^ O N A M * FEDERA REGISTER
NUMBER 46 VOLUME 22 ^ O î ÎÎ t E D ^
Washington, Friday, March 8, 1957
TITLE 5— ADMINISTRATIVE Operating loan, provided the applicant CONTENTS has been discharged or released from the PERSONNEL active forces of the United States Army, Agricultural Marketing Service Page Chapter I— Civil Service Commission Navy, Air Force, Marine Corps, or Coast Proposed rule making : Guard under conditions other than dis Milk in Greater Boston, Merri Part 6—Exceptions P rom Competitive honorable, and served in any such forces mack Valley, Springfield, and Service during (a) the period April 6, 1917, Worcester, Mass., marketing GENERAL ACCOUNTING OFFICE through March 31,1921, or (b) the period areas______1511 December 7, 1941, through January 31, Effective upon publication In the F ed 1955. For Farm Housing loans, the Agricultural Research Service eral Register, paragraph (a) of § 6.118 spouses and children of deceased service Proposed rule making: is revoked. men also will be given preference. “De Anti-hog-cholera serum and (R. S. 1753, sec. 2, 22 Stat. 403; 5 U. S. C. 631, ceased servicemen” means men or women hog-cholera virus______ï___ 1521 633) who died in service during one of the Rules and regulations: United States Civil Serv periods specified in this section. Overtime services relating to imports and exports______1481 ice Commission, Dated: March 1,1957. [seal] Wm. C. H ull, Agriculture Department Executive Assistant. [seal] H. C. Smith, See Agricultural Marketing Serv Acting Administrator, IP. R. Doc. 57-1790; Piled, Mar. 7, 1957; ice ; Agricultural R esearch 8:55 a. m.] Farmers Home Administration. Service; Farmers Home Admin [F. R. Doc. 57-1766; Piled, Mar. 7, i957; istration. 8:49 a. m.] TITLE 6— AGRICULTURAL CREDIT Alien Property Office Notices: Chapter III— Farmers Home Adminis Vested property, intention to re tration, Department of Agriculture turn: Subchapter E— Account Servicing Bockle, Josei Andres, et al— 1539 Subchapter A— General Regulations [FHA Instruction 451.1] Drent, R -______1539 [FHA Instruction.410.1] P art 361—R outine Lomholt-Pedersen, J 0 r g i n e Karoline______1539 Part 301—Applications S ubpart A—Account S ervicing P olicies - ' Pohl, Edgar______1540 subpart b—veterans’ preference DISTRIBUTION OF COLLECTIONS Rabbie, Jacob S., et al______1540 Rostand, Rosmonde, et a l„ _ 1540 Subpart B in Part 301 of Title 6, Code Section 361.3 (a) of Title 6, Code of Spitz, lise Ruth______1540 of Federal Regulations (20 F. R. 2413) Federal Regulations (20 F. R. 9293), is State of Netherlands for bene is revised to read as follows: revised to provide a more equitable dis fit of Mrs. C. Werner et al_ 1541 Sec. - - * tribution of collections received from Vroman, M______i 1540 301.21 General. certain Farmers Home Administration 301.22 Persons entitled to veterans’ prefer borrowers and amended to read as Civil Aeronautics Board ence. if follows: Notices : Authority: §§301.21 and 301.22 issued § 361.3 Distribution of collections Hearings, etc. r Un
P art 235a—P reexamination of Aliens findings, conclusion, and recommenda into by the transportation line and the W ithin the United S tates tion is amended to read as follows: “The Attorney General under thé provisions of notice and a copy of the memorandum The first sentence of § 235a.l Ap section 238 (d) of the act: Provided, plication is amended to read as follows: shall be sent the petitioner by certified That, at all times such alien is in transit “Any alien, except a citizen of Canada, mail, return receipt requested, after re through the United States, and is not Mexico, or islands adjacent to the United view of the recommendation by the aboard an aircraft which is in flight States, who entered the United States regional commissioner, if made, and at through the United States, he shall be in prior to January 1, 1957, and has been least thirty days prior to final hearing.” the custody of an officer of th e United continuously physically present in the States, or in such other custody as may United States sinpe that date, shall apply P art 335—P reliminary Examination on be approved by the Attorney General. for preexamination on Form 1-63 if he P etitions for Naturalization 2. Paragraph Cb) of § 41.7 Nonimmi intends to apply to a consular officer of The second sentenc^bf paragraph (a) grants required to present passports but the United States in Canada for an im Recommendation thm petition be denied not visas or border crossing identifica migrant visa and he believes that he will of § 335.13 Notice of recommendation of tion cards, is amended by the addition be admissible to the United States under designated examiner is amended to read of the following subparagraph at the all the provisions of the immigration laws as follows: “The notice shall be sent by end thereof: if in possession of an immigrant visa; certified mail, with return receipt re (6) An alien who is a resident of that he will be able to obtain the prompt quested, after any review made by the Greenland and who makes application issuance of an immigrant visa, and that regional commissioner and at least thirty for admission into the United States. , he is a person of good moral character.” days prior to final hearing.” 3. Part 41 is further amended by re P art 242—P roceedings to D etermine designating § 41.8 Nonimmigrants ex D eportability of Aliens in the U nited P art 338—Certificate of N aturalization empted by law or treaty from the S tates : Apprehension, Custody, H ear The fifth sentence of § 338.16 Correc requirement of passports, visas, and ing, and Appeal tion of certificates is amended'to read border crossing identification cards, as 1. The first sentenceT3f paragraph (c) as follows: “The district director shall §41.22, and by the addition” of a new Service of § 242.1 Order to show cause forward - such duplicate to the official section reading as follows: and notice of hearing is amended to read Service file.” § 41.8 Nonimmigrants required to as follows: “Service of the order to show (Sec. 103, 66 Stat. 173) present visas or border crossing identifi cause shall be made by having a copy cation cards but not passports. The pro delivered to the respondent by an immi This order shall become effective on visions of section 212 (a) (26) (A) of gration officer or by mailing it to the re the date of its publication in the F ed the act relating to the requirement of eral R egister. spondent at hisv last known address by Compliance with the valid passports for nonimmigrants are certified or registered mail, return re provisions of section 4 of the Adminis trative Procedure Act (60 Stat. 238; 5 waived by the Secretary of State and the ceipt requested.” Attorney General, acting jointly, in pur 2. Paragraph (a) of § 242.17 Decision U. S. C. 1003) as to notice of proposed rule making and delayed effective date suance of the authority contained in of special inquiry officer is amended to section 212 (d) (4) (A) of the act, in the read as follows: is unnecessary in this instance because the rules prescribed by the order, other individual cases of aliens who fall within (a) Contents. The decision of thethan those which relieve restrictions and the following-described category, which special inquiry officer may be oral or are clearly advantageous to persons af is hereby declared to be an unforeseen written. Except in cases where deporta fected thereby, relate to agency proce emergency within the purview of that bility is determined on the pleadings dure. section : pursuant to § 242.16 (b), the decision (a) An alien who is described in sec shall include a summary of the evidence Dated: February 27, 1957. tion/ 212 (d) (8) of the act, and who is which and shall set forth findings of fact and J. M. S wing, in possession of a travel document conclusions of law as to deportability. Commissioner of is valid” for at least thirty days from the date of his admission into the United Adoption by the special inquiry officer Immigration and Naturalization. of the factual allegations and charges States for his entry into a foreign in the order to show cause shall constitute [F. R. Doc. 57-1618; Filed, Mar. . 7, 1957; country. 8:45 a. m.j the setting forth of findings of fact and The regulation contained in this order conclusions of law within the meaning of shall become effective upon publication this paragraph. The decision shall also TITLE 22— FOREIGN RELATIONS in the F ederal R egister. The provisions contain a discussion of the evidence re of section 4 of the Administrative Pro lating to the respondent’s eligibility for any discretionary relief requested and Chapter I—-Department of State cedure Act (60 Stat. 238 ; 5 U. S. C. 1003) the reasons for granting or denying the [Dept. Reg. 108.311] relative to notice of proposed rule mak application. The decision shall be con ing and delayed effective date are inap cluded with the order of the special in P art 41—Visas : D ocumentation of N on plicable to this order because the quiry officer. immigrant Aliens U nder the Immigra regulations contained therein involve tion and N ationality Act foreign affairs functions of the United P art 292—Enrollment and D isbarment Nonimmigrant documentary waivers States. . of Attorneys and R epresentatives (Sec. 104, 66 Stat. 174; 8 U. S. C. 1104) , Pàrt 41, Chapter I, Title 22 of the Code Section 292.12 is amended to read as follows: of Federal Regulations, is amended in Dated: February 20, 1957. the following respects: § 292.12 Service of decision and other * Scott McLeod, 1. Subparagraph (1) of paragraph (b) Administrator, Bureau of Secu papers. Except where specific provision of § 41.6 Nonimmigrant not required to is otherwise made in this chapter, when rity and' Consular Affairs, ever a decision, notice or other paper is present passports, visas, or border cross Department of State. ing identification pards, is amended to required to be given or served, i t shall Dated: February 27, 1957.. be done by personal service, or certified read as follows: J. M. SWING, or registered mail upon the person (1) An alien who is being transported designated in § 292.11. \ Commissioner of Immigration by bus, railroad, or air in immediate and and Naturalization, Immi continuous transit through the Unit&d gration and Naturalization # P art 332—P reliminary I nvestigation of States directly from one part of Canada Service, Department of Jus- Applicants for N aturalization and to another or from one part of Mexico W itnesses to another, without stopover, in accord ‘ tice. The third sentence of § 332.14 Notice ance with the terms of a contract, in [F. R.. Doc. 57-1749; Filed, Mar. 7, 1957, of proposed recommendation of denial; cluding a bonding agreement, entered # 8:45 a.m.] ■ < Friday, March 8, 1957 FEDERAL REGISTER - 1483 nerability to nuclear attack, with par of government-owned production equip TITLE 32A— NATIONAL DEFENSE, ticular attention to the possibility of (a) ment, on a loan basis, to enable the mili APPENDIX minimizing vulnerability o f facilities tary departments to meet current producing "urgent” items under sub- production schedules, as provided in Chapter I— Office of Defense paragraph (A) (1) above, including the DMO-VU-4, Amendment 1. Mobilization need for dispersal, protective construc b. Privately-owned facilities and gov [Defense Mobilization Order VII-7 tion, and special security measures to ernment-owned tools. 1. Arrange with (Revised) ] safeguard against sabotage or clandes management of privately-owned facili DM0 VII-7—Maintenance of the Mo tine attackr and (b) reducing concentra ties, wherever possible, to place bilization B ase (D epartment of D e tion of uncommon critical production government-owned tools and production fense, Atomic Energy Commission and facilities so that a productive segment of equipment in the status provided by the Maritime Administration) each critical industry would be likely to DM O-VI1-4, as amended, taking into ac survive a nuclear attack. count the desirability of safe location. Pursuant to the authority vested in me C. The Atomic Energy Commission 2. Arrange with management, on a by Executive Order 10480 of August 14, and the Maritime Administration, in co voluntary basis, to keep a group of key 1953, Defense Mobilization Order VII-7 operation with the Office of Defense managers, engineers, and skilled work as amended (19 F. R. 5395, 7350, 7641, Mobilization, shall determine the items ers familiar with the items planned for 20 P. R. 5777 and 21 F. R. 197) is hereby and facilities which meet the above mobilization production. revised to read as follows: criteria for their respective programs for 3. Determine the gaps which exist in 1. A sustained state of mobilization maintaining the mobilization base. government-owned packages of tools and production readiness is necessary to place 3. Maintaining the mobilization base: production equipment needed to produce the United States in a defense posture A. Facilities selected to produce “ur mobilization requirements in privately- which will enable the nation to defend gent” items shall be maintained within owned plants. Within the limit of fund itself against aggression in peripheral limits of existing procurement authority availability, plan the procurement of conflicts or general war involving nuclear and funds available by the Department such tools and equipment with priority attack on this country. Therefore, the of Defense, The Atomic Energy Commis being given to long lead-time tools and facilities, machine tools, production sion, and the Maritime Administration equipment or those not used in general equipment, and skilled workers necessary in the following manners to the maxi manufacturing. Thèse tools and equip- to produce the wartime requirements of mum practical degree: , ment, when procured, should be placed in the Department of Defense, Atomic (1) Current procurement shall be the status provided by DMO-VII-4, as Energy Commission, and the Maritime placed in these facilities to the extent amended, taking into account the desira Administration shall be maintained in a which will maintain them in a state of bility of safe locations. state of readiness which will facilitate readiness compatible with the plans of 4. Determine which government- their immediate use or conversion in the procuring agency. owned tools and equipment have become time of emergency, with especial empha (2) Machine tools and production obsolete, or which would not be used in sis on measures to maximize the equipment will be installed in these event of mobilization, and plan for their probability of continued post-attack faéilities to the extent found necessary disposal in accordance with the provi production of those items judged to be by the procuring agency. sions of DMO-VTI-4, as amended. vital to survival and victory. (3) Develop and maintain plans for 4. Achieving production readiness: 2. Selection of the mobilization base: alternate production capacity in case A. In order to achieve a capability for A. The Department of Defense shall disaster destroys current facilities, such maximum production of “urgent” items select, for its mobilization base, facilities capacity to be located to the maximum during the initial phase of war, the fol which produce oy are capable of extent possible away from highly con lowing readiness measures shall be taken producing critically important military centrated industrial areas and major where advisable for facilities producing items or components (military class A military installations. such items: components used entirely in the produc B. Other facilities selected as part of (1) Establishment of emergency pro tion, maintenance, or