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FCC-93-148A1.Pdf / ( (' / ""'·C/<, ':...._..,, '-"' i ,,.["-, I ~ '- Y/.\/ Federal Communications Commission FCC 93-148 tlon ("SALAD"): (c) Opposition ro Petitions to Denv filed by TBF; (d) Reply to Consolidated Opposition to Pe"titions Before the to Deny filed by Glendale: (e) Request for [)eclaratorv Federal Communications Commission Rul_i~g of National .\1inority T\.', Inc. ("NlVIT\l"): (f) 0P­ \Vashington, D.C. 20554 poslt1on to Request for Declaratory Ruling filed by G!en­ ~~ale: (g) Response to the Commission's Letter of Inquiry tiled by NM~V: a~d ( h) Comments on NMTV's Response to the Commissions Letter of Inq_uiry fi!ed hy Glendale. ~1M Docket No. 93-75 In re Applications of I. BACKGROUND 3. On December '27. 1991. Glendale filed a Petition to TRI"IITY BROADCASTING File "lo. BRCT-911001 LY Deny the license renewal application of TBF. While Glen­ OF FLORIDA. INC dale's pleadin$ .is s_tyled _as a_ "Petition co Deny" it actually For Renewal of License of seeks the spec1ftcation ot numerous issues against TBF. The thrusr of Glendale's Petition is that Paul F. Crouch and,'or Station V/I-IFT(TV). Miami. Florida Trinity Christian Center of Santa Ana. Inc. d.'b/a Trinitv Broadcasting -"~et\l.i·ork ("TB'.\i") have used ~·.\1T\/ as a fron~t and to evade the Commiss!on·s multiple o\l.i·nership rules . ..J.. TBN is a non-stock corporation. Paul F. Crouch. his GLENDALE file No. BPCT-9 l l 227KE \l.i'ife. Janice Crouch. and Norman G. Juggert are TBN's BROADCASTING directors. L These three are also the directors of other TBN 2 COMPANY affiliates wh.tch. v.·ich TB.'\J". are the licensees of 11 full­ 3 For Construction Permit pO\ver commercial television <;tations. Paul Crouch. P. Jane Duff. Phillip Aguilar and E.V. I--Ii!l:. are the directors .\1iami. Florida of NMTV. the !icen;;ee of KNMT-TV. Portland. Oregon. ,.\t one time. TI3N and its affiliates were the licensees of l~ commercial television stations. and '.'\MTV v.'aS the licensee HEARING DESIGNATION ORDER of two commercial television .:.tations.5 Paul Crouch. a non-minority. is the preSident of TB'.'l" and its affiliates as Adopted: March 16, 1993; Released: April 7_. 1993 well as president of NJVITV. [)uff. a minor.tty. i.i;; assistant to the president of TEN and secretary/treasure; of '.'·<.\1TV ('\he By the Commission: Commissioner Marshall not partici­ was formerly vice president of '.'.'\1TV).'' Paul Crouch and pating. Jane Duff are salaried employees of TBN. ,.\gui!ar. a mi­ nority. is the vice president of N\1TV and the-founder and 1. The Commission has hefore it the above-captioned pastor of Set Free Christian Fellov.·ship. a church in :.\na­ application for the renewal of license of S[ation heim. California. J{ill. a minority. is the pastor of the VVHFT(TV). Channel 45. Miami. Florida. filed by Trinity Ebenezer Baptist Church in \.~/arts. California. Broadcasting of Florida. Inc. ("TBF''). and the n1utually 5. On March 29, 1991. \'.\1TV filed an application to exclusive application of Glendale Broadcasting Company acquire the license of WTGI(TV). Wilmington. Delaware. ("Glendale") for a new commercial television station to A petition to deny the assignment application was filed. operate on Channel 45. Miami, Florida. \1/hich alleged that L\'.\1TV was a front for TEN. 1\fter 2. Also before the Commission are the following plead­ NMTV filed its Opposition. the Chief of the Mass Media ings: (a) Petition to Deny TBF"s renewal application filed Bureau's Video Services Division requested additional in­ by Glendale: (t)) Petition to Deny TBF's renewal applica­ formation from NMTV. After NMTV responded. but hefore tion filed by Spanish American League Against Oiscrimina- the Commission could act on the assignment application. it was v;.·ithdra ... v-n by NMTV. Glen<lale seeks to raise che same In a non-stock corporation the Commission normally looks 4 From Septen1ber ll/80 until August 1990. Phillip David Es­ to directors in evaluating ownership and control. Roanoke pinoza, a minority, was a d·rrector of NMTV along ,,.,.·t!h Crouch Christian !Jroadcasting, Inc., 52 RR 2d 1725 (Rev. Bd. 1983). and Duff. Aguilar replaced Espinoza as a director in August ~ The term "TBN affiliates" is used herein to refer to the 1990. Hill became the fourth director in October 19Y!. broadcast licensees that have the same directors. Paul F. 5 TBN and its affiliates reached the 12 television station lirnit Crouch, Janice Crouch, and Norman G. Juggert, as TBN. Al­ in 1986 with the purchase of \\iCLJ(TV). Bloomington, lndi:::ina. though they are set up as separate legal entities. they are all ">JMTV acquired its first commercial television sration. K\1L.