarz and Anthony Severdia; and of the above-entitled application is post­ 1955, before an Examiner to be specified It appearing that acting'in accordance poned pending a final determination by by the Commission; and with the provisions of section 303 (m) the Commission after hearing; and the (2) The parties to the proceedings (2) of the Communications Act of 1934, above-entitled application is designated herein shall have fifteen (15) days after as amended, each of the above-named for hearing at the offices of the Commis­ the issuance of the Examiner’s decision parties filed with the Commission within sion in Washington, D. C., on the fol­ to file exceptions thereto and seven (7) the time provided therefor an application lowing issues: days thereafter to file replies to any requesting a hearing on the Commis­ (1) To determine whether a grant of such exceptions; and sion’s orders released February 18, 1955, the application of Spartan Radiocasting (3) The appearances by the parties suspending for a period of 90 days their Company would contravene the require­ intending to participate in the above radiotelephone first class operator li­ ments of § 3.607 of the Commission’s hearing shall be filed not later than censes; and April 11, 1955. It further appearing that under the rules (47 CFR 3.607), the principles of a provisions of section 303 (m) (2) of the fair, efficient and equitable distribution It is further ordered, That this Order Communications Act of 1934, as amend­ of television broadcast facilities speci­ is subject to stay, withdrawal or other fied in section 307 (b) of the act, and the ed, the said licensees are entitled to a appropriate action in the event that the hearing in the matter, and that, upon principles upon which the assignment of United States Court of Appeals for the television broadcast channels has been the filing of a timely written application made by the Commission. District of Columbia Circuit does not therefor, the Commission’s orders of (2) To determine whether a grant of suspension are held in abeyance until the such applicatioii would result in a mo­ 1 It should be noted that this order does conclusion of the proceedings in the said nopoly of television service, or would not constitute a determination that all of matters. the above issues are relevant to the question It is ordered, That the matter of the impair the ability of authorized existing of whether the application should be granted. or prospective UHF stations in the Spar­ The issues relating to economic injury suspensions of the radiotelephone first tanburg, Greenville and Anderson areas to the protesting parties have been included class operator licenses of Roald W. Did­ to compete effectively with the station in the interests of expedition, inasmuch as riksen, Carlton R. Schwarz and Anthony proposed by Spartan in said application evidence must in any event be taken on Severdia are hereby designated for a or to deprive the public of the service other relevant issues supported by facts, consolidated hearing in San Francisco, of such stations. matters and things relied upon. However, California at 10:00 a. m., on the 3d day the question of the relevance of economic of May 1955 before hearing examiner (3) To determine whether Spartan injury is one which we have designated for misrepresented the temporary nature of, preliminary oral argument in other pro­ J. D. Bond upon the following issues: or concealed material facts with respect ceedings (see In re American Southern 1. To determine whether Roald W. to, the operation proposed in its request Broadcasters, 11 Pike & Fischer, RR1054), Didrikson, Carlton R. Schwarz and An­ for special temporary authorization and it remains open for decision in this case. thony Severdia, on December 14, 1954, So too, the opportunity to offer evidence willfully damaged or permited radio ap­ granted by the Commission on January with respect to areas to be served is not a paratus or installations at KPIX to be 27, 1954 and whether in the light of the determination that such evidence will be damaged within the meaning of section facts adduced, Spartan possesses the sufficiently reliable to form the basis for any 303 (m) (1) (C) of the Communications requisite qualifications to be a permittee findings of fact based upon a proper record. Inclusion of all of the above issues, there­ Act of 1934, as amended. or licensee of a television broadcast fore, is specifically not intended in this 2. To determine whether Roald W. station. case (where expedition is of considerable Didriksen, Carlton R. Schwarz and An­ (4) To determine whether the importance) to foreclose a later determina­ thony Severdia, on December 14, 1954, changed proposal of transmitter