repair of military the mobilization báse, shall be main duction schedules. items) which meet one of the following: tained to the fullest extent possible. (2) Development of a production ca (1) Those items which would be so (1) Procurement agencies shall inte pability which would function under urgent to the defense of this country grate current procurement with their in widespread disruption and damage im that utmost effort must be exerted to dustrial mobilization plans to the great posed by enemy attack, including, where produce them even in case of general est possible extent with the objective of necessary: war involving severe damage to the fa supporting the mobilization base within a. Maintenance of an increased inven cilities necessary to produce these items authorities and funds available. tory of finished components and related and the components thereof. (2) Data assembled on essential mo production supplies at assembly plants, (2) Those items essential to survival bilization suppliers by the industrial or arrangements for alternative supply and retaliation, maintenance of health, mobilization planning of these agencies lines where increased inventories are not or combat efficiency required to support shall be used in planning current pro feasible. Peripheral war and which meet one or curement. The policy of using con b. A capability to carry on urgent pro more of the following criteria: tractors and facilities essential to the duction without dependence on addi ' a- Items requiring a long lead-time or mobilization base is considered t(f be in tional personnel, external sources of long manufacturing cycle. the best interest of the Government. power, fuel, and water, or on long-dis b. Items currently not in production (3) Planned producers that are tance communications ; with spare or which are required in quantities far deemed to be a part of the* mobilization replacements for* highly vulnerable or in excess of peacetime production. base will be invited to participate in unreliable parta of production equipment. c. Items requiring the conversion of an appropriate current procurement. c. Protection of production facilities industry or a number of plants within an (4) Upon expiration of curent pro from enemy sabotage through adequate industry. ’ curement contracts in a facility, the pro physical security measures. d. Items requiring materials or manu curing agency shall take such of the d. Protection of personnel from wide facturing processes essentially different following actions as are compatible* with spread radiological fallout through pro from those in current use. its plans for maintaining a state of visions for decontamination and shelter. e. Items for which industry does not readiness: 5. Retention of industrial facilities: nave production experience. a. Government-owned facilities and A. Industrial properties, owned by the Subparagraph (2) above is inclusive of tools. Within the limitations that may Department of Defense, the Atomic Department of Defense Preferential be imposed by Congressional appropria Energy Commission, and the Maritime Planning List of End Items. tions, place government-owned facilities Administration, shall be, retained in the *n selecting facilities for the De and tools in standby status and establish Industrial reserves (National Industrial partment of Defense -mobilization base, provisions for their adequate mainte Reserve, Departmental Industrial onsideration shall be given to their vul- nance. This does not preclude the use Reserve for the Department of Defense) 1484 RULES AND REGULATIONS of the department and agencies lo the TITLE 46— SHIPPING § 38.01-1 Scope of regulations— extent the capacity of said reserves is TB/ALL. (a) The regulations in this necessary for the production of defense Chapter I— Coast Guard, Department part contain requirements for the trans or defense-supporting end items, mate of the Treasury portation in fixed, independent, pres rials or components in a mobilization sure-vessel type cargo tanks of liquefied period. Subchapter D— Tank Vessels inflammable gases in bulk, except as B. Each idle plant in the reserves shall [CGFR 57-8] otherwise provided for in paragraph (b) be reviewed annually by the heads of the of this section. P art 38—Liquefied I nflammable G ases 1 respective agencies to determine if the (b) When liquefied inflammable gases capacity of the plant continues neces SCOPE OF REGULATIONS are to be transported at their boiling sary for mobilization purposes. Notices regarding proposed changes in temperatures at or near atmospheric C. Upon the determination by the pressure, the Commandant may permit head of the agency that the capacity of the navigation and vessel inspection reg ulations were published in the F ederal the use of alternate methods of storage a plant is excess to the mobilization re if it is shown to his satisfaction that a quirements of the agency, immediate R egister dated March 1, 1956 (21 F. R. 1350-1356), and March 28, 1956 (21 F. R. degree of safety is obtained consistent steps will be taken to dispose of the plant with the minimum requirements of this through existing government channels 190L 1902), as Items I through XVIII of the Agenda to be considered by the part. for surplus disposal. The Office of De (c) The regulations covering the fense Mobilization shall be informed by Merchant Marine Council 'at a public hearing which was held on April 24, transportation in portable tanks of General Services Administration of each liquefied inflammable gases are con proposed surplus action prior to final de 1956, at Washington, D. C. This doc ument is the seventh of a series covering tained in Parts 146 and 147 of Subchap termination. 4: ter N (Explosives or Other Dangerous 6. Establishment of the Defense Fa the regulations considered at this public hearing. The first two documents con Articles on Board Vessels) of this cilities Maintenance Board : chapter. A. To provide the necessary coordina tain dangerous cargo regulations. The tion and review of the execution of this third document contains miscellaneous (R. S. 4405, as amended, 4417a, as amended, program, there is hereby established a amendments to the vessel inspection reg-_ 4462, as amended; 46 U. S. C. 375, 391a, 410. ulations. The fourth. document con- ~ Interprets or applies sec. 3, 68 Stat. 675; 50 Defense Facilities Maintenance Board. U. S. C. 198; E. O. 10402, 17 F. R. 9917, 3 CFR This Board, under the Chairmanship of tains miscellaneous amendments to the- 1952 Supp.) the Office of Defense Mobilization, shall marine engineering and electrical reg be composed of representatives of the ulations. The fifth document contains Dated March 1,1957. amendments to merchant marine per Department of Defense and each of the [ seal] «. A. C. R ichmond, three services, the Department of Com sonnel regulations. The sixth docu Vice Admiral, U. S. Coast Guard, merce, the Atomic Energy Commission, ment deals with access to and release Commandant. the General Services Administration, of information from marine safety and the Small Business Administration, records. [F. R. Doc. 57-1781; Filed, Mar. 7, 1957; and will perform the following func All the comments, views, and data sub 8:52 a. m.] tions: mitted in connection with the items con (1) Recommend to the Director of the sidered by the Merchant Marine Council Office of Defense Mobilization policy at this public hearing have been very TITLE 47— TELECOMMUNI necessary to carry out the mobilization helpful to the Coast Guard and are very CATION base maintenance program. much appreciated. On the basis of the (2> Establish the interagency proce information received certain proposed Chapter I— Federal Communications dure necessary to assure and measure regulations were revised and others re Commission progress in implementing established jected. With respect to Item III— policy, and Vdvise the Director of the Transportation of Liquefied Inflammable [Docket No. 11747; FCC 57-180] Office of Defense Mobilization on the' Gases, no change was made in the pro [Rules Arndt. 3-55] status of the program. posed regulations. The ^publication of (3) Make recommendations to thethe change in the F ederal R egister was P art 3—R adio Broadcast Services Director of the Office of Defense Mobili delayed, however, until “Tentative Re TABLE OF ASSIGNMENTS, TELEVISION zation as to additional methods and pro quirements for the Transportation of BROADCAST STATIONS cedures beyong the authorities of the Liquefied Inflammable Gases at or Near procuring agencies for assuring the Atmospheric Pressure” were available In the matter of amendment of § 3.606, maintenance of both government-owned for public distribution upon request. Table of Assignments, Television Broad and privately-owned facilities essential The change in 46 CFR 38.01-1 will per cast Stations (Springfield, Ulinois-St. to the mobilization base. mit the development of initial proposals Louis, Missouri). B. The Board may at any time request to permit the transportation of liquefied 1. The Commission has before it for the Director of the Office of Defense gases at atmospheric pressure in gravity consideration the proposals set out in its Mobilization to ask the heads of o£her type cargo tanks. The Commandant Notice of Proposed Rule Making issued in departments and agencies to designate will exercise discretionary power to coh- - this proceeding on June 26, 1956, and representatives to meet with the Board sider and evaluate different methods of subsequent further Notices, for the re on specific problems. shipment which may be. proposed by the allocation of television channels in the 7. The Department of Defense, Atomic industry. Springfield, Illinois, and St. Louis, Mis Energy Commission, and Maritime Ad By virtue of the authority vested in souri, areas. Interested parties have me as Commandant, United States Coast been afforded an opportunity to submit ministration shall furnish the Director comments directed to the Commission’s of the Office of Defense Mobilization Guard, by Treasury Department Order No. 120, dated July 31, 1950 (15 F." R. proposals and to advance counterpro with reports on items and facilities for 6521), Treasury Department Order 167- posals, and we are now in a position to programs under 2.A. and 2.C. above, and 14, dated November 26, 1954 (19 F. R .. issue our Report. with such other periodic and special 8026), and Treasury Department Order 2. The Commission last June issued reports as he may require affecting the CGFR 56-28, dated July 24,1956 (21 F. R. its Report and Order in the general tele maintenance of the mobilization base. 5659), to promulgate regulations in ac vision allocation proceeding in Docket 8. This revised order shall take effect cordance with the statutes cited with the No. 11532 outlining a long-range pro on March 6, 1957. regulations below, the following amend gram designed to improve the television allocation structure. At the same tune O ffice of Defense ment to § 38.01-1 is prescribed and shall become effective 90 days after the* date we considered what action might oe Mobilization of publication of this document ip, thé taken to improve the opportunities for Arthur S. F lemming, F ederal R egister : more effective competition among Director. greater number of stations in individua [F. R. Doc. 57-1812; Filed, Mar. 6, 1957; 1 This heading is amended by changingcommunities and areas pending a reso 12:59 p. m.j the word “petroleum” to “inflammable.” lution of the long-range program, whicn Friday, March 8, 1957 FEDERAL REGISTER 1485 will require some years to implement. In The Commission stated that this re Louis. American Broadcasting Company furtherance of this interim program a quest should be considered in conjunc filed reply comments supporting the number of rule making proceedings such tion with the subject proceeding and counterproposal to assign Channel 2 to as the instant one have been initiated that there was no necessity for amending St. Louis and Terre Haute. Cape Girard proposing channel changes for various the Notice of Rule Making or for insti eau Television Company filed reply com communities. tuting further rule making to incor ments supporting its proposal to assign 3. With respect to Springfield, the porate the Terre Haute proposal, and Channel 2 to Cape Girardeau. Hirsch Commission proposed to deintermix the that Plains could fully prosecute the Broadcasting Company (KFVS-TV) on area by shifting VHS Channel 2 from proposal to shift Channel 2 fromBpring- Channel 12 in Cape Girardeau filed reply Springfield to St. Louis, Missouri, and to field to Terre Haute as well as to {=!t. comments opposing the Cape Girardeau add UHF Channel 39 to" Springfield, as Louis as a counterproposal in the pro counterproposal. follows: ceeding. 7. In our Report and Order issued last 5. In addition to the foregoing pro June outlining the proposals for interim Channel No. posals, Cape Girardeau Television Com action, we noted that because of the City pany submitted a counterproposal urg widely varying circumstances in indi Present Proposed ing that Channel 2 be assigned to Cape vidual markets and the numerous fac Girardeau, Missouri, rather than St. tors bearing on the choice of techniques Springfield, HI...----- 2, 20, *66...... 20, 39, *66. Louis; and Wabash Valley Broadcast in any individual community or area, St. Louis, Mo.....—: 4, 5, *9, 11, 30, 2, 4, 6, *9, 11, ing Corporation, operator of Station it would not be possible^ to formulate 36, 42. 30, 36, 42. S3 ______WTHI-TV on Channel 10 in Terre Haute, rigid criteria to be supplied- to individual 49. submitted a counterproposal urging that cases in order to indicate the course Channel 2 be assigned to Salem, Illinois, that would best serve the public interest •Reserved for education. and Salem, Missouri, instead of St. Louis in each community. We did conclude, On July 25, 1956, the Commission and Terre Haute. however, that certain considerations issued a Notice of Further Proposed Rule 6. Comments have been filed by in would have a bearing on our decisions Making in the Springfield proceeding terested parties; Plains Television Cor in the individual commuhities, and that concluding that the public interest would poration (WICS) on Channel 20 in in markets with one or more commercial be served by assigning an additional UHF Springfield; Prairie Television Company VHF channels, the merits of proposals to channel to Springfield and proposing to (WTVP) on Channel 17 in Decatur, Il eliminate a VHF would depend, in large add Channel 26 as a third commercial linois; Signal Hill Telecasting Corpora part, on such factors as: UHF outlet. Subsequently, on October tion (KTVI) on Channel 36 in St. Louis; (1) Whether significant numbers of 12,1956, the Commission issued a second Midwest Television, Inc. (WICA) on people would lack service as a result of Notice of Further Proposed Rule Making Channel 3 in Champaign-Urbana, Il the elimination of the VHF channel. noting that Channel 36 bus been in oper linois; American Broadcasting Com (2) Whether one or more UHF sta ation at St. Louis for some time and that pany; the Joint Council on Educational tions are operating in the area. there are many TV sets in the hands of Television and the City of St. Louis, C3) Whether a reasonably high pro the public in the area between St. Louis support the proposal to shift Channel 2 portion of the sets in use can receive and Springfield capable of receiving this from Springfield to St. Louis. ABC also UHF signals. channel, and inviting parties to comment supports the assignment of Channel 2 to (4) Whether the terrain is reasonably on a proposal to assign Channel 36 to Terre Haute in addition to St. Louis. favorable for UHF coverage. Springfield by deleting it from St. Louis WMAY-TV, Incorporated, which holds a (5) Whether, taking into account all instead of adding Channel 39 to Spring- conditional grant on Channel 2 in the local circumstances, the elimination field. This proposal, it was pointed out, Springfield;1 Sangamon Valley Corpora of a VHF channel would be consistent can be accomplished as follows: tion, unsuccessful applicant for Channel with the objective of improving the op 2, and Cape Girardeau Television Com portunities for effective competition Channel No. pany oppose the Commission’s proposal.