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Federal Communications Commission Record 5 FCC Red No FCC 90D-29 Federal Communications Commission Record 5 FCC Red No. 14 MONORE • LIVINGSTON RADIO ASSOCIATES Before the Federal Communications Commission Findings of Fact Washington, D.C. 20554 3. Monroe-Livingston Radio Associates (MLRA) is a general partnership organized pursuant to a written part­ nership agreement, executed August 14, 1987. under the laws of the State of New York. The partnership consists of MM Docket No. 88-309 one partner, Linda P. Savage who holds for comparative purposes. 70 percent of the equity. Prior to May 4, 1990, In re Applications of MLRA consisted of four partners with the following eq­ uity interests: Linda P. Savage ((0 percent), Robert C. MONROE-LIVINGSTON File No. BPH-870817MI Savage (10 percent), Robert M. Scott (15 percent) and RADIO ASSOCIATES Michael J. Johnson (5 percent). By amendment received on June 1, 1990, MLRA reports that on May 3, 1990, Mary Ann Hurlburt File No. BPH-870819NG Messrs. Scott and Johnson transferred their equity inter­ ests to Mr. Savage and withdrew from the application, and et al., d/b/a that Mr. Savage has also withdrawn. leaving Ms. Savage as HFH COMMUNICATIONS the only remaining partner. (See Order, released June 20, ASSOCIATES 1990 (FCC 90M-1776)). For a Construction Permit for a Diversification New FM Station on Channel 397A 4. MLRA, as a legal entity, does not have any attrib- · Honeoye Falls, New York utable ownership interest, either legal or beneficial, direct or indirect, in any broadcast facility or any other outlet of mass communications. Ms. Savage is a limited partner (25 Appearances percent) in Radio Livingston, Ltd., the licensee of WYSL (AM) Avon, New York (MLRA. Ex. #1). In the event Timothy K. Brady on behalf of Monroe-Livingston Ra­ that MLRA's application is granted, Linda Savage will dio Associates (MLRA) and James L. Oyster on behalf of divest herself of her interest in WYSL (AM) (MLRA, Ex. Mary Ann Hurlburt et al., d/b/a HFH Communications #1). Associates (HFH). 5. A former principal of MLRA. Robert C. Savage is a general partner (50 percent) of Radio Livingston Ltd .. the licensee of WYSL (AM) Avon, New York, a limited part­ INITIAL DECISION OF ADMINISTRATIVE ner (22.5 percent) in American Paradise Television Ltd., LAW JUDGE JOSEPH P. GONZALEZ which is the sole shareholder of American Television. Inc .. the permittee of WVGI (TV). Charlotte Amalie. V.I. Issued: June 21, 1990; Released: July 2, 1990 Mr. Savage is also an officer and director of American Paradise Television, Inc. (MLRA, Ex. #1 ). In addition. he 1. By Hearing Designation Order released in this pro­ recently acquired an ownership interest in Clarion Pub­ ceeding on July 20. 1988, the applications of Monroe­ lications. Inc. which publishes The Clarion. a weekly Livingston Radio Associates and HFH Communications newspaper serving northern Livingston County. New Associates were designated for hearing on the following York (Order FCC 90M-447. released on March 9, 1990). issues: 1 Mr. Savage pledged to divest himself of all of these media interest in the event that MLRA is the successful ap­ plicant (MLRA. Ex. #1; Order FCC 90M-447. released on (I) To determine which of the proposals would, on March 9. 1990). a comparative basis, best serve the public interest: and Best Practicable Service (2) To determine. in the light of the evidence ad­ duced pursuant to the foregoing issues, which of the Linda P. Savage applications should be granted. 6. Linda P. Savage proposes to work full-time. a mint­ mum of 40 hours a week, as General Manager of the The Hearing Designation Order also required adduction of proposed station. She will be responsible for all phases of evidence of comparative coverage under the standard the station's operations. including overall supervision of comparative issue for the purpose of determining whether the station ·s employees. and she will oversee the continu­ a comparative preference should accrue to anyone of the ing ascertainment of community's needs and interests, applicants. formulate programming responsive to those needs and 2. A prehearing conference was held on October 7, interests. set station policy, and assure the station's com­ 1988, and hearing sessions were held in Washington. pliance with the Commission's rules and regulations. All D.C., on April 10 and 11. 