and tion with respect to their relevance. willfully or maliciously interfered with Thursday, April 7, 1955 FEDERAL REGISTER 2213 radio communications of station KPEX 1. To determine whether Howard A. ing affidavit included, field strength in violation of § 13.69 of the Commis­ Chamberlin and Fred P. Muller on Oc­ measurements on the WVDA signal sion’s rules (47 CFR 13.69). tober 5, 1954, willfully or maliciously along several radials to establish the 3. In the light of the evidence adducedinterfered with radio communications of fact that the 0.5 mv/m contours of in the preceding issues to determine station KEAR in violation of § 13.69 of Stations WVDA and WDNH would over­ whether the terms of the original orders the Commission’s rules (47 CFR 13.69). lap in a small area along the seacoast of suspension should be made final, re­ 2. In the light of the evidence adduced at a distance of over 50 miles from the scinded or modified. in the preceding issue to determine WVDA site. It is computed by WVDA It is further ordered, That a copy of whether the terms of the original orders that the overlap would cause an inter­ this order be transmitted by Registered of suspension should be made final, re­ ference area to WVDA of 112 square Mail, Return Receipt Requested, to scinded or modified. miles within which 7,964 persons reside. Roald W. Didriksen, Carlton R. Schwarz It is further ordered, That a copy of This population loss, according to the and Anthony Severdia, and that each of this order be transmitted by Registered protestant, represents 0.31 percent of said parties notify the Commission in Mail, Return Receipt Requested to the population served by protestant’s writing within 15 days after receipt of Howard A. Chamberlin and Fred P. station. Thus, WVDA has, established this order that they will appear in per­ Muller, and that each of said parties itself as a party in interest within the son or by counsel at said hearing. notify the Commission in writing within meaning off section 309 (c). 15 days after the receipt of this order 3. WVDA has specified the following Released: April 1, 1955. that they will appear in person or by issues on which it asks for an opportu­ F ederal C ommunications counsel at said hearing. nity to present evidence: C o m m is sio n , Released: April 1, 1955. 1. To determine the areas and popula­ [ seal] M ary J ane M o rris, tions which may be expected to gain or Secretary. F ederal C ommunications lose service from the operation of the C o m m issio n , [F. R. Doc. 55-2840; Filed, Apr. 6, 1955; proposed station and the availability of 8:48 a. m.] [seal] M ary J ane M o r r is, other services to such areas. Secretary. 2. To determine whether the operation [F. R. Doc. 55-2841; Filed, Apr. 6. 1955; of the proposed station would involve 8:48 a. m.] objectionable interference with the op­ [Docket Nos. 11320, 11321; FCC 55-380] eration of Station WVDA licensed to Vic Diehm Associates, Inc., , Massa­ H oward A. C ham berlin and F red P. chusetts, and, if so, the nature and M uller [Docket No. 11322; FCC 55-393] extent thereof, and the areas and ORDER DESIGNATING MATTERS FOR CONSOLI­ G ranite S tate B roadcasting Co ., I n c . populations affected thereby. DATED HEARING ON STATED ISSUES' (WDNH) 3. To determine, on a comparative basis, whether or not the proposed op­ In the matter of Howard A. Cham­ MEMORANDUM OPINION AND ORDER DESIG­ berlin, 182 Warren Road, Burlingame, eration would best serve the public in­ NATING APPLICATION FOR HEARING ON terest, convenience and necessity of the California, Docket No. 11320; Fred P. STATED ISSUES Muller, 779 19th Avenue, San Francisco, areas involved in the light of the evi­ California, Docket No. 11321; suspension In re application of Granite State dence adduced under the issues herein of radiotelephone first class operator Broadcasting Company, Inc. (WDNH), and the record made with respect to the licenses. Dover, New Hampshire, for construction significant differences between the pro­ At a session of the Federal Communi­ permit; Docket No. 11322, File No. BP- posed program service, background and cations Commission held at its offices in 9417. experience and management proposals Washington, D. C., on the 30th day of 1. The Commission has before it sep­ of Granite State and the existing serv­ March 1955: arate protests filed on February 28, 1955, ice being rendered by Vic Diehm Asso­ The Commission having under con­ by the Strafford Broadcasting Corpora­ ciates, Inc. (Station WVDA, Boston, sideration the suspension of the radio­ tion, licensee of Station WWNH, Roch­ Massachusetts). telephone first class operator licenses is­ ester, New Hampshire (930 kc, 5 kw, 4. To determine the stock ownership