* not get service from any other station. City Cape Girardeau filed comments support Similarly, we noted that the desirability Present Proposed ing its own counterproposal to assign of assigning additional VHF channels to Channel'2 to Cape Girardeau. Turner- communities would depend principally Farrar Association (WSIL-TV) on Chan Springfield, m - 'i, 20, *66...... 20, 26, 36, *66. upon: St. Louis, Mo. 4, 5, *9,11, 30, 2, 4, 6, *9, 11, nel 22 in Harrisburg, Illinois, notes that (1) Whether it is possible to locate the 36, 42. 30,42. the proposal to assign Channel 2 to Cape Jacksonville, IÎ1..J__ 29 49. new transmitter so as to meet the min Davenport, Iowa- 4,6,*30,36,42l 4, 6, *30, 42, 68. Girardeau conflicts with its pending imum transmitter spacings. Rock Island-Moline, petition to employ Channel 3 in Harris (2) Whether, in cases where it is burg. Reply comments were filed by necessary to move the channel from an ‘Reserved for education. Plains Television, Signal Hill, St. Louis other city, there is greater need for the Amusement Company and St. Louis Tele channel in the area to which it is pro Signal Hill Telecasting Corporation oper cast, Inc., supporting the proposal to posed to be assigned. ates Station KFVI on Channel 36 in St. assign Channel 2 from Springfield to St. (3) Whether the addition of a new Louis, and the Commission advised that VHF assignment would be consistent any additional proceedings which may be >On June 29, 1956, after a comparative with the objectives of improving the necessary in order to delete KTVI’s pres hearing; the Commission released a Final opportunities for effective competition ent frequency would be instituted at a Decision granting the application of WMAY- among a greater number of stations. later date. TV, Inc., hut providing that “* * * the Com The proposals to delete VHF Channel 2 4. On November 6, 1956, the Commismission may without further proceedings, ion issued a Memorandum Opinion and substitute for Channel 2 such other channel from Springfield and to assign this fre Order in this proceeding with respect to as may be assigned to Springfield instead of quency elsewhere must be considered in Channel 2 in the rule making proceedings the light of these factors. a petition filed by Plains Television Cor now pending in Docket No. 11747 and subject poration seeking to amend the Commis to the further condition that no construction 8. The Springfield area is predomi sion’s proposal to include the assignment shall be commenced under the permit here nantly UHF in the sense that a number Channel 2 to Terre Haute, Indiana, in granted until further order of the Commis of UHF stations are presently operating addition to St. Louis, as follows: sion to be issued subsequent to the conclu there and relatively little VHF service sion of Docket No. 11747 by the Commission invades the area. Plains Television Cor Channel No. and the specification by the Commission City of either Channel 2 or such other channel poration operates UHF Station WICS on as may be substituted for it in Docket No. Channel 20 in Springfield and Prairie £__ '■ Present Proposed 11747 as the channel on which WMAY-TV Television Company operates UHF Sta shall operate.” Sangamon Valley Television tion WTVP on Channel 17 in Decatur, Terre Haute 10, *67,63,73- 2, 10, *57, 63, Corporation, 11 RR 783, 814. 73. 2 The Attorney General of the State ofIllinois, some 37 miles from Springfield. Illinois has also opposed thç deletion of Other UHF stations operating in the gen •Reserved for education. Channel 2 from Springfield. eral area are Station WBLN on Channel 1486 RULES AND REGULATIONS 15 in Bloomington, 111., 56 miles distant,2* stallation necessary to get service, it is mum mileage requirements. Accord and WEEK-TV on Channel 43 and probable that some service is now being ingly, the., new channels would not WTBH on Channel 17 in Peoria; Illinois, provided. T ie parties supporting de merely duplicate the service of existing 58 miles away.3 Midwest Television, intermixture argue, moreover, that no VHF stations but would provide service Inc., operates VHF Station WICA on areas would lack service if the UHF sta to areas and population presently not Channel 3 in Champaign, Illinois, about tions employ the authorized maximum being served by the stations already in 78 miles from Springfield. power of 5000 kw. They submit that the the community. The record indicates 9. The UHF character of the Spring- coverage afforded by UHF stations in that if Channel 2 is employed in both field area is further evidenced by the the Springfield area operating with such St. Louis and Terre Haute, as proposed high percentage of TV sets in the area power would be at least comparable to by some parties, an area of about 308 capable of receiving UHF transmissions. the coverage afforded by a station on square miles containing almost 3,000 The parties agree that virtually all-sets Channel 2. persons would receive a first Grade B in the Springfield area are equipped for 12. WMAY-TV, opposing deintermix service. If Channel 2 is employed in UHF. Data in the record for June 1956 ture, submits no engineering showing both Cape Girardeau and Terre Haute, indicates that 100 percent of the sets in with respect to possible loss of potential as suggested by another party, an area the Springfield metropolitan area and service by the deletion of Channel 2 from of about 277 square miles containing 99 percent of the sets in Sangamon Springfield. Sangamon Valley refers to 3,225 persons would be expected to re County, Springfield’s home county, are a document that it submitted jn an ceive a first Grade B service. Thus, al equipped for UHF. Moreover, it appears earlier proceeding last April, which though deletion of Channel 2 might re that all sets now being sold in the reaches the conclusion that a “white sult in a potential “white area” in the Springfield area are equipped for UHF. area” of 499 square miles would result vicinity of Springfield, the use of Chan The parties supporting deintermixture if Channel 2 is not employed in Spring- nel 2 that can be made in other com maintain that 87.1 percent of all televi field.5 Cape Girardeau computes the munities would afford service to “white sion homes in the nine-county area sur “white area” that would result from de areas” in other localities. rounding Springfield can presently re letion of Channel 2 at 351 square miles, 15. We now turn to the possibilities ceive UHF.4 alleging that this area would contain a for the employment of Channel 2 in the 10. The flat terrain in the Springfield population of 12,243 persons.6 event this frequency is deleted from area is ideally suited for UHF propaga 13. Since any computation of the area Springfield. The Commission initially tion. This Central Illinois farmland and population that might slose service proposed that Channel 2 be shifted to contains few hills or other prominent by the deletion of Channel 2 from St. Louis, but it was later noted that features which might restrict UHF cov Springfield must be based on so many Channel 2 could be employed in Terre erage, and we are convinced that UHF variables and intangibles and must as Haute as well as St. Louis. Cape Girar can deliver satisfactory service in this sume antenna heights and powers to be deau Television suggests, in the alterna area. employed in the future, no precise com tive, that Channel 2 be assigned to Cape 11. No viewers will lose existing serv putation can be_ made. Moreover, the Girardeau, Missouri, and to Springfield, ice by the deletion of Channel 2 from propagation curves presently available where\it is now assigned, or to Terre Springfield since no station is presently' and methods of computation do not per Haute. Channel 2 cannot be employed in operating on this frequency. The ques mit precise computations of coverage at both St. Louis and Cape Girardeau. tion remains, however, whether any specific locations.- The predictions in the Finally, Wabash Vajley, a VHF operator areas that would receive Service from a record as to the potential “white area” in Terre Haute, proposes that Channel station on Channel 2 in Springfield would vary from zero to 499 square miles. 2 be assigned to the communities of not get service from any other station, Furthermore, it should be emphasized Salem, Illinois, and Salem, Missouri. i. e., the Question of potential “white that we are dealing here with potential 16. One of the matters that the Com area.” Plains Television, the Spring- “white area” not with the deletion of an mission indicated it would consider in field UHF operator, submits that only an existing service; and as noted above, the assignment of additional VHF chan insignificant number of persons" in a some service is presently being provided: nels is the possibility of employing the small area southeast of Springfield in In any event, it is expected that only a frequency in the new community so that Fayette and Effingham Counties would relatively small area and population all minimum mileage spacing require not be within the Grade B countour of at would not receive any Grade B service ments will be met. The record indicates least one station if Channel 2 is deleted if Channel 2 is not employed in that all of the proposals for the redeploy from Springfield. This “white area” Springfield. ment of Channel 2 from Springfield can be estimated to vary from 160 to 350 14. The deintermixture proposal for either meet the minimum assignment square miles depending on the assump the Springfield area does not còntem- spacing requirements or that transmit tions of power and antenna height em plate the deletion of Channel 2 from ter sites are available, in accordance ployed; and the population within this Springfield without its employment else with the Rules, to provide the necessary area, centered about 60 miles southeast where, and the question of “white^area” minimum spaemgs and afford a princi of Springfield, is estimated to vary from in Springfield must also be examined pal-city signal over the community to 4,000 to 8,000 persons. However, Plains from the standpoint of the use of the be served. All of‘ the proposals, there submits data indicating that there is a frequency that can be made in other fore, meet the Commission’s technical 65 percent set saturation in the two communities and the' areas and popu requirements for the assignment of tele counties in which the “white area” is sit lations that might gain their only serv vision channels. uated. While we are unable t& evaluate ice from such new use. Although a num 17. St. Louis ranks as the 9th metro ber of proposals for the reassignment of politan area in the country with a 1950 the quality of service obtained in this population of 1,681,281. T h e’population area or to determine the type of in- Channel 2 would merely duplicate VHF channels already assigned, stations em Of the City is 856,796. Three commer cial VHF channels are now assigned. 2* The Commission was recently notified ploying these frequencies in such com Stations are operating on Channels 4 that WBLN had ceased operation on Febru munities as St. Louis and Terre Haute and 5 and Channel 11 is involved in a ary 5, 1957, because of financial difficulties, would be required to locate their trans but hoped to return to the air within a comparative proceeding. An educational month. mitter some distance from the center of station is operating on VHF Channel 9 3 The Commission is today issuing a Re the community in order to meet mini- reserved for the purpose. Three UHF port and Order in. the Peoria TV reallocation channels are assigned. Station KTVI proceeding (Doc. 11749) making Peoria an 6 This figure is based on the operatingoperates on Channel 36 and an applica all-UHF community by shifting Channel 8 power and antenna height of existing tion is pending for Channel 30. No to Davenport-Rock Island-Moline and by stations and assumes a power a 500 kw at an Grade B or better television service from adding UHF Channels 25 and 31 to Peotia. antenna height of 900 feet for the UHF sub stations in other communities is received. 4 This high saturation of UHF receivers can stitute for Channel 2. The propagation be contrasted with the situation in St. Louis, curves set out in the rules are employed. The addition of Channel 2 would repre where two VHF stations are operating in • Cape Girardeau’s figure is based on the sent a fourth commercial VHF outlet. addition to one UHF station, and where it methods set out in Appendix A to the Com The parties supporting the assignmen is estimated that only 40 percent of the sets mission’s Report and Order issued last June, of Channel 2 to St. Louis submit tnat are converted for UHF, as amended by suggestions of the AFCCE. this city has a need for a wholly loca Friday, March 8, 1957 FEDERAL REGISTER 1487 programming service designed to serve “notably high”; that few UHF receivers it maintains that UHP cannot survive the needs of the area, And contend that are presently in the area; and that competition from an additional VHP a fourth VHP station in St. Louis would neither town will receive local service station in this area. The deintermix provide the area with local program ma unless VHP channels are assigned. ture proponents submit that if Channel terial and would be available for use by Opponents to the assignment of Channel 2 is deleted from Springfield, and Chan local advertisers. Conversely, they main 2 to these communities argue that it is nel 8 from Peoria as proposed in Docket tain that the operation of a VHP station highly doubtful that any one would No. 11749, the bulk of the service areas in Springfield would merely eliminate or attempt to operate television stations in of UHF stations in Springfield and im degrade the service of one or more UHF either of these small communities. mediate area will be free from VHF com stations. ' They point out that other channels are petition. Plains Television, the Spring- 18. Terre Haute ranks as the 146th available for this area to-provide service, field UHP operator, argues that if' the metropolitan area with a 1950 population for example, channels are assigned, in Springfield-Decatur area is deinter- of 105,160. The city population is Centralia, Illinois, 12 miles from Salem, mixed, effective use can be made of as 64,214. Three commercial channels, Illinois, and in Rolla, Missouri, 23 miles signed UHP channels, but if Channel 2 VHP Channel 10 and UHP Channels 63 from Salem, Missouri, and contend that remains, the UHP frequencies will be and 73 are assigned. Wabash Valley the establishment of stations in small wasted. It points out, on the other hand, operates Station WTHI-TV on Channel communities such as these would do lit that St. Louis and Terre Haute will derive 10. No applications have been submitted tle to further the Commission’s objective no benefit from their UHP channels since for the UHP channels. Two VHP chan of stimulating competition among a their use is precluded by the operation nels in other communities, Channel 4 greater number of stations.7 | of local VHP statiohs as well as VHP in Bloomington, Indiana, and Channel 3 21. Coverage data for Channel 2 inservice from outside the city. The only in Champaign, Illinois, provide Grade B various combinations is supplied by Cape practicable means for bringing additional service to the immediate vicinity of Terre Girardeau Television, as follows: service to these communities, Plains Haute. The proposed station on Channel contends, is by the addition of VHF. 13 in Indianapolis would provide Grade W ithin interference- 23. The opponents to deintermixture B service to a part of the city. One UHP free Grade B con submit, on the other hand, that the station on Channel 24 in Danville, Illi tour Springfield area is not one in which UHP nois, also provides some Grade B service Cities service is so clearly predominant that to Terre Haute'. ABC supports the Area in Popula the mere deletion of Channel 2 can square tion assignment of Channel Z to Terre Haute. miles create a “UHF island”. They argue 19. ih e 1950 population of Cape Gir that Springfield will continue to be an ardeau is 21,578 persons. Three channels St. Louis (site west of city)_____ 10,525 1,970,270 intermixed market since both Spring- are presently assigned, VHF Channel 12 Plus Terre Haute___ 11_____ 7,542 471,346 field and the surrounding area regularly and UHP Channels 18 and 69. Hirsch receive VHP Station WCIA-TV on Chan Broadcasting Company operates Station Total...