1989. The record was closed on management level employees will report directly to her April 11, 1989 (Tr. 249). The record was reopened to (MLRA. Ex. #2). receive additional evidence and again closed by Order 7. Ms. Savage has. since May 1985, resided within the ( 89M -1409) released on May 11, 1989. primary service contour of MLRA's proposed station (MLRA. Ex. #2). Ms. Savage is currently employed as an Account Executive at WOKR-TV, Rochester, New York. 3942 5 FCC Red No. 14 Federal Communications Commission Record FCC 90D-29 Prior to serving in that position, she was a Saies Manager (5) A 50 percent general partner of Concord Broad­ at WYSL (AM), Avon, New York, and an Account Execu­ casting Associates, permittee of standard broadcast tive at WHEC-TV, Rochester. New York and WTAE station WNHA, Concord, New Hampshire. (AM). Pittsburgh, Pennsylvania (MLRA, Ex. #2). (6) A 49 percent stockholder, and director of Moreland Group. Inc., the 88 percent general part­ Auxiliary Power ner of Moreland Broadcast Associates, permittee of 8. MLRA will install and utilize auxiliary power gen­ television broadcast station WFYF (TV), Watertown, erating equipment at both its studio and transmitter sites New York and LPTV station Wi5AB, Watertown~ for the propose of providing continuous service to the New York. Mr. Kimble is also a one percent general community and service area in the event of a power partner of Moreland Broadcast Associates (BLRA. outage or other emergency situation requiring an auxil­ Ex. #7). iary power source (MLRA, Ex. #1). (7) A 49 percent general partner of AGK Commu­ nications Associates permittee of low power TV sta­ Conclusions of Law tion W13BK, State College, Pennsylvania (MLRA, 9. Ms. Savage will serve as full-time General Manager of Ex. #7); a 25 percent stockholder of Syracuse TV the proposed station. a position which entitles MLRA to a Corp .. permittee of low power TV station W18AL, quantitative integration credit of 70 percent. This credit is Syracuse, New York; the 100 percent individual qualitatively enhanced by Ms. Savage's residence since permittee of low power TV stations in Stroudsburg, 1985 within the service contour of the proposed station, Pottsville, Mansfield. State College and Carbondale. her gender, and her past broadcast experience. Pennsylvania (MLRA, Ex. #7). ( 8) Until September 4, 1987, when it was sold, Mr. Kimble was a 90 percent shareholder in Kimmanger HFH COMMUNICATIONS ASSOCIATES Communications, Inc., the licensee of WONY (FM), Ithaca. New York. Findings of Fact (9) A 51 percent shareholder in AGK Communica­ 10. HFH Communications Associates (HFH) is a limit­ tions. Inc .. the licensee of station WAQX-FM, Syra­ ed partnership. Mary Ann Hurlburt is the sole general cuse. New York until it was sold in October 1988 partner with a 25 percent equity interest. George Kimble. (MLRA. Ex. #7. Tr. 221). who is Ms. Hurlburt's brother. is the only limited partner. with 75 percent of the equity (HFH, Ex. #1: Tr. 79). ( iO) A 75 percent limited partner of KIC Radio. Craig L. Fox holds an option, which may be exercised at Ltd .. permittee of a new FM broadcast station in any time. to acquire one half of the limited partnership Clyde. New York, granted April 6, 1989 (MLRA, interest currently held by George Kimble (Tr. 132, Ex. #7). 205-132). (11) A 37.5 limited partner of Webster-Fuller Com­ munications Associates. applicant for a new FM Diversification broadcast station at Webster. New York (MLRA. Ex. ll. Neither HFH. as a legal entity, nor Mary Ann #7). 2 Hurlburt have any other media interests (HFH. Ex. #1). (12) The 75 percent limited partner of Lake County Monica Kimble. the wife of George Kimble. owns a 50 Broadcasting, L.P. permittee of a new FM broadcast percent interest in WYLF (AM). Penn Yan, 0/ew York station at Waterloo, New York (MLRA, Ex. #7). (Tr. 83-84. 221 ). Penn Yan is located approximately 30 miles from HFH's proposed transmitter site (MLRA. Ex. (13) An 80 percent limited partner of Williamsport #8. p. 2). George Kimble has the following media inter­ Television Associates. permittee of television broad­ ests: cast station WILF (TV). Craig L. Fox has the following media interests: {1) A 31 percent general partner of WOLF TV Associates. L.P. which is the general partner of Scranton TV Partners. Ltd .. the licensee of television ( 1) A 31 percent general partner of WOLf-TV Asso­ station WOLF-TV. Scranton. Pennsylvania, the li­ ciates L.P. which is the general partner of Scranton censee of television station WWLF-TV, Hazelton, TV Partners, Ltd .. the licensee of television station Pennsylvania. and the permittee of LPTV station WOLF-TV. Scranton, Pennsylvania; the licensee of W32AE. Duboistown. Pennsylvania (MLRA, Ex. television stations WWLF-TV, Hazelton. Pennsylva­ #7). nia; and the permittee of LPTV station W32AE, Duboistown, Pennsylvania (MLRA. Ex. #9). (2) A 49 percent stockholder and Vice President of WOLF Radio. Inc .. the licensee of station WNYR (2) A 51 percent stockholder and president of (AM). Syracuse. New York (MLRA. Ex. #7). WOLF Radio. Inc., the licensee of WNYR (AM) Syracuse. New York (MLRA, Ex. #9). (3) A 50 percent general partner of Canton Broad­ casting Associates. permittee of WNYS (AM), Can­ (3) A 50 percent general partner of Canton Broad­ ton, New York (MLRA. Ex. #7). casting Associates. the permittee of WNYS (AM), Canton.
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