sued to Howard A. Chamberlin and Fred Day); and Vic Diehm Associates, Inc., and management interests of the officers, P. Muller; and licensee of Station WVDA, Boston, Mas­ directors, and stockholders of Granite It appearing that acting in accord­ sachusetts (1260 kc, 5 kw, DA-N, Uni.), State Broadcasting Company, Inc. in ance with the provisions of section 303 pursuant to section 309 (c) of the Com­ other businesses as well as in other (m) (2) of the Communications'Act of munications Act of 1934, as amended, broadcasting stations, and whether such 1934, as amended, each of the above- protesting the Commission’s action of interests result in a concentration of named parties filed with the Commis­ January 27, 1955 (released January 28, control contrary to or inconsistent with sion within the time provided therefor 1955), granting without hearing the the public interest and/or the Commis­ an application requesting a hearing on above-entitled application of Granite sion’s Multiple Ownership Rules. the Commission’s orders released Febru­ State Broadcasting Company, Inc. (here­ 4. Issues 1 and 2 as specified by prot­ ary 18, 1955, suspending for a period of inafter referred to as Granite State) for estant WVDA pertain to the coverage 60 days their radiotelephone first class a construction permit for a new standard and interference areas of the proposed operator licenses; and broadcast station (WDNH) to operate on WDNH operation in question. As set It further appearing that under the 1270 kilocycles with a power of 5 kilo­ forth in paragraph 2 above, -the engi­ provisions of section 303 (m) (2) of the watts, directional antenna, unlimited neering showing submitted by WVDA Communications Act of 1934, as amend­ time, at Dover, New Hampshire; and establishes the fact that the proposed ed, the said licensees are entitled to a oppositions to the said protests filed WDNH operation will cause interference hearing in the matter, and that, upon by WDNH on March 11, 1955, and a to WVDA. Consequently WVDA has the filing of a timely written application reply to the WDNH opposition filed by specified facts, matters and things re­ therefor, the Commission’s orders of WVDA on March 18, 1955. lied upon so as to warrant the designa­ suspension are held in abeyance until 2. The protestant WVDA claims tion of the Granite State application for the conclusion of the proceedings in the standing as a party in interest under hearing upon the issues of coverage and said matters. section 309 (c) of the Communications interference. It is ordered, That the matter of the Act of 1934, as amended, because of the 5. With respect to Issue 3, we believe suspensions of the radiotelephone first interference that Station WVDA would it necessary, in view of Issues 1 and 2, class operator licenses of Howard A. receive from the operation in question. that evidence also be taken on the pro­ Chamberlin and Fred P. Muller are here­ With its protest, WVDA submitted an gram service of Station WVDA in the by designated for a consolidated hearing engineering affidavit to show that WDNH, interference area. See Democrat Print­ in San Francisco, California at 10:00 the station authorized in the Commis­ ing Co. v. Federal Communications Com­ a. m., on the 6th day of May 1955 before sion’s action in question would cause mission, 91 U. S. App. D. C. 72, 202 F. 2d hearing examiner J. D. Bond upon the objectionable interference to the pres­ 298. However, the other matters on following issues: ent operation of WVDA. The engineer­ which the protestant seeks to have evi- 2214 NOTICES dence taken, i. e., the comparative back­ if receives revenue from Dover doesn’t licensee of television Station WNTW, grounds,- experience and management substantiate a claim that this would be Poland Spring, Maine, Channel 8. Also, proposals of itself and Granite State, are lost because of the proposed station at William J. Barkley is President, Direc­ not properly in issue and are unsup­ Dover. tor and 32.94 percent stockholder; Wil­ ported by any facts, matters or things 9. In light of WWNH’s showing set liam F. Rust is Treasurer, Director and relating to them. They will be deleted forth in Paragraph 7 above and the fact 46.53 percent stockholder of Grandview, from the issue. that the protestant is licensee of Sta­ Inc., licensee of Station WTSV (1230 kc, 6. With respect to Issue 4, WVDA tion WWNH, Rochester, New Hampshire; 250 w, Uni.) and WTSV-FM, Claremont, states that “It is known that the officers, that the protestant derives operating New Hampshire. William J. Barkley is directors, and stockholders of Granite revenue from the Dover area; that the President, Director and 35.3 percent State Broadcasting Company, Inc. have grant