______18,067 2, 441,616 nel 3 at Champaign and rely upon this KFVS-TV on Channel 12. No applica Cape- Girardeau______11,100 544, 527 station as much or more than UHP Sta tions have been filed for the UHP chan Terre Haute______7,723 476, 755Plus tion WICS in Springfield itself. They nels. A station on Channel 6 in Paducah, Total.______18,823 1,021,282 argue that so long as such a high propor Kentucky would provide Grade B serv Cape Girardeau__ ...______10,000 497,962 tion of Springfield viewers rely on a ice to Cape Girardeau. Cape Girardeau Plus Springfield______8,525 535, 549 VHP station, even though situated in a Television Company urges that Channel different community, it would not be 2 should be assigned to this community, 18, 525 1,033, 511 possible by deleting Channel 2 to create pointing out that this assignment cafi be a healthy atmosphere for the growth made by retaining Channel 2 in Spring- The foregoing tabulation demonstrates and development of UHP. Plains Tele field or shifting it to Terre Haute. Cape that the various combinations for the vision replies, however, that while the Girardeau submits that unless an addi use of Channel 2 would all serve sub Champaign VHP station does , have a tional VHP channel is assigned this com stantially the same amount of area. substantial audience in Springfield, the munity will continue indefinitely to be However, with Channel 2 assigned to St. UHP station has a greater audience dur a one-station market since no use can - Louis, a greater population would receive ing larger portions of the time.. It also be expected to be made of the UHP service. Cape Girardeau Television argues that complete deintermixture in channels. argues, however, that its proposal for order to achieve a healthy situation un 20. Salem, Illinois, has a 1950 popula the assignment of Channel 2 to Cape der which UHF can thrive is not re tion of 3,611 persons and Salem, Mis Girardeau instead of St. Louis would be quired since UHP can, in appropriate souri, 6,159 persons, Wabash Valley more efficient since it would provide more cases, compete with VHP signals origi Broadcasting Corporation, a VHP oper service to areas with fewer VHP services. nating outside the community. The suc ator in Terre Haute, proposes that Chan However, much of the area and popula cess of UHF stations WICS and WTVP nel 2 be assigned to both Salem, Illinois, tion within a Cape Girardeau station’s in the Springfield-Decatur area against and Salem, Missouri. This proposal Grade B contour already receive service competition from the single VHP station would conflict with the assignment of from one or more VHP stations, and the in Champaign is cited as an indication Channel 2 in Terre Haute, St. Louis, and greater majority would receive service of the ability of UHF to compete with Cape Girardeau. Neither Salem, Illinois, from two or more VHF stations. one outside VHP station inf this area. nor Salem, Missouri,, has a local tele 22. The parties urging deintermixtureFurthermore, it is noted that much of vision assignment nor receives Grade B submit that on the basis of their knowl the service areas of the UHP stations service from any stations operating out edge of local conditions^ and the expe will be free from VHP competition. The side the community at this time. Serv rience encountered by UHP stations in proponents of deintermixture assert that ice could be obtained from UHF channels other markets similarly situated, the UHF has demonstrated that it can sur assigned to nearby communities, how establishment of a VHP station in vive in the Springfield-Decatur area in ever. Wabash Valley argues that there Springfield would effectively destroy (competition with the existing VHP sta is a greater need for the service that UHP television in both Springfield and tion in Champaign, but experience else would be afforded by stations on Chan Decatur. Prairie Television, the UHP where makes it clear that UHP cannot nel 2 in the area surrounding Salem, operator in Decatur, submits in this con survive against multiple VHF competi Illinois, and Salem, Missouri, than in the nection, that the VHP operation on tion; and they argue that it is therefore St- Louis and Terre Haute areas. Wa Channel 3 in Champaign has already essential that no additional VHF stations bash Valley alleges that there-is no local impaired its ability to compete and to commence operation. television service within 70 miles of render service in both Decatur proper 24. We have reviewed the record in this Salem, Illinois,, or within 90 miles of and other parts of its service area; and proceeding in the light oif the factors Salem, Missouri; that both communities listed in our Report and Order of last 7 In light of our conclusions rejecting are situated in important rural areas Wabash Valley’s proposal for Salem, as set June, and have concluded that the public presently without VHP outlets; that the out below, coverage data with respect to interest would be served by deleting circulation of VHP sets in the area is this proposal is not discussed in detail. Channel 2 from Springfield and making No. 46-----2 1488 RULES AND REGULATIONS it available for assignment elsewhere. 27. We have left for consideration the tion on Channel 36 in Springfield already The Springfleld-Decatur area is now pre proposal of Cape Girardeau Television have receivers equipped for Channel 36, dominantly UHF, the terrain is satisfac for the assignment of Channel 2 in Cape the record does indicate that it is prob tory for UHF propagation, the vast ma Girardeau and Terre Haute and the con able that a significant number do have jority of sets in the area are capable of flicting proposal to assign Channel 2 to sets so equipped.8 We find in view of receiving UHF transmissions, and a num St. Louis and Terre Haute. The St. Louis the foregoing that the assignment of ber of UHF stations are actively engaged metropolitan area, 9th in the nation, has Channel 36 in Springfield is to be pre in providing service to the public. Addi over 1,000,000 persons. It now has 3 ferred to Channel 39, and we are there tional UHF channels in the lower portion commercial VHF channels. Cape Girar fore assigning Channels 26 and 36 to of the spectrum are available for assign deau has a population of only about 20,- Springfield. ment to this area, and we are convinced 000 and now has one VHF station on the 3t). Signal Hill now operates Station that UHF can provide satisfactory service air. We feel that a 4th VHF commercial KTVI on Channel 36 in St. Louis, and here. Our experience indicates that the channel should be assigned to St. Louis this frequency must be deleted in order" establishment of a VHF station in such before the relatively small city of Cape to make it available for Springfield. an area would seriously detract from the Girardeau is assigned a second VHF out While other UHF channels would be ability of the UHF stations to continue let. While a station on Channel 2 in available in St. Louis on which Signal to provide service. While multiple UHF Cape Girardeau would serve a relatively Hill could operate, this solution would stations will be able to compete effec- large audience, the great majority of its require that viewers with strip tuners tively in this market, there is great dan-/ viewers would also receive service from convert their sets merely for a tempo ger that the addition of a VHF channel^ 2 or more VHF stations. Therefore, in rary operation on a UHF channel. In would destroy effective competition. ‘ light of the size and importance of St. light of our action adding VHF Chan Moreover, our decision here comports Louis, we believe the assignment of nel 2 there is little likelihood that oper with our action in the Peoria deintermix Channel 2 to this city is required under ation on UHF channels in St. Louis ture case (Docket No. 11749). In that section 307 (b). would be feasible on a regular basis for proceeding we have concluded that the 28. Moreover, we must notlose sight of some time to come, and requiring Signal public interest would be served by delet our objective in undertaking the interim Hill to switch to another UHF channel ing Channel 8 from Peoria. A station on program to improve the opportunities for would put the public to needless ex this frequency in Peoria would have pro more effective competition among a pense. Channel 2 is being added to St. vided VHF service to parts of the service greater number of stations. We believe . Louis, and this frequency could be made, areas of UHF stations in the Springfield- this objective can be better achieved by available for Signal Hill, but the record Decatur area. Conversely a station on assigning Channel 2 to St. Louis. Both indicates that several parties intend to Channel 2 in Springfield would provide St. Louis and Terre Haute are predom- , file applications for Channel 2 in St. VHF service to portions of the area that inantly VHF areas. Two commercial Louis; and under the doctrine of the will be served by UHF stations in Peoria, VHF stations are already operating in Peoples and Zenith cases,® all parties sub which the Commission has determined St. Louis in addition to an educational mitting applications for the new fre should be all-UHF. We conclude that VHF station, and a third commercial quency in St. Louis would be entitled to the deletion of Channel 2 from the VHF station is expected to commence comparative consideration. The public Springfied area 'Will enhance the oppor operation shortly. Although a UHF sta interest would be served, however, by en tunities for more effective competition tion is still operating in the area, this abling Signal Hill to continue to provide among a greater number of stations. station supports the proposal to add a a television service in St. Louis on a tem 25. Furthermore, Channel 2 can be VHF channel, and indications are that porary basis on another frequency until employed effectively in other .communi the UHF station could not survive the it can be determined who will operate on ties upon its deletion from Springfield. advent of the third commercial VHF. Channel 2 on a regular basis. Channel Irrespective of the deintermixture con We believe that more effective competi 2 is the logical frequency on which Sig siderations, we find compelling reasons tion in St. Louis among a greater num nal Hill should continue to afford St. under section 307 (b) of the Communica ber of stations can be achieved by the Louis with a television service in the in tions Act for making Channel 2 avail addition of a VHF channel. In Terre terim. Signal Hill, and any other inter able for other communities. Deleting Haute a VHF station is in operation and ested parties, will be entitled to file ap- Channel 2 from Springfield makes pos numerous additional VHF signals invade sible a morê effective and efficient utiliza the area. No applications for the UHF *Some of the parties, including WMAY- tion of the scarce VHF spectrum, releas TV, support the proposed shift of Channel channels assigned to this city are indi 36 from St. Louis to Springfield, urging that ing this channel for the purpose of pro cated. Making Channel 2 available in this channel may be assigned in conformity viding multiple services in one larger Terre Haute "would enhance the oppor with the rules; that a television station oper community and another city of compa tunity for competition among a greater ating on Channel 36 in Springfield would rable size. number of stations in Terre Haute as serve a large area which has heretofore been 26. Of the various conflicting proposals well. served by KTVI at St. Louis; and that sets advanced for the use of Channel 2 upon 29. We have proposed to substitute which have been converted to receive this its deletion from Springfield, we find UHF Channel 26 and either UHF Chan channel from St. Louis would be able to re that the assignment of Channel 2 to both ceive it at Springfield. The parties conclude nel 36 or 39 to replace Channel 2 in that there would be substantial overlap of St. Louis and Terre Haute is to be pre Springfield. We originally propose^ the existing Grade B contour of KTVI, oper ferred. Wabash Valley has urged that Channel 39 but later suggested Channel ating with 417 kw and an antenna height Channel 2 be assigned to Salem, Missouri, 36, in light of the significant number of of 590 feet with the Grade B contour of a and Salem, Illinois, two very small com persons in the southern Illinois area be proposed station in Springfield operating munities presently without local outlets tween St. Louis and Springfield who had with 1000 kw and an antenna height of or service. Wabash Valley operates a 1000 feet since the sum of the two contour equipped their television sets to receive ranges would be in excess of the 88 miles VHF station in'Terré Haute and the pro Channel 36 from St. Louis and would posal for Salem -would conflict with the separation between St. Louis and Spring- continue to be able to receive Channel field. They contend that the overlap would proposal to employ Channel 2 in Terre 36 if operated in Springfield. Since the be even greater if “usable signals" rather Haute. No parties have indicated in this advent of an additional commercial VHF than the Grade B contours were taken into proceeding that they would apply for station in St. Louis will in all likelihood "account. Cape Girardeau opposes the as channels in Salem, Missouri, or Salem, mean that a station will no longer oper signment of Channel 36 to Springfield, Illinois; and there is no_indication that ate on Channel 36 in St. Louis, the pub submits that the Grade B contours woui^ communties of such small size can make lic interest would be served if this fre not overlap basing its contention on cayV|" effective use of these frequencies. We lations using some of the data contained cannot find that the public interest quency could be employed in Springfield the Appendix A of the Report and ° r*je would be served by assigning Channel 2 in order that some of the viewers who in Docket No. 11532. However, even under have strip tuners designed for this fre the assumptions made by Cape Girardea, to these communities, even though they the contours fall short of overlapping y presently have no local outlets or serv quency will continue to get service. While only 4 miles. ice, especially in light of the need and it is not possible on the basis of the rec * Peoples Broadcasting Co. v. u. S., a w * demand for Channel 2 in other much ord to determine precisely how many 2d 286 (1953), Zenith Radio Corp. T ,.iw » larger cities. viewers within the service area of a sta 211 P. 2d 629 (1954). Friday, March 8, 1957 FEDERAL REGISTER 1489 plications for regular operation on thorization for operation on Channel 2 Channel 2; in the meantime Signal Hill City Channel subject to the conditions described above. can continue to afford the viewers in the (Sec. 4, 48 Stat. 1066, as amended; 47 20+, 26-, 36-, St. Louis area with a television service. *66+. IT. S. C. 154. Interprets or applies secs. 301, 31. In view of the foregoing we will 2, 4-, 5-, *9,11-, 303, 307, 48 Stat. 1081, 1082, 1083; 47 U. S. C. authorize Signal Hill to operate on 30, 42+. 