\I· controlled bv the same individuals . TV. in June 1987, allegedly putting TBN uver the rnultinle .l TBN: KTBN-TV, Santa Ana. California; \VOLJ(TV). Canton. ownership limit with 13 television stations. In Decembe; IY,~K. Ohio; and WHSG(TV). \Tonroe, Georgia. Trinity Broadcasting N\1TV' acquired KN~1T-TV raising TBN's alleged !nierest~ tn l-+ of Arizona. Inc., KPAZ-TV, Phoenix. Arizona. Trinity Broad­ television stations. In December l'lH9, KNAT-TV', Albuquerque. casting of Oklahoma City, Inc., KTBO-TV. Oklahoma City, New r..1exico, was sold and \VHSG(TV), :V1onroe. Georc:i:::i. \\JS Oklahoma. Trinity Broadcasiing of \Vashington, Inc .. KTB\V­ acquired. thus keeping TB\l's n!Jeg.ed interests ::i.t 1-+ te'.e\;'):.,)n T\.', Tacoma, Washington. Trinity Broadcasting of Florida. Inc., stations. In April 1991, Kr...IL\1-TV w::ts sold by N\lTV and in WHFT(TV), :Viiami, Florida. Trinity Broadcasting of Indiana, December 1991. \VLXl(TV) was <>old bv TBN. Thus. Ti;>J was Inc., \VKO!(T\'), Richmond, Indiana; nnd \VCLJ(TV). Bloom­ ailegedly in violation of the Commissi;n·, multiple O\\r.ership ington, Indiana. Trinity Broadcasting of New York. Inc.. \.VTBY­ rules from June 1987 until December Fl9\. TV', Poughkeepsie, New York. Trinity Broadcasting of Texas. b Prior to becoming a director of \Jlv1TV in !ll80. Duff \1.·::i.~ v:ce Inc., KDTX-TV, Dallas. Texas. president and a director of TB!\. 1 FCC 93-148 Federal Communications Commission matters that were alleged in connection ""'ith the ent unwillingness to grant the application ro acquire WTGI(T\') assignment application. Indeed. Glendale resub­ WTGI(T\/). Vlilmington. Delaware. has created uncertainty mits many of the pleadings and attachments previously as to \.\lhether the Commission's application of the provi­ filed in connection 1.1/ith the proposed sale of WTGI(TV). -;ions of Section 73.3555(e) has changed. I\l!vfrV has also filed a Request for Declaratory Ruling 10. NMTV contends that it is minoritv-owned because a concerning irs relationship to TBN. Consequently. the staff majority of_ its directors are members of ·minority groups. :-;ought additional information from ~-MTV through a Let­ Moreover. it asserts that it is minority-contro!led for pur­ cer of Inquiry. A!l of the responsive information and plead­ poses of Section 73.3555(e) because it meets that rule's ings are being considered herein because they all relate to definition of minority-controlled hy being more than 50 rhe issue of \vho controls NMTV. percent owned by one or more members of a minoritv group. NMTV further contends that the Commission:s multiple 01,vnership rules relating to minority ownership II. NMTV'S REQCEST FOR DECLARATORY RULING do not require integration of ownership into management A. Proposal and do not mention rninority programming. 6. NMTV's Request for Declarator)' Ruling, filed Novem­ 11. NMTV claims that minority ownership. under the ber 18. 1991. seeks a declaration from the Commission that Commission's multiple O\vnership rules. is an end in itself "the ·m1nonty-owned· standard ~et forth in rule 73 3555[ej .According to NMTV'. the Commission established a dif­ is met by a. nonprofit organization when a controlling ferent standard for determining minority-control under the number of its voting board members are individuals from multiple ownership rules than it estahlished for use in recognized minority groups. and \vhen the nonprofit or­ connection with the integration criteria of the :-;tandard ganization is in- compliance \vith 'itate law regarding its comparative issue. and for tax certificate and distress sale chartering and operations. \vithout resorting to consider­ policies. 0-:vrTV concedes that. in connection with the stan­ ation of other factors such as \.Vhether the minority direc­ dard co1nparative issue. ininority ov,.nership is significant tors are involved in day-to-day station operation." NMTV only when it is combined with integration of the minority also seeks a declaration v.'hether a minority-controlled cor­ ow·ner into the management of the broadcast :itation. poration is prohibited from receiving assistance from or NMTV also concedes that in adopting the minority distress associating v,.·ith a nonminority-controlled corporation in sale and tax certificate policies the Co1nmission \Vas striving various enumerated \\.'ays. 8 Because the issues raised in to increase minoricy ov.1 nership and operation of stations. NMTV's Request forDeclaratory Ruling are so closely re­ These policies. NMTV notes. were designed ro increase lated to the issues raised in the Petitions to Deny the minority management. minority programming and diver­ renewal application of TBF. they will be addressed herein. sity of broadcast voices. Statement of Policy on .\finoruy 7. ~-:\1.TV states that it is a California Nonprofit Corpora­ Ownership of Broadcasting Factlities, 68 FCC 2d 979 ( ~ 97-S). tion organized on September 16. 1980. and authorized to I--lowever. '.'!MT\/ argues that w·hen the Commission adopt­ do business in Texas.
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