herein protested establishes the stockholder; William F. Rust is Vice- other broadcast interests as well as other first standard broadcast station in Dover President, Director and 49.4 percent business interests (Granite State Net­ in direct competition with WWNH; and stockholder; and Ralph Gottlieb is Di­ work, Inc.; Grandview, Inc.; WTSL, Inc.; that the protestant has alleged that it rector, General Manager and 15.3 per­ Mt. Washington TV, Inc.; Collins Radio has been and will continue to be finan­ cent stockholder of WTSL, Inc., licensee Inc.; and Rust Industrial Company).” cially injured by the grant complained of WTSL, Hanover, New Hampshire WVDA concludes that these interests of, it is the Commission’s opinion that (1400 kc, 250 w, Uni.). Granite State should be considered in any determina­ WWNH is a “party in interest” within Network, Inc., a wholly owned subsidi­ tion as to whether a grant of the appli­ the meaning of section 309 (c) of the ary of Granite State, is a regional net­ cation in issue would serve the public Communications Act. work serving the aforementioned interest. The matter of concentration 10. WWNH has specified the follow­ stations. of control of interests of stockholders of ing issues on which it asks for an oppor­ 12. It is further alleged that Capitol Granite State Broadcasting Company, tunity to present evidence: - Broadcasting Corporation, Inc., of which Inc., treated more completely in the 1. To determine whether, in the light H. Scott Killgore is the 100 percent WWNH protest, will be considered in of the multiplicity of service rendered stockholder, was an applicant for the conjunction with the WWNH protest. New Hampshire by Granite State at the same facilities specified in the applica­ 7. In support of its protest WWNH present time and the service proposed tion in issue. Mr. Killgore’s applica­ contends that it will suffer economic in­ in the Dover area by the station applied tion, File No. BP-9333, was withdrawn jury as a result of the Commission’s for by Granite State, and in the light on January 14, 1955, in accordance with action. WWNH states that although its of the common ownership of such sta­ an agreement whereby, after a grant to licensed location is Rochester, New tions, a grant of said application would Granite State, a new corporation would Hampshire, it has also identified itself be consistent with section 3.35 (b) of be formed, to which the construction with the Dover area by programming the Commission’s rules (47 CFR 3.35). permit would be assigned. Under this its station in the interest of Dover (Dover 2. To determine whether, in the light agreement, H. Scott Killgore would re­ is approximately 10 miles south of Roch­ of the ownership by Granite State Net­ ceive an option to buy 25 percent of the ester) with such broadcasts as Thanks­ work, it would be in the public interest stock of the corporation to be formed. giving Day Dover High School football to further strengthen its hold on the H. Scott Killgore is applicant for a new games, grand openings of new businesses New Hampshire market by adding an standard broadcast station at Plymouth, in Dover, a local Talent Folk Song Festi­ additional powerful radio station to the Massachusetts (File No. BP-8940, 990 kc, val, programs from the University of Granite State controlling group. 1 kw, Day) and 100 percent stockholder New Hampshire at Durham (a part of 3. To determine whether the Granite of Tele Broadcasters, Inc., licensee of the Dover area), remote broadcasts of State group, through its multiple owner­ Station WKXL (1450 kc, 250 w, Uni.), the University’s Christmas Concert, adult ship of radio stations, have engaged in Concord, New Hampshire. Central education courses, interviews, news any practices such as establishing ex­ Broadcasting Corporation, a wholly broadcasts of items of interest to the clusive programming policies for Asso- owned subsidiary of Tele Broadcasters, Dover-Durham area, broadcasts of the cited Grocers in order that illegal rebates Inc., is licensee of Station WARE (1250 Durham High School basketball games. otherwise prohibited by the Robinson- kc, 1 kw, Day), Ware, Massachusetts.1 WWNH further states that in January Patman Act might be effectuated. 