301, 303, 307) 49-. Channel 2 on a temporary basis pending Davenport, Iowa-Rock Island- 4+, 6+, 8, *30+, Adopted: February 26, 1957. final action on an application for regu Moline, 111. 42-, 68. 2+, 10, *57+, 63-, Released: March 1, 1957. lar operation on Channel 2 in this city 73+. or the issuance of a final decision in a F ederal Communications comparative hearing concerning this fa Commission,11 cility. Signal Hill, under the terms of 35. Authority for the adoption of the amendments is contained in sections 1, [seal] M ary J ane Morris, the temporary authorization, will be re Secretary. quired to cease operation upon the com 4 (i) and (j), 301, 303 (a), (b), (c), (d)„ (e), (f), (g), (h) and (r), 307 (b), and [F. R. Doc. 57-1730; Filed, Mar. 7, 1957; mencement of operation by the regular 8:45 a. m.] operator on Channel 2. Acceptance of 316 of the Communications Act of 1934, this temporary authorization by Signal as amended, and section 4 of the Ad ministrative Procedure Act.- Hill shall be deemed as a surrender of [Docket No. 11749; FCC 57-182] any and all existing rights it may have 36. It is further, ordered, That effec with respect to Channel 36. In author tive April 15, 1957, the outstanding au [Rules Arndt. 3-53] thorization of Signal Hill Telecasting izing Signal Hill to operate on a tempo Corporation for the operation of Sta P art 3—R adio B roadcast Services rary basis on Channel 2 as outlined tion KTVT on Channel 36 in St. Louis, TABLE OF ASSIGNMENTS, TELEVISION above, we emphasize that in any com BROADCAST STATIONS parative hearing involving regular Missouri, is modified to provide for tem operation on Channel 2, no effect what porary operation on Channel 2 subject In the matter of amendment of § 3.606, soever will be given to any expenditure of to the following conditions: Table of Assignments, Television Broad funds by Signal Hill pursuant to the (a) Said temporary authorization to cast Stations (Peoria, Illinois, Davenport, temporary authorization, nor will any expire automatically upon the com Iowa-Rock Isl^nd-Moline, Illinois. other preference redound to Signal Hill mencement of operation on Channel 2 1. The Commission /has before it for by virtue of the temporary grant. The in St. Louis by a permittee so author consideration the proposals set out in its extraordinary procedures adopted in ized by the final action of the Commis Notice of Proposed Rule Making (FCC this case are necessary solely in light of sion on any application or applications 56-590) released in this proceeding on for regular operation on Channel 2; June 26, 1956, and subsequent further the particular problems involved in pro (b) The submission to the Commis viding a continuing television service to Notices, for the reallocation of television sion by April 1, 1957, of all necessary in channels in the Peoria and Rock Island, the people of St. Louis. See Peoples formation on FCC Form No. 301, exe Broadcasting Company v. United States, Illinois, areas. Interested parties have cuted in triplicate, for the preparation been afforded the opportunity of filing 209 P. 2d 286 (1953). In the event that of engineering specifications to cover the Signal Hill does not accept the tempo comments directed to the proposals and temporary operation on Channel 2. of advancing their own counterproposals, rary authorization for Channel 2 sub Said information should be in conform ject to the conditions described above, and we are now in a position to issue our ance with or be accompanied by an ap Report. Channel 39 will be assigned to Spring- propriate request for waiver of the exist field. 2. The Commission last June issued its ing rules and regulations of the Report and Order (FCC 56-587) in the 32. On February 11, 1956, Cape Gi Commission, including the change in the rardeau Broadcasting filed a Motion for general television allocation proceeding Table of Television Channel Assign in Docket No. 11532, outlining a long- Oral Argument. Signal Hill filed an bp- ments adopted herein allocating Chan position to said motion and the movant range program designed to improve the nel 2 to Terre Haute, Indiana; television allocation structure. Since it has replied. All interested parties have (c) Construction looking to a change had adequate opportunity to present will be some years before this long-range to Channel 2 not to commence until spe program can be implemented, considera their data-, views and arguments with cifically àuthorized by the Commission respect to the matters raised in this pro tion was also given to what interim action after the information requested in (b) might be taken for improving the oppor ceeding by means of written comments above7is submitted; and replies. We are riot persuaded that tunities for effective competition among (d) In the event that Signal Hill is a greater number of stations in individ oral argument would serve any useful unable to commence operation on Chan purpose in the determinatioh of the is ual communities* In furtherance of this nel 2 pursuant to such temporary au interim program, rule making proceed sues presented. Accordingly, CapeuGi- thority by the effective date specified rardeau’s request is denied. ings such as the instant one have been 33. As noted In footnote 1 above, the above, the Commission will consider a re initiated proposing changes in channel Commission on June 29, 1956, released quest for continued operation on Channel assignments for several communities a Pinal Decision granting the applica 36 until such temporary operation on throughout the country. tion of WMAY-TV, Inc., but providing Channel 2 can be commenced, but in no 3. With respect to the Peoria area, the the Commission may, without further event will such continued operation on Commission proposed to deintermix proceedings, substitute for Channel 2 Channel 36 be extended beyond the date Peoria by shifting VHF Channel 8 to such other channel as, may be assigned that a station commences operation on Rock Island, Illinois, and adding UHF to Springfield to replace Channel 2 in Channel 36 in Springfield, Illinois; Channel 25 to Peoria, as follows: this proceeding and the Commission (e) Acceptance of said temporary au stated that a further order woifld be is thorization on Channel 2 shall be deemed Channel No. sued subsequent to the conclusion of this as a surrender of any and all rights City Signal Hill may have with respect to proceeding. An appropriate order will Present Proposed be issued in the adjudicatory proceed- Channel 36; (f) In any comparative hearing in ms with respect to this matter in light of 8,19, *37, 43— 19j 25, *37, 43. our action herein. volving regular operation on Channel 2 (See Daven 8. in St. Louis no effect whatsoever will be port, Iowa). 34. in view of the foregoing: It is or- 40...... 77. fared, That effective April 15, 1957, given to any expenditure of funds by Signal Hill pursuant to the temporary § 3.606, Table of Television Channel As •Reserved for noncommercial educational use. signments, is amended, to read as authorization, nor will any preference follows:10 redound to Signal Hill by virtue of the grant of or operation under said tempo u Commissioners McConnaughey and rary authorization; Doerfer dissenting in part and concurring in The tabulation also reflects the amend part and issuing statements filed as part of ment for Davenport-Rock Island-Moline in (g) That Signal Hill advise the Com original document; Commissioner Mack dis he Peoria proceeding in Docket No. 11749 by mission in writing by March 15, 1957, senting; Commissioner Craven abstaining the addition of Channel 8. whether it accepts the temporary au from voting. 1490 RULES AND REGULATIONS
4. On July 23, 1956, the Commission 8. Several, parties have submitted area, it would not be possible to formu issued a Notice of Further Proposed Rule counterproposals: late rigid criteria to be applied in individ Making (FCC 56-739> concluding that (a) Tele-Views News Company, an ual cases in order to indicate the course the public interest would be served by as Illinois corporation which states that it that would best serve the public interest signing an additional UHF channel to is a prospective applicant for Channel 8 for each community. We did conclude, Peoria and proposed that Channel 31 be in the Davenport-Rock Island-Moline however, that certain considerations added in addition to Channel 25. Peoria, area, urges that Channel 8 be shifted would have a bearing on our decisions under this proposal, would have four from Peoria to the hyphenated area of in the individual cities. We stated that commercial UHF outlets and one UHF Davenport-Rock Island-Moline^ rather in markets with one or more commercial educational channel, a total of five UHF than Rock Island alone.2 VHF channels, the merits of proposals channels. (b) Galesburg Broadcasting Company, to eliminate a VHF channel would de 5. On September 5,1956, the Commis Inc., operator of AM Station,WGIL in pend, in large part, pn such factors as: sion released a Notice of Further Pro Galesburg, Illinois, urges that 'Channel 8 (a) Whether significant numbers of posed Rule Making (FCC 56-821) in the be assigned to Galesburg rather than people would lack service as a result of several reallocation proceedings, sug Rock Island. the elimination of the VHF channel. gesting offset carrier designations for the (c) Central Broadcasting Company, (b) Whether one or more UHF sta proposed assignments. In the Peoria operator of VHF Station WOC-^V on tions are operating in the area. case the following offsets were listed: Channel 6 in Davenport, Iowa, requests (c) Whether a reasonably high pro that in the event Channel 8 is deleted portion of the sets in use can receive Channel No. from Peoria, it be assigned to another UHF signals. , City city in the Peoria area or to a city in (d) Whether the terrain is reasonably Present •Proposed South-Central Illinois rather than Rock favorable for UHF coverage. Island, or that it be reserved for non (e) Whether, taking into account all 40-______77. commercial educational use in Rock the local circumstances, the elimination Peoria, 111______8, 19, *37-, 19, 25+, 31+, Island. of a VHF channel would be consistent 43+ *37-, 43+. (d) Turner-Farrar Association, oper Rock Island, 111...... (See Daven 8. with the objective of improving the port, Iowa). ator of UHF Station WSIL-TV on Chan opportunities for effective competition nel 22 in Harrisburg, Illinois, Tequests among a greater number of stations. The Notice pointed out that the assign that Channel 8 be assigned to Harris Similarly, we noted that the desirabil ment of Channel 31+ in Peoria would burg as well as Rock Island. ity of assigning additional VHF channels require a change in the offset carrier 9. Comments have been filed by in to communities would depend princi requirement of Channel 31 in Milwaukee, terested parties: West Central Broad pally upon: Wisconsin, from 3.1+ to 31—, casting C om pany (WEEK-TV) on (a) Whether it is possible to locate 6. On November 30,1956, the Commis Channel 43 and Hilltop Broadcasting the new transmitter so as to meet the sion released a Memorandum Opinion Company (WTVH) on Channel 19 in minimum transmitter spacings. - and Order (FCC 56-1189) concerning pe Peoria; ¡American Broadcasting Com (b) Whether, in cases where it is nec titions filed by WIRL Television Com pany, Joint Council on Educational essary to move the channel from another pany requesting reconsideration of the Television; Turner-Farrar Association city, there is greater need for the channel Commission’s Notice of Proposed Rule (WSIL-TV) on Channel 22 in Harris in the area to which it is proposed to be Making and a full evidentiary hearing.1 burg, Illinois; and Tele-Views News assigned. WIRL’s petitions were denied “* * * Company, Inc., support the proposal for (c) Whether the addition of a new without prejudice to the Commission’s the deletion of Channel 8 from Peoria. VHF assignment would be consistent with right to consider the contentions thereof WMBD, Inc., unsuccessful applicant for the objectives of improving the oppor in connection with the comments to be Channel 8 in Peoria, supports that por tunities for effective competition am6ng filed in [this proceeding]”. tion of the Commission’s proposal which a greater number of stations. 7. On November 30,1956, the Commis would assign UHF Channel 31 to Peoria. We must consider the proposals to sion released a Memorandum Opinion WIRL Television Company (WIRL-TV), delete VHF Channel 8 from Peoria and and Order (FCC 56-1190) denying a Mo conditional grantee on Channel 8 in to assign this frequency elsewhere in the tion filed by WMBD, Inc., requesting that Peoria,8 filed comments opposing the light of these factors. the Commission sever the proposal to deintermixture proposal. Reply com 11. Peoria is a predominantly UHF assign Channel 31 to Peoria from the ments were submitted by West/ Central area from the standpoint of operating rest of the proceeding and move up the and Hilltop, ABC, Turner-Farrar, Tele- stations and channel assignments. Sev Views, Galesburg, WMBD, Inc., and eral UHF stations are on the air, both in time for filing comments with respect to WRL. In addition, KRNT-TV Com Peoria and the surrounding territory. this facet of the case. The Commission pany (KRNT-TV) on Chtannel 8 in Des Stations WEEK+TV on Channel 43 6 and concluded, that the proposed channel Moines, Iowa, and WKBH Television, WTVH on Channel 19 have been oper changes for Peoria were not separate and Inc. (WKBT), on Channel 8 in La ating in Peoria since 1953; and UHF distinct, but constituted an integral part Crosse, Wisconsin, filed reply comments stations are operating in Bloomington, of its interim reallocation program for in opposition to the reallocation of IllinoisB* (WBLN) on Channel 15 (35 this area. Channel 8 to Rock Island.4 miles from Peoria), Springfield, Illinois* 10. We noted in our Report and Order (WICS) on Channel 20 (62 miles from 1WIRL Television Company is the condi issued last June, outlining the proposals Peoria), and Decatur, Illinois (WTVP) tional grantee on Channel 8 in Peoria. On for interim action, that because of the on Channel. 17 (68 miles from Peoria). June 29, 1956, after a comparative hearing, widely varying circumstances in individ The latter three stations, though some the Commission released a Pinal Decision distances from Peoria, provide UHF serv granting the application of WIRL Television ual markets, as well as the numerous Company, but providing that “* * * the factors bearing on the choice of tech ice to substantial portions of the Peoria Commission may without further proceed niques in any individual community or ings, substitute for Ch. 8 such other channel 5 On February 13, 1957, the Commission as may be assigned to Peoria, Illinois, instead 2 Under the Commission’s rules channels granted the application (BPCT-2180) of West of Channel 8 in the rule making proceedings assigned to two or more cities in combina Central (WEEK-TV) for a satellite television now pending in Docket No. 11749, and sub tions are available upon application in any station on UFH Channel 36 at La Salle, Illi ject to the further condition that no con one of the listed cities. nois, approximately 50 miles north of PeoJ+ struction shall be commenced under the per 8 See footnote 1. Sa The Commission was recently, notified mit here granted until further order of the 4 The Attorney General of the State of that WBLN has ceased operations on Febru Commission to be issued subsequent to the Illinois filed a comment opposing the dele ary 5, T957, because of financial difficulties, conclusion of Docket No. 11749 by the Com tion of Channel 8 from Peoria. Numerous but hoped to return to the air within a mission and specification by the Commission letters, cards and resolutions to the same month. „ of either Channel 8 or such other channel effect were received from cities, villages, or 8 In a separate proceeding in Docket as may be substituted for it in Docket No. ganizations and individuals in the Peoria 11747, the Commission has determined thas 11749 as the channel on which WIRL Tele area. Letters supporting the proposal were Springfield should be made an all-UHF com vision Company shall operate.” WMBD Inc., submitted by the Mayor of Moline, Illinois, munity by deleting Channel 2 and substitu - 11 RR 533, 608. and Radio Station WQUA in Moline. ing UHF Channels 26 and 36. Friday, March 8, 1957 FEDERAL REGISTER 1491 area: In addition to operating stations, Station WIRL-TV on Channel 8 employ its method for taking ambient noise into UHF channels are available in the im ing maximum power of 316 kw at 992 account; and we believe that the UHF mediate Peoria area; Channel 40 at feet for all directions but the southeast, coverage in Peoria would probably be Galesburg, Channel 69 at Pekin,6a Chan and that no areas that would get service considerably less than that claimed on nel 60 at Kewanee, Channel 53 at Lin from Channel 8 in Peoria would fail the basis of the measurements. coln, Channel 21 at White Heath, and to get service if it is deleted* However, 16. The UHF stations in support of Channel 55 at Streater, Illinois. On the WIRL challenges the measurments, not deintermixture, employjpg the propaga other hand; only one VHP channel is ing that no corrections were made for tion curves set out in the rules, compute assigned to Peoria, Channel 8, which is the noise level in the recording field in the potential “white area” to be 28 square not in operation; and relatively little tensity meter.' Applying the corrections miles containing 710 persons.8 WIRL, VHP service now invades the immediate suggested by the instruction manual for using the same curves, computes the Peoria area. • VHP stations are operating the measuring instrument, WIRL re “white area” to be 376 square miles with in such cities as Rock Island (74 miles), computes the field intensities and re 28,237 persons. The difference in the Davenport, Iowa (75 miles), Champaign, draws the field intensity vs. distance results arises from the fact that WIRL Illinois (81 miles) Quincy, Illinois (109 curves for the radials measured and con used actual operating facilities, with the miles), and Hannibal, Missouri (112 cludes that UHF signals in the Peoria exception of maximum height and power miles). While these stations provide area would be above the average of those for the Channel 8 station at Rock Island, VHP service to parts of the Peoria area, predicted in the rules out to line of sight, and the parties urging deletion of Grade B service over the city of Peoria is or roughly 37.5 miles, but would be below Channel 8 used 1,000 kw power for the not provided, with the possible exception these values beyond the line of sight, UHF stations, including a station on that the Rock Island station on Channel with the rate of decline of the measured Channel 25 and on 31 in Peoria in place 4, if its transmitter site is shifted, and signal about 8 db below the predicted of Channel 8. WIRL in reaching its Channel 8 in Rock Island would provide for every 10 . miles of distance beyond figure did not take into account any Grade B service. The record indicates, the line of sight. The net result is that operation on a UHF channel to replace moreover, that viewers in Peoria watch the measured distance to the Grade B Channel 8. If a station commences the two Peoria UHF stations the great contour of WEEK-TV with 170 kw power operation on either or both Channel 25 bulk of the time. at 546 feet (its present facilities) is 37.7 or Channel 31 with more height and 12. The UHF character of the Peoria miles, or very close to the 38 mile figure power than that of the stations already area is further illustrated by the high obtained from the present curves. Pro on the air, the “white area” as com percentage of television sets in the area jecting these measurements to otfyer puted by WIRL would be reduced accord capable of receiving UHF transmissions. heights and powers would produce much ingly; and if a UHF station operates Peoria and the Peoria standard metro smaller distances for Grade B coverage with 1,000 kw at 1,000 feet, it is probable politan area (Peoria and Tazewell Coun than that claimed by the UHF stations. that very little “white area,” if any, will ties) are virtually 100 percent converted For example, WIRL submits a figure of result, based on the prediction method for UHF, and the percentage of UHF- 45.7 miles to the Grade B contour of a set out in the rules. The UHF stations equipped sets approaches 100 percent for UHF station using 1000 kw at 1000 feet, allege that on the basis of the curves the entire service area of the; operating while the UHF stations claim 65 mile in the Rules, a comparison of the area UHF stations.1 coverage with 360 kw power at 1154 feet. that would be served by WIRL-TV on 13. The record indicates that the ter The results of the recomputation by Channel 8'and Channel 25 from the rain in the Peoria area is generally suit WIRL appear to be reasonable, as does same site shows the following: able for UHF propagation, and we are confident that UHF can deliver satis Radius of Total Grade B Total Grade A factory service in this area. Except for Grade B the relatively small sparsely settled Illi Milts Square miles Square miles nois River Valley, the region is reasonably WTRTi (Pharmel RÌ fStfitw., 992'1 ______-______61. 5-65.8 », 040 12,600 flat; and the UHF stations maintain that WIRTr-T’V 2Si (1,000 lrw., 992'1______...... 58-62 7,720 11, 280 the homes in this Valley already receive satisfactory service. WIRL argues that 17. Since any computation of the area Three commercial channels, VHF Chan while close-in coverage is generally good and population that might lose potential nel 8 and UHF Channels 19 and 43, are in clear and unobstructed regions, dead service by the deletion of Channel 8 from allocated. Stations have been operating spots are found. We believe, however, Peoria must of necessity be grounded on on the UHF channels for some time, and that the terrain in the Peoria area is ade so many variables and assumptions, in the purpose of this proceeding is to de quate for UHF. cluding heights and powers to be em termine whether a station should be per 14. No viewers will lose existing service ployed in the future and additional sta mitted to operate on the VHF channel. by virtue of the deletion of Channel 8 tions that might take the air, no precise The parties urging deintermixture sub from Peoria since a station is not pres computations can be made. And the mit that while Peoria’s revenue poten ently operating on this frequency. How problem is made more complex by the tial is sufficiently large to support three ever, the question is posed whether any fact that the propagation curves pres >or more stations all in the same band, areas that might receive service from a ently available and known methods of the advent" of a third station on VHF Channel 8 station in Peoria would get no computation do not lend themselves to Channel 8 would create an unequal com service from any other station, i. e., precise determinations of coverage at petitive situation which could seriously whether deletion of Channel 8 will result specific locations. This wide latitude in impair the ability of the UHF stations in a “white area.” computing coverage is demonstrated by to provide service, possibly forcing either 15. T he Peoria UHF stations have the estimates in the record as to poten or both off the air or to cut back se made measurements on UHF Station tial “white areas,” which range from verely their service to the public. Our WEEK-TV (Channel 43) in Peoria and zero to an area of 376 square miles con experience in other markets has demon have extrapolated the results to the pro f in in g 28,237 persons. We believe the strated that the establishment of a VHF posed height and power of the station record supports the basis for concluding station in a UHF market such as Peoria (360 kw at 1154 feet). On the basis of that a significant number of persons will generally seriously affects, if not cripples, these measurements they submit that the not lose their only service if Channel 8 the ability of the UHF stations to render expected coverage of the UHF station is deleted. In light of our action in the would be greater than that expected for Springfield deintermixture case (Docket * The UHF stations contend that only this No. 11747), moreover, it is likely that small rural area would “theoretically” get no ’•On February 13, 1957, the Commissia Springfield UHF stations will improve service, and that only 5 square miles with granted a construction permit (BPCT-2223 their facilities and provide service to the 80 persons lies within the Peoria trading ior a station on Channel 69 in Pekin to Mid possible “white area” south of Peoria. area. They argue, in addition, that actual Illinois Television Company. service is being provided in this theoretical ’WIRL does note, however, that a numbt 18. Peoria, with a 1950 standard “white area” as evidenced by audience sur oi counties on the perimeter of the preser metropolitan area of over 250,000 and veys, mail counts, etc., and that still more Peoria UHF service area have very litt! a city population of almost 112,000, service will be provided in this area with the conversion. ranks as the 77th market nationally. advent of improved facilities. 1492 RULES AND REGULATIONS service. And since additional VHF 8 be shifted to Rock Island as a third graded. Similar shadowing, WIRL sub channels can not be assigned to Peoria commercial VHF outlet for the area. mits, would be found in Moline, and to under present allocation standards, the Tele-Views News Company urges that a lesser extent in Davenport. However, failure of UHF would mean that Peoria Channel 8 be assigned to Davenport- the record reveals that even though might be forced to depend on a single Rock. Island-Moline instead of Rock some “shadow areas” would result, the VHP station for local service, This pos Island alone; Galesburg Broadcasting requisite minimum city-grade signal sibility can be obviated by eliminating Company, inc. requests that Channel 8 would be placed over the entire city to the VHF channel and equalizing the be assigned to Galesburg in place of Rock be served.10 We conclude that sites would competitive situation. The assignment Island; and Central Broadcasting Com be available for Channel 8 in the Rock of a third and fourth UHF channel to pany (WOC-TV), a VHF operator in. Island area that would meet the mini Peoria will enhance the possibility of Davenport, urges that Channel 8 be mum spacing requirements and would more effective competition among the assigned to a city in the Peoria area or provide city-grade service to Rock Is networks in the market and of bringing South-Central Illinois rather than Rock land, Davenport, or Moline. Channel 8 the programs of all three networks to Island, or that it be reserved for educa in Galesburg and the cities proposed by the public. Deintermixture, we feel, tional use in Rock Island. ' WOC-TV would also meet the technical would remove any artificial restraint on 21. Although we initially proposed to allocation requirements. , the establishment oi^a third or even assign Channel 8 to Rock Island, the 24. WKBH Television, Inc., operator of fourth local station; apd the number of VHF channels presently allocated in the Station WKBT on Channel 8 in La stations would be determined solely by area are assigned to Davenport-Rock Crosse, Wisconsin, and KRNT-TV Com what the traffic can bear. We find, Island-Moline in combination. We agree pany, operator of Station KRNT-TV therefore, that deleting VHF Channel with Tele-Views News, that if Channel on Channel 8 in Des Moines, Iowa, oppose 8 from Peoria and substituting UHF 8 is assigned in the area, it should be the allocation of Channel ,8 to Rock Is Channels 25 and 31 Will further our in assigned to the hyphenate^ community. land, alleging that this assignment will terim objective of improving the oppor If applications for stations in more than result in destructive-interference to sub tunities for effective competition among one of the communities to which the stantial portions of their service areas, a greater number of stations.9 channel is assigned are filed, the ques as well as to other co-channel and ad 19. WIRL argues that effective dein tion of which city Should get the station jacent channel stations. Channel 8 in termixture cannot be achieved in Peoria will be determined in an'adjudicatory Rock Island would meet all allocation in light of the many VHF signals that proceeding. requirements, and § 3.612 of the rules will still invade the area despite the de 22. Turner-Farrar Association, oper expressly states that television stations letion of Channel 8. WIRL notes that ator of UHF Station WSIL-TV on Chan are not protected from any interference even assuming deletion of Channel 2 nel 22 in Harrisburg, Illinois, requests which may be caused by the grant of a from Springfield as proposed in another that Channel 8 be assigned to Harrisburg new station in accordance with the allo proceeding, all but a small portion of the as well as Rock Island. However, the cation standards. The nature and ex Peoria area will still receive one or more allocation of Channel 8 in either Peoria, tent of the protection from interference VHF services from VHF stations in Rock Rock Island, or Galesburg does not pre accorded to stations is limited solely to Island, Champaign, Quincy and Daven clude the assignment of Channel 8 to the protection resulting from the mini port. WIRL points out that in view of Harrisburg—this community is well over mum assignment and station separation minimum spacing requirements, a sta 250 miles from Rock Island. Turner- requirements and the rules relating to tion employing Channel 8 in Rock Island Farrar’s counterproposal for Harrisburg maximum powers and antenna heights. will be forced to locate its transmitter is proposed as an alternative to its pro The contentions of WKBT and southeast of Rock Island towards Peoria posal to allocate Channel 3 to this com KRNT-TV arë therefore without merit. and would place a Grade B signal over munity submitted in a Petition for Rule 25. WOC-TV, operator of a VHF sta Peoria., WIRL also notes that Station Making filed August 3, 1956, and still tion in Davenport, opposes the assign WHBF-TV on Channel 4 in Rock Island pending. Accordingly, «ince any action ment of, a third VHF channel in the has an application pending to move its we may take in this proceeding in no Davenport area, suggesting that Chan transmitter toward Peoria and increase way affects Turner-Farrar’s proposals nel 8 be assigned to a community within antenna height. Nevertheless, while for Harrisburg, there is no necessity for a large area, which includes Peoria, or “complete” deintermixture of the Peoria disposing of this matter in the Peoria to a community in South-Central Illi area would not be achieved by deletion of proceeding; and consideration will be nois.11 WOC-TV requests further, that Channel 8, we do not believe that the re given to Turner-Farrar’s proposals when if the Commission concludes that Chan ception of VHF signals from relatively we take action on its separate petition for nel 8 should be assigned to Rock Island, distant cities and separate markets will rule making.89 seriously impair UHF in Peoria, even 23. We must next determine whether . 