13. With respect to Issues 1, 2 and 4 as 1954 it serviced 18 accounts in Dover and 4. To determine whether Granite specified by WWNH and Issue 4 as speci­ 12 additional accounts in Somersworth, State’s policy of multiple station joint fied by WVDA, it is contended that Somersworth Falls, Durham and Ber­ rates with substantial discounts as more stockholders in Granite State have so wick, towns comprising the Dover area; stations are added is in the public inter­ concentrated their interests in standard that these accounts and their attendant est; whether this policy will be estab­ broadcast stations within the state of revenues accounted for 47.82 per cent of lished in the proposed operation at New Hampshire that their grant of an the total WWNH revenue and 53 per Dover; and, whether such policy cover­ additional station in New Hampshire is cent of the total local revenue of WWNH; ing four broadcast stations in the small in contravention of the provisions of that in December 1954 WWNH serviced New Hampshire market unreasonably § 3.35 of the Commission’s rules. WVDA 28 accounts in Dover and 14 accounts restrains competition by precluding the also contends that said stockholders’ in­ in the neighboring, towns in the Dover single station licensee from access to the terests in other businesses such as Col­ area with an attendant revenue account­ regional and national market. lins Radio, Inc., manufacturers of radio ing for 41.21 per cent of the total revenue 5. To determine, in the light of the broadcast equipment, Rust Industrial of WWNH and approximately 46 per evidence adduced upon the foregoing Company and Granite State Network, cent of the total local revenue of issues, whether the public interest, con­ Inc., further tighten their alleged con­ WWNH; and that for the twelve-month venience or necessity would be served by centration of control of standard broad­ period from January to December 1954, a grant of the application of Granite cast interests. WWNH alleges that comparable accounts numbers and reve­ State for a station at Dover, and whether “The debilitating and adverse economic nue figures existed within the aboVe- the parties in interest in said company effect upon WWNH which will be caused stated limits. WWNH concludes that are qualified to receive a grant of the by the entry of Granite State into the the establishment of a station in Dover application. Dover market will be substantially ag­ would seriously reduce WWNH’s revenue 11. The WWNH protest alleges that gravated by virtue of the multiple own­ therefrom. William J. Barkley is President, Direc­ ership and cross-connections in various 8. Granite State contends that WWNH tor and 35.3 percent stockholder; Wil­ other radio broadcast stations in the is not a party in interest since it is in liam F. Rust is Vice-President, Treasurer, State of New Hampshire, which will Rochester and “* * * the Commission Director and 49.9 percent stockholder ; further preclude its access to the neces­ and Ralph Gottlieb is Director, General sary advertising revenues for the opera­ has not previously indulged in the as­ Manager and 14.8 percent stockholder tion of its station (WWNH).” WWNH sumption that economic injury will re­ of Granite State. Granite State is also states that New Hampshire consists of sult to a protestant in a community the licensee of Station WKBR (1240 kc, other than that where the station being 250 w, Uni.) and WKBR-FM, Manches­ 'Some of the matters set forth in para­ protested is to be constructed,” Granite ter, New Hampshire; and is 3 percent graphs 11 and 12 are taken from the Com­ State asserts that WWNH’s showing that stockholder of Mt. Washington TV, Inc., mission’s records. Thursday, April 7, 1955 FEDERAL REGISTER 2215 ten counties with a total population of 1, 2 and 4 as specified by WWNH and and that the above-entitled application 533,242 persons according to the 1950 Issue 4 as specified in WVDA, and there­ is designated for hearing at the offices Bureau of Census. WWNH alleges that fore the burden of proof will rest with of the Commission in Washington, D. Ç. Granite State dominates and intends to WWNH and WVDA. on the following issues: * further dominate New Hampshire 16. With respect to Issue 3, WWNH 1. To determine the areas and popula­ through control by ownership, cross­ alleges, upon information and belief that tions which will be served by the pro­ ownerships or net work ownership of the Granite State Network, Inc. engages in posed operation, and the availability of radio media in seven of the ten counties practices that constitute violations of the other primary service to such areas and in New Hampshire, which seven coun­ Robinson-Patman Act. WWNH states populations. ties reportedly contain over 80 percent that Granite State Network is the only 2. To determine whether the operation of the total population of the entire operating and effective regional network of the proposed station would involve state. WWNH further contends that in New Hampshire; that this network is objectionable interference with the oper­ these seven counties account for 85 per­ a wholly owned subsidiary of Granite ation of Station WVDA, Boston, Massa­ cent of the estimated effective buying State, which owns between 4 and 5 per­ chusetts, and, if so, the nature and income in New Hampshire; 85 percent cent of Mt. Washington TV, Inc., licen­ extent thereof, and the areas and popu­ of the state’s retail sales; 83 percent of see of WMTW, Poland Spring, Maine, on lations affected thereby. the state’s total payroll. VHF Channel 8; that the predominant 3. To determine the proposed pro­ 14. It is contended by WWNH that feature on the Granite State Network gram service of the proposed station and “the combine of stations by Granite State is the Connie Stackpole show; that all the program service being rendered to uses its joint leverage to produce reve­ commercial time on this program is the interference area by Station WVDA. nue and deny access to the advertisers made available to Associated Grocers; 4. To determine whether a grant of to other radio station competitors. For that the “advertising allowance made to the above-entitled application would be example, an advertiser can purchase Associated Grocers was in effect not a in contravention of the provisions of time on WTSV, Claremont, and obtain true advertising allowance” ; that the § 3.35 of the Commission’s rules in light WKBR, Manchester, as well, and the “exclusive availability of the program of the ownership interests in and the combination of two stations results in a puts Associated Grocers in a preferred operating practices employed at other substantial discount to the advertiser. position”; that “comparable advertising broadcast stations and a regional net­ If the advertiser wants WTSV, Clare-- allowances are not made to grocers in work by parties to the above-entitled mont, and WKBR, Manchester, he can competition with Associated Grocers”; applicant corporation and H. Scott Kill- add Brattleboro and obtain a third sta­ that “any other radio station in the State gore. tion and further increase his discount of New Hampshire not affiliated with the 5. To determine whether in the opera­ privileges. Should the advertiser want network cannot obtain any advertising tion of the Granite State Network, Inc., WTSV, Claremont; WKBR, Manchester, business from the Associated Grocers the above-entitled applicant corporation and WTSL, Lebanon (Hanover), the ad­ combination”. From this recitation it or parties thereto have engaged in any vertiser’s discount is further increased. is not clear to the Commission what the practices prohibited by the Robinson- In the event Granite State adds a fourth alleged violations of the Robinson- Patman Act. wholly owned station at Dover, the dis­ Patman Act are or how the matter com­ 6. To determine whether in light of count arrangements might well result in plained of is material to WWNH’s request the evidence adduced pursuant to the discounts that would give the advertiser for reconsideration of the grant of the foregoing issues the Granite State Broad­ one station free if he bought the remain­ construction permit for WDNH. There­ casting Company, Inc. is qualified to be ing three, * * * such extreme economic fore, this issue is one which we would the licensee of a broadcast station and leverage in such a small state area can­ ordinarily set for oral argument. Hyman whether a grant of the above-entitled not be regarded in the public interest.” Rosenblum et al, 11 Pike & Fischer, RR application would serve the public in­ 15. In its reply Granite State asserts 826. However, in view of the fact that terest, convenience and necessity. that “ * * * the State of New Hamp­ an evidentiary hearing is necessary on The burden of proof as to Issues 1 and shire has a total of twelve AM stations, the other issues involved, this issue will 2 is placed on Granite State Broadcasting of which seven (including that of the also be set for evidentiary hearing. Company, Inc. The burden of proof on Protestant) operate with power in excess 17. Granite State, in its replies to the Issue 3 is placed jointly on Granite State of 1 kilowatt. The only stations licensed WVDA and WWNH protests, states that Broadcasting Company, Inc., and Vic to Granite State or its principals are 250 if its application is designated for hear­ Diehm Associates, Inc. The burden of watt stations whose coverage is, of ing, the proceeding should be in the form proof on Issue 4 is placed jointly on Vic course, materially restricted by this of an oral argument before the Com­ Diehm Associates, Inc. and the Strafford lower power. * * * that a 250 watt sta­ mission as on demurred instead of an Broadcasting Corporation. The burden tion at best covers the community to evidentiary hearing. While such a pro­ of proof on Issue 5 is placed on Strafford which it has been assigned. * * * that cedure is feasible