10 Tele-Views prepared four terrain pro though, as WIRL submits, Rock Island Channel 8 in Rock Island, as well as the files from a site which indicate th at cer stations on Channels 4 and 8 might pro other communities for which it is pro tain areas within Rock Island and Moline vide VHF Grade B service over Peoria. posed, would meet the technical alloca would be below, line-of-sight and would Furthermore, we will afford careful tion requirements. Since the distance therefore be in a shadow area. The maximum distance below line-of-sight from any point scrutiny to any applications for VHF between Rock Island and other commu within the city limits would be approxi channels in other cities which" may ap nities where Channel 8 is also assigned mately lpO feet. The 2—10 mile average pear to specify transmitter sites unnec does not meet the minimum spacing re ground elevation in the direction of the main essarily close to Peoria. We feel that the quirements, Channel 8 cannot be allo cities is 737 feet, and the resulting an Peoria viewers will look to their own local cated to Rock Island unless it appears tenna height above average terrain is 1,000 outlets rather than to. distant stations that a transmitter site is available that feet. The average distance to the shadowed whose programs are / directed to other would meet minimum spacing require areas in the' three cities from the trans mitter site is 16 miles. Using an effective markets; and despite the VHF signals ments and from which spot a minimum radiated power of 316 kw and an antenna that will remain in the area, We are con signal can be placed over the principal height, above average terrain „ of 1,000 feet, fident that making Peoria an all-UHF city. We believe the record demon the calculated signal in the city would be market will enable UHF to thrive. strates the likelihood that such a site 93 dbu. Calculations using accepted 20. In addition to the benefits falling would be available. WIRL contends that methods show that the maximum shadow to the Peoria market by virtue of dein in light of the area within which a site loss In Davenport, Rock Island and Moline termixture, Channel 8 can be released for must be located to meet minimum spac would, be 6 db. If this figure were applied assignment in another community where, to the calculated figure of 93 dbu, the max ing requirements, part of the city of Rock imum signal expected in this area would be in light of local circumstances, the addi Island would be within a “shadow area” 87 dbu, which is 10 db above the minimum tion of a VHF outlet might improve the and service to Rock Island will be de- signal required for “city grade” service. - competitive television situation. The 11 Four tables submitted by WOC-TV sho Commission has proposed that Channel 9» On February 20, lp57^Turner-Farrar filed the cities within 15 miles of two areas where a Further Petition for Rule Making under Channel 8 could be assigned in conformi y 9 WMBD, Inc., urges the assignment ofseparate heading urging the assignment of with separation requirements and whe UHF Channel 31 to Peoria irrespective of Channel 8 to Harrisburg as an alternative to city-grade service could be provided fro whether Channel 8 is deleted. its Channel 3 proposal. suitable transmitter sites. Friday, March 8, 1957 FEDERAL REGISTER 1493 it should be reserved for noncommercial VHF. Channel 8 would represent a third 30. WIRL charges that this proceeding educational use. We find no merit in VHF outlet in this major market, and we is illegal and improper and reasserts the WOC-TV’s proposals. They ignore the believe that this assignment is to be pre contentions advanced in its Petition to objective of the Commission’s interim ferred to Galesburg in furtherance of our Reconsider Action In Instituting Pro program of improving the opportunity objective of improving effective competi posed Rule Making and Petition for a for effective competition among a tion among a greater number of stations. Full Evidentiary Hearing. WIRL argues greater number of stations. Assigning' 28. We have reviewed the record in this that it is a “permittee” entitled to all VHP Channel 8 to one of the relatively proceeding with a view to the factors the protection afforded by sections 303 small cities suggested by WOC-TV or listed in our Report and Order of last (f) and 316 (a) of the Communications reserving it for education would not June and conclude that the public in Act of 1934, as amended. WIRL charges, further our interim program, and we are terest would be served by deleting Chan further, that the issues raised in the pro therefore rejecting these proposals. nel 8 and assigning UHF Channels 25 ceeding and the type of proof adduced 26. Galesburg is a city of 31,425 per and 31 to Peoria, and by adding Channel make it essential that an evidentiary sons about 40 miles roughly south of 8 to Davenport-Rock Island-Moline. The hearing be afforded. Finally, WIRL Rock Island in the direction of Peoria. Peoria area is predominantly UHF, the asserts that even if the instant proceed No applications have been filed for the terrain vis satisfactory for UHF propaga ing were appropriate, a full evidentiary one UHF channel assigned. Grade B or tion, the vast majority of sets are hearing would be the only procedural better service is provided to Galesburg equipped for UHF, several UHF stations device for developing fully the critical by the jtwo VHP stations in Rock Island in the area are providing service to the aspects of the proposals. We find these (WHBF-TV) and Davenport (WOC- public, additional UHF channels in the contentions to be without merit. This TV) . Galesburg Broadcasting Company lower portion of the spectrum are avail proceeding concerning the reallocation submits that the need and desire for able to replace Channel 8, and significant of television channels constitutes-a valid local television service cannot be met by populations would not be without any exercise of our rule making process under UHF and that VHF wide-area coverage service if it is deleted. We are confident, the Communications Act and the Admin is necessary for an economically feasible therefore, that UHF can provide satisfac istrative Procedure Act. See Logansport operation in view of the small size of the tory service in Peoria. Broadcasting Corp. v. U. S., 210 F. 2d market. A station in Galesburg would 29. Peoria is the 77th market with a 24; Peoples Broadcasting Company v. also provide service to Burlington, Iowa 1950 standard metropolitan area popu FCC, 209 F. 2d 286. WIRL clearly does (30,613 persons) about 40 miles from lation of 250,512 and a city population of not have the status of a permittee within Galesburg. Since Galesburg is so close 111,856. We do not dispute that Peoria the meaning of sections 303 (f) and 316 to Peoria, a station in Galesburg would may be larger than the Davenport-Rock (a) of the act. The Commission made place a Grade A signal over Peoria. Island-Moline market, but the assign clear in the adjudicatory proceeding in (1) Cities (over 1,000 population) ment of Channel 8 cannot be made in a volving Channel 8 in Peoria (WMBD, within Area No. 1: Atlanta, Cambridge, vacuum purely on the basis of size and Inc., 10 RR 533, 607-608) that although Chillicothe, Delavan, Depue, Earlville, importance of the competing markets. /it had arrived at a determination as to Elmwood, El Paso, Eureka, JFarmington, The proposals must be examined in the which 'of the two applicants merit the Galesburg, Galva, Henry, Kewanee, light of all the factors and our interim grant, recognition had to be given to Knoxville, Ladd, Lacon, LaSalle, Lincoln, objective of improving the opportunity the subject rule making proceeding Mackinaw, Marseilles, Mendota, Meta- for more effective competition among a which proposed to reassign Channel 8 mora, Minok, Morton, Mt. Pulaski, greater number of stations. This can be to another city. Accordingly, the Com Ottawa, Pekin, Peoria, Princeton, achieved in both Peoria and the Rock mission expressly provided that it may, Princeville, Roanoke, Seneca, South Island area by shifting Channel 8 from without further proceedings, substitute Peking, Streator, Toluca, Toulon, Wash one market to the other. Without a for Channel 8 such other channel as ington, Wenona, Wyoming. VHF in Peoria, as many stations would may be assigned to Peoria in the subject (2) Cities (over 2,500 population)' be able to operate as the market will sup rule making proceeding. WIRL either within 15 miles of Area No. 1: Abing port. But the advent of a VHF station accepted the grant subject to these ex don, Bloomington, Canton, Clinton, De will, in all likelihood, result in less effec press conditions or did not accept it. catur, Moline, Monomouth, Morris, tive competition among fewer stations. Under either 6f these alternatives no Pana, Pontiac, Rock Island, Sycamore, On the other hand, the Rock Island area further proceedings need be undertaken Taylorville. is predominantly VHF. There is little to delete Channel 8 from Peoria in light (3) Cities (over 1,000 population) chance of additional television service in of WIRL’s status. Nor do we believe within Area No. 2: Benton, Centralia, the area unless a VHF channel is added, that any further proceedings are neces Mt. Vernon, Salem, Sesser, Vandalia. and Channel 8 would afford a much- sary or desirable in this case because of (4) Cities (over 2,500 population) needed third local outlet. We believe the nature of the proceeding. All parties within 15 miles of Area No. 2: Christo that the action we are now taking carries have had an adequate opportunity to pher, DuQuoin, Herrin, Marion, Nolomis, out the mandate of section 307 (b) of the present their comments and views to Communications Act in providing a fair, the Commission and we have given them Pana, West Frankfort. careful and detailed consideration. 27. In view of all the circumstances, efficient and equitable distribution of television service to the several states and This normal rule making process is en we believe the assignment of Channel 8 tirely adequate for a determination of to the Rock Island area is to be preferred. communities by increasing the likelihood the issues, and further proceedings, in The Davenport-Rock Island-Moline of more television service and more local cluding evidentiary hearings, would metropolitan area, 81st in the nation, has TV outlets in both the Peoria and Rock merely serve to delay this matter a 1950 population of 234,256. The city Island areas. It should be emphasized unnecessarily. populations are: Davenport (74,549), that in deleting Channel 8 from Peoria Rock Island (48,710) a n d M oline our primary purpose is not to ensure the 31. As noted above, the Commission on (37,397). VHF stations are operating on profitable operation of particular UHF June 29, 1956, released a Final Decision licensees. Rather, we wish to ensure granting the application of WIRL in the two VHF channels assigned: Sta the Peoria adjudicatory proceeding, but tion WHBF-TV on Channel 4 in Rock more effective competition among a greater number of stations in order that provided that the Commission may, with Island and Station *WOC-TV on Chan out further proceedings, substitute for nel 6 in Davenport. No applications the public in Peoria will be afforded more Channel 8 such other channel as may have been filed for the two commer and better television service.14 be assigned to Peoria in this proceeding cial UHF channels assigned or for the to replace Channel 8. The Commission UHF educational reservation. No other 12 Our action herein, moreover, comports with our decision In the Springfield deinter- stated that a further order would be Grade B VHF signals serve the cities, issued subsequent to the conclusion of and no UHF stations are operating in mixtUre proceeding (Docket No. 11747). In that case we have concluded that the public the immediate area. In light of the interest would be served by deleting Channel a station on Channel 8 in Peoria would pro establishment of VHF in the Rock 2 from Springfield. A station on this fre vide VHF service to portions of the area that island area, there is little likelihood of quency in Springfield would have provided will be served by UHF stations in the Spring- sny UHF activity in the near future, VHF service to, parts of the service areas of field-Decatur, area, which the Commission inis area must therefore look to the the UHF statiòps in Peoria; and conversely believes should be all-UHF. 1494 RULES AND REGULATIONS this proceeding In light of our action posals, and we are now in a position to endorsed the counterproposal of Van herein. An appropriate order will be issue our decision in the matter. Curler in its Reply Comments. General issued in the adjudicatory proceeding . 2. The Commission issued -its Report Electric Company, „licensee of Station with respect to this matter. and Order (FCC 56-587) last June in the WRGB on, Channel 6 at Schenectady, 32. Authority for the adoption of the general television allocation proceeding opposed the deletion of Channel 6 from amendments is contained in sections 1, in Docket No. 11532, outlining a long- commercial use in the Albany-Schenec 4 (i) and (j), 301, 303 (a), (b), (c), range program designed to improve the tady-Troy area.* (d), (e), (f), (g), (h) and (r) and 307 television allocation structure. Since (b) Alternatively, ABC also proposed (b) of the Communication Act of 1934, some years may be required to implement that Channel 8 be shifted from New as amended, and section 4 of the Admin this long-range program, we also con Haven, Connecticut, to the Albany- istrative Procedure Act. sidered in that proceeding what interim Schenectady-Troy area at reduced sepa 33. In view of the foregoing: It is action might be taken to improve the rations in the event that Channel 10 is ordered, That effective April 15,1957, the opportunities for effective competition not deleted from Vail Mills in order to Table of Assignments contained in among a greater number of stations in make the Tri-City area a three station § 3.606 of the Commission’s rules and individual communities. In furtherance VHF area. ’ Triangle Publications, Inc. regulations is amended, insofar as the of this interim program the instant rule (Radio and Television Division), licensee communities named are concerned as making proceeding and- a number of of Station WNHC-TV on Channel 8, New follows:ia others have been initiated proposing Haven, Connecticut, and Mt. Washing (a) Amend to read: changes in channel assignments for var ton TV, Inc., licensee of Station WMTV ious communities throughout the on Channel 8, Poland Spring, Maine, City Channel No. country. filed Reply Comments in opposition to 3. With respect to the Albany-Sche-this alternative counterproposal of ABC. 77. nectady-Troy area, the Commission pro (c) In addition to the foregoing pro Peoria, 111.______19, 25+/31+, *37-, posed to deintermix this area partially posals, Mohawk Valley Television, Inc., 43+. Davenport, Iowa-Rock Island- 4+, 6+, 8, *30+, by deleting VHF Channel 10 from Vail Fairfield, New York, proposed the “drop- Moline, 111. 42-, 68. Mills and adding UHF Channel 47 to in” of Channel 2 at Utica, New York.' Albany-Schenectady-Troy, New York, as (b) Change the offset carrier require follows:1 2 General Electric Company also moved to ment only of the Channel 31+ assign dismiss such of thé Comments filed in the Channel No. proceeding which propose the deletion of ment in Milwaukee, Wisconsin, to Chan City v Channel 6 from commercial use in Schenecr. nel 31—. tady, claiming that they are beyond thè (Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. Present Proposed scope of the instant proceeding and that they 154. Interprets or applies secs. 301, 303, 307, relate to a matter expressly excluded by the 48 Stat. 1081, 1082, 1083; 47 U. S. C. 301, 303, Albany-Schenectady- 6, *17+, 23-, 6, *17+, 23-, Commission when it instituted the proceed 307) . Trov, N. Y. 35, 41. 35, 41, 47. ing. We believe that this argument is with Vail Mills, N. Y...... 10-...... out merit, and that the-motion should be Adopted: February 26,1957. denied. Our Notice of Proposed Rule Making •Reserved for educational use. in the instant proceeding, as well as our Released: March 1, 1957. June 26, 1956, Report and Order in the 4. Comments and reply comments general television allocations proceeding in F ederal Communications supporting the Commission’s proposal Commission,“ Docket No. 11532, both duly published in the were filed by Van Curler Broadcasting F ederal R egister, made it Clear that our [seal] M art J ane Morris, Corporation, the permittee of Station purpose for instituting the instant proceed Secretary. WTRI on Channel 35 at Albany: the ing was to further our program for improv [P. R. Doc. 57-1731; Piled; Mar. 7, 1957; American Broadcasting Company, New ing the television situation in individual 8:45 a.m .] communities and areas. The tentative York, New York; WKNY-TV Corpora changes in television channel assignments tion, permittee of Station WKNY-TV on proposed by the Commission in its Notice of Channel 21, Poughkeepsie, New York, Proposed Rule Making for improving the and the Joint Council on Educational television situation in the Albany-Schenec [Docket No. 11751; FCC 57-178] Television* New York, New York. Hud tady-Troy area did not preclude other parties [Rules Arndt. 3-56] son Valley Broadcasting Co„ Inc., per from submitting alternative proposals affect- mittee of WCDA on Channel 41 at Al ing-the same general area for considération, P art 3—R adio B roadcast S ervices bany, filed comments opposing the Com and, in fact, the Notice invited such pro TABLE OF ASSIGNMENTS, TELEVISION mission’s proposal. posals. An ample opportunity has been af forded to submit reply comments in opposi BROADCAST stations 5. Several parties included counter tion to this counterproposal, and we believe In the matter of amendment of § 3.606, proposals in their Comments. the counterproposal in question is properly Table of Assignments, television Broad (a) Van Curler Broadcasting Cor before us for consideration along with the cast " Stations (Albany-Schenectady- poration, the American Broadcasting Commission’s proposal and all others filed in Company and WKNY-TV Corporation, the proceeding. Troy, New York and Vail Mills, New « On July 19,1956, the Commission issued a York). permittee of Station WKNY-TV on Channel 21, Poughkeepsie, New York, Memorandum Opinion and Order (FCC 1. The Commission has before it for 56-748) denying a petition filed by Mohawk consideration the proposals set out in propose in addition to the deletion of Valley, seeking amendments of the Table of ,its Notice of Proposed Rule Making Channel 10 at Vail Mills, that Channel Television Assignments so as to assign Chan (FCC 56-592) released in this proceeding 6 be withdrawn from commercial use in nel 2 as a “drop-in” to Fairfield, New York; on June 26, 1956, for the reallocation of the Albany-Schenectady-Troy area so some 17 miles northeast of Utica, since the television channels+n the Albany-Sche- as to completely deintermix the area. mileage separation rules did not then permit Van Curler suggests that Channel 6 bes the assignment to Utica. The Commission nectady-Troy and Vail Mills, New York, stated that the proposal to add a second areas. Interested parties have been af substituted for the present Channel 17' non-commercial educational reservation VHF channel in the Utica area would tend to forded the -opportunity of filing com at Albany or that Channel 6 be shifted inhibit the growth of UHF in that area, ments directed to the Commission’s pro contra to the objectives set out in the ReP°“ from Schenectady to Syracuse, New and Order issued last June in Docket 11532, posals and of advancing counterpro- York. ABC also suggests that Channel and that since Fairfield is only about^o 6 be moved from Schenectady to Syra miles from the UHF satellite station WCDB 13 The tabulation also reflects the action cuse, New York, as an alternative to+ts at Hagaman, N. Y., and approximately 60 taken by the Commission in the Springfield proposal in the Elmira proceeding miles from WROW-TV (now WCDA) ai proceeding in Docket No. 11747 assigning Albany, it would conflict with the objective Channel 68 to Davenport-Rock Island-Moline (Docket No. 11758) to allocate Channel in place of Channel 36. 9 to Syracuse. WKNY-TV Corporation of the Commission’s proposal in the instan ^Commissioner Doerfer dissenting; Com proceeding. The Commission stated, how missioner Mack dissenting and issuing a 1 The offset carrier designations were listed ever, that Mohawk Valley would have a fu statement; filed as part of original docu in a Notice of Further Proposed Rule Making opportunity to participate in the instan ment; Commissioner Craven abstaining from (FCC 56-821) released September 5, 1956, in proceeding and to submit its counter voting. the several reallocation proceedings. proposals' ' Friday, March 8, 1957 FEDERAL REGISTER 1495 Copper City Broadcasting Corporation, air, having resumed operation in June Broadcasting Company (BPCT-2202) licensee of Station WKTV on Channel 13 1956. Hudson Valley also has been oper for Channel 10 at Vail Mills has been at Utica, filed a reply to the Mohawk ating UHF Station WCDB on Channel 29 on file since September 19, 1956. No Valley comments and counterproposal in at Hagaman, about 20 miles northwest VHF station except Station WRGB now which it took no specific position with of Schenectady, as a satellite of WCDA puts a Grade B signal over Albany, respect to the proposed assignment of since March 1956. Another UHP sta Schenectady, or Troy, but nine CHF Channel 2 to Utica. tion, WMGT on Channel 19 at North stations—all over 72 miles from the 6. In outlining our interim plans for Adams, Massachusetts, about 35 miles Tri-City area—provide a Grade B signal improving the television situation in in southeast of the Tri-City area, operated to portions of the Grade B contour of a dividual communities and areas in our from February 1954 to February 27, Channel 10 (Vail Mills) station, or to decision in the general allocation pro 1956, when its operation was suspended portions of the Grade B contour of Sta ceeding last June, we noted that the because of destruction of its tower. On tion WRGB on Channel 6 at Schenec widely varying circumstances in" indi November 29, 1956, its permittee, Grey- tady. They are Station WKTV on vidual markets and the numerous fac lock Broadcasting Company, was granted Channel 13 in Utica, New York, about 72 tors bearing on the choice of techniques an STA to resume operation of WMGT, miles from the Tri-Cities; Station in any individual community or area and on February 6,1957, the Commission WMUR-TV on Channel 9 at Manches made it impossible to formulate rigid granted an application for voluntary as ter, New Hampshire, about 120 miles criteria which could automatically be signment of the construction permit of from the Tri-Cities; Stations WSYR- applied in individual cases to indicate WMGT to Hudson Valley to operate TV on Channel 3 and WHEN-TV on the course which would best serve the WMGT as a satellite of WCDA at Al Channel 8 at Syracuse, New York, about public interest in each community. We bany. Construction permits have also 118 miles from the Tri-Cities; WCNY- concluded, however, that the following been outstanding for Stations WTVZ, TV on Channel 7 at Carthage, New York, considerations would have a bearing on the educational reservation on Channel about 127 miles from the Tri-Cities ; our decisions with respect to proposals 17, and for WPTR-TV on Channel 23 at WNBF-TV on Channel 12 at Bingham to change channel allocations in specific Albany-Schenectady-Troy since July ton, New York, about 127 miles from the communities or areas: 1952, and June 1953, respectively, but Tri-Cities, Station WPTZ on Channel 5 (a) In markets with one or more com the stations have never been constructed. at Plattsburg, New York, about 120 miles mercial VHP assignments, the merits of Another UHF station, WKNY-TV on from the Tri-Cities; and WCAX-TV on proposals to eliminate a VHP commer Channel 21 at Poughkeepsie, about 60 Channel 3 at Burlington, Vermont, about cial assignment would depend to a large miles south of Albany, is now off the 120 miles from the Tri-Cities. extent on such factors as: (1) Whether air, having been in operation from April 10. The firm entrenchment of UHF in significant numbers of people would lack 1954, to July 1956. In addition to the the Tri-Cities area is further indicated service as a result of the elimination of operating and assigned stations on these by the steady increase in conversions to the VHP channels; (2) whether one or channels, four vacant UHF channels are UHF and by the high percentage of more UHF stations are operating in the available in the general area of Albany, television sets in the area which are area; (3) whether a reasonably high Schenectady and Troy: Channel 59 at capable of receiving UHF transmissions. proportion of the sets in use can receive Amsterdam, New York, about 12 miles Thé record indicates that both the pro UHF signals; (4) whether the terrain is northwest of Schenectady; Channel 39 ponents and opponents of partial or reasonably favorable for UHF coverage; at Glens Falls, New York, about 45 miles complete deintermixture in the Tri- and (5) whether, taking into account all north of Albany; Channel 74 at Benning Cities area agree that as of October 1956r the local circumstances, the elimination ton, Vermont, about 30 miles northeast approximately 80 percent of the tele of a VHP channel would be consistent of Albany, and Channel 66 at Kingston, vision homes in the urbanized Albany- with the objective of improving the op New York, about 50 miles south of Al Schenectady-Troy areas (Albany, Sche portunities for effective competition bany. Further, five operating UHF sta nectady and Rensselaer Counties, where among a greater number of stations. tions provide a Grade B signal to por in the cities of Albany, Schenectady and (b) The desirability of assigning a tions of the Grade B contours of WRGB Troy are located) had television sets first VHP channel or of adding an addi or the proposed Channel 10 Vail Mills which were equipped to receive UHF tional VHP channel would depend prin station. These stations are Stations transmissions. Van Curler states that cipally upon: (1) whether it is possible WWLP on Channel 22 at Springfield, conversions to UHF have increased at to locate the new transmitter so as to Mass., 83 miles from the Tri-Cities; Sta an average annual rate of more than meet minimum transmitter spacings; (2) tion WATR-TV, on Channel 53, Water- 25 percent in the three-year period since whether, in cases where it is necessary bury, Connecticut, 90 miles away; UHF stations first began operating in to move the channel from another city, WICC-TV on Channel 43 at Bridgeport, the area and that it can be expected there is greater need for the channel in Conn., 113 miles distant; WGTH on that at this rate all or substantially all the area to which it is proposed to be Channel 18 at Hartford, Conn., about 90 of the sets in the area will be converted ^signed; and (3) whether the addition miles distant, and WKNB-TV on Chan to UHF within a few years. General of anew VHP assignment would be con nel 30 at New Britain, about 90 miles Electric points out that the American sistent with the objective of improving distant. The Grade B signal of Research Bureau, Inc. reports, upon the opportunities for effective competi WAAB-TV on Channel 20 at Worcester, which the parties will rely for the 80 tion among a greater number of stations. Mass., some 103 miles from the Tri- percent conversion estimate, indicate 7. Accordingly, we have considered the Cities, will also be received in portions that the UHF receiver-saturation in all Commission’s proposal to delete Chan of the Grade B contours of a Channel television homes in the urbanized areas e l 10 from Vail Mills, and also the 10 or Channel 6 station when it com of Àlbany-Schenéctady-Troy increased counterproposals relating to the deletion mences operation. from 51 percent in February 1955 to 66 cf both Channels 6 and 10, in light of 9. Only two VHF channels have beenpercent in February 1956 and then to the foregoing factors. allocated to the Albany-Schenectady- 80 percent in October 1956. The Albany-Schenectady-Troy area Troy area: Channel 6 to Albany-Sche 11. The record indicates that the cen may be characterized as a UHF area in nectady-Troy, on which General Electric tral portion of the Albany-Schenectady- asmuch as the preponderance of .televi Company has operated WRGB at Sche Troy area—which contains the densely sion channel allocations and operating nectady commercially since 1947; and populated urbanized areas of Albany, stations in the area are UHF. Hudson Channel 10 at Vail Mills, about 20 miles Schenectady and Troy—is in relatively alley Broadcasting Co., Inc., has been northwest of Schenectady, which as flat terrain and is generally suitable for operating UHF Station WCDA (formerly signment became effective December 16, UHF coverage. The UHF operating sta "ROW-TV) on Channel 41 at Albany 1955.4 The application of Hudson Valley tions and the high rate of conversions in mce October 1953. Van Curler Broad- these urbanized areas support this con clusion. Although General Electric op oastmg Company commenced operation * The effective date of this allocation was poses the deletion of Channel 6 from the r VHP Station WTRI on Channel 35 stayed by the Court of Appeals on December 9, 1955, and the stay was dissolved on July Tri-Cities area, it recognizes that the Albany in February of 1954. Opera- 9, (Van Curler B/C Corp., et al. vs. terrain in Albany, Schenectady, and lon of WTRI was suspended on January U. S. et al., Case No. 12998, U. S. C. A., D. C.) Rennselaer Counties wherein the cities 11955, but WTRI is now back on the (14 Pike & Fischer RR 2001). of Albany, Schenectady and Troy are lo- No. 46---- 3 i 1496 RULES AND REGULATIONS cated is such that UHF can adequately the use of such techniques as higher indicate