in certain cases, and residents of New Hampshire receive a the Commission in the past has ordered Broadcasting Corporation. multiplicity of radio broadcast signals oral arguments in cases involving the 19. It is further ordered, That Vio from the stations located in the nearby Commission’s multiple ownership rules, Diehm Associates, Inc. ; Strafford Broad­ states of Massachusetts, Vermont, the data and material submitted and casting Corporation ; and the Chief of Maine, and, of course, the signals of the the questions and issues raised here are the Broadcast Bureau are made parties clear channel stations from New York such as to require an evidentiary hearing to the proceeding herein and that: and other large eastern cities.” Granite in this case. This is not a case where, (a) The hearing on the above issues State further states that buying of time as in Ohio Valley Broadcasting Corp., shall commence at 10:00 a. m. on April on two stations owned by Granite State 10 Pike & Fischer, RR 500, the nature of 27,1955, before an Examiner to be speci­ at a discount “ * * * is hardly evidence the factual allegations permits us to fied by the Commission; and that advertisers are denied access to treat them as on demurrer. We believe (b) The parties to the proceeding other radio stations in New Hampshire.” that an evidentiary hearing on the pres­ shall have fifteen (15) days after the Granite State contends that common ent allegations is appropriate. ownership of four standard broadcast 18. In view of the foregoing: It is issuance of the Examiner’s decision to stations is not uncommon and is not ordered, That the subject protests of file exceptions thereto and seven (7) contrary to the provisions of § 3.35 or WVDA and WWNH are granted, and that days thereafter to file replies to any such the public interest. We find, upon the pursuant to section 309 (c) of the Com­ exceptions; and basis of the foregoing, that the protest- munications Act of 1934, as amended, (c) The appearances by the parties ants have specified with particularity effective immediately, the effective intending to participate in the above facts, matters and things which warrant date of the grant of the above-entitled a hearing on the issues raised. However, application is postponed pending a final * The issues specified by WVDA and WWNH the Commission is not adopting, within determination by the Commission with have been consolidated and edited for the the meaning of section 309 (c), Issues respect to the hearing described below, purposes of simplicity and clarity. 2216 NOTICES hearing shall be filed not later than To: Hamilton, Toronto, Ont., and applicants should fairly disclose their April 18, 1955. Montreal, Que. interest, and the position they intend to Grounds for relief : Circuitous routes, take at the hearing with respect to the Adopted: March 30, 1955. and rates constructed on the basis of the application. Otherwise the Commission, Released: April 1, 1955. short line distance formula, and addi­ in its discretion, may proceed to investi­ gate and determine the matters involved F ederal C ommunications tional origins. Schedules filed containing proposed in such application without further or C o m m issio n , formal hearing. If because of an emer­ [seal] M ary J ane M o rris, rates: H. R. Hinsch, Agent, I. C. C. No. Secretary. 4460, supp. No. 58; W. J. Prueter, Agent, gency a grant of temporary relief is I. C. C. No. A—3723, supp. No. 116; B & O found to be necessary before the expira­ [F. R. Doc. 55-2842; Piled, Apr. 6, 1955; RR, I. C. C. No. 24271, supp. No. 3; I. C. tion of the 15-day period, a hearing, upon 8:49 a. m.] RR, I. C. C. No. A-11764, supp. No. 1; a request filed within that period, may WAB. RR, I. C. C. No. 7673, supp. No. 39. be held subsequently. Any interested person desiring the By the Commission. SMALL BUSINESS ADMINISTRA­ Commission to hold a hearing upon such TION application shall request the Commis­ [ seal] H arold D . M cC o y , Secretary. [D. P. A. R equest No. 37—DPAV-30] sion in writing so to do within 15 days from the date of this notice. As pro­ [F. R. Doc. 55-2829; Filed, Apr. 6, 1955; W ithdraw al o f R equest to F lorida vided by the general rules of practice of 8:47 a. m.] W ood C o - operative to O perate as the Commission, Rule 73, persons other S mall B u sin e ss E n ter pr ise P roduc­ than applicants should fairly disclose t io n P ool, and W ithdraw al of R e ­ their interest, and the position they in­ quests to C ertain C om panies to tend to take at thè hearing with respect [4th Sec. Application 30439] P articipate in O perations o f S u ch to the application. Otherwise the Com­ S y n t h e t ic R ubber F rom L ouisiana and P ool mission, in its discretion, may proceed to T exas T o W aukegan, I I I . Pursuant to section 708 of the Defense investigate and determine the matters Production Act of 1950, as amended, the involved in such application without APPLICATION FOR RELIEF request to Florida Wood Co-operative, further or formal hearing. If because A pr il 4, 1955. published on April 16, 1952, in 17 F. R. of an emergency a grant of temporary The Commission is in receipt of the 3391; the requests to the companies relief is found to be necessary before above-entitled and numbered applica­ therein listed to participate in the opera­ the expiration of the 15-day period, a tion for relief from the long-and-short- tions of such pool; and the request, dated hearing, upon a request filed within that haul provision of section 4 (1) of the June 17, 1952, to Leifert Construction period, may be held subsequently. Interstate Commerce Act. Company, Inc., also to participate in the By the Commission. Filed by: F. C. Kratzmeir, Agent, for operations of such pool, are hereby carriers parties to his tariff schedules withdrawn. [seal] H arold D . M cC o y , listed below. The immunity from prosecution under Secretary. Commodities involved: Rubber, arti­ the Federal antitrust laws and the Fed­ [F. R. Doc. 55-2828; Filed, Apr. 6, 1955; ficial, synthetic or neoprene, crude, car­ eral Trade Commission Act heretofore 8:47 a. m.] loads. granted to Florida Wood Co-operative, From: Baytown, Borger, Houston, Port and the participating companies, is like­ Neches, Tex., and Lake Charles and West wise withdrawn, except as to those acts Lake Charles, La. performed or omitted by reason of the I4th Sec. Application 30438] To: Waukegan, HI. request which occurred prior to this R ic e and P roducts F rom A rkansas, Grounds for relief: Circuitous routes, withdrawal. L ouisiana and T exas to P o in t s in rates constructed on the basis of the (Sec. 708, 64 Stat. 818; 50 U. S. C. App. 2158; N o rth C arolina short line distance formula, and addi­ E. O. 10493, October 16, 1953, 18 F. R. 6583) tional destination. APPLICATION FOR RELIEF Schedules filed containing proposed Dated: April 17 1955. A pr il 4, 1955. rates: F. C. Kratzmeir, Agent, I. C. C. W endell B . B arnes, The Commission is in receipt of ~the 4087, supplement 65; F. C. Kratzmeir, Administrator. above-entitled and numbered application Agent, I. C. C. 4139, supplement 18. Any interested person desiring the [F. R. Doc. 55-2827; Filed, Apr. 6, 1955; for relief from the long-and-short-haul 8:46 a. m.] provision of section 4 (1) of the Inter­ Commission to hold a hearing upon such state Commerce Act. application shall request the Commission Filed by: F. C. Kratzmeir, Agent, for in writing so to do within 15 days from carriers parties to his tariff schedule the date of this notice. As provided by INTERSTATE COMMERCE the general rules of practice of the Com­ COMMISSION listed below. Commodities involved: Clean rice, rice mission, Rule 73, persons other than ap­ I4th Sec. Application 30437] plicants should fairly disclose their in­ bran, meal and polish, carloads. terest, and the position they intend to S oybean O il F rom S pr in g field and From: Specified points in Arkansas, take at the hearing with respect to the T aylorville, I I I ., to C anada Louisiana, and Texas. application. Otherwise the Commission, To: Farmville, Greenville, Kinston, in its discretion, may proceed to investi­ APPLICATION FOR RELIEF and Washington, N. C., and points in gate and determine the matters involved A p r il 4, 1955. North Carolina intermediate thereto and in such application without further or The Commission is in receipt of the grouped with the named points. formal hearing. If because of an emer­ above-entitled and numbered applica­ Grounds for relief: Circuitous routes. gency a grant of temporary relief is found tion for relief from the long-and-short- Schedules filed containing proposed to be necessary before the expiration of haul provision of section 4 (1) of the rates: F. C. Kratzmeir, Agent, I. C. C. the 15-day period, a hearing, upon a Interstate Commerce Act. 4120, supplement 7. request filed within that period, may be Filed by; H. R. Hinsch, Agent, for Any interested person desiring the held subsequently. Commission to hold a hearing upon such By the Commission. carriers parties to tariff schedules listed application shall request the Commission below. in writing so to do within 15 days from [seal] H arold D . M cCo y , Commodities involved: Soybean oil, the date of this notice. As provided by Secretary. carloads. the general rules of practice of the [F. R. Doc. 55-2830; Filed, Apr. 6, 1955; From: Springfield and Taylorville, 111. Commission, Rule 73, persons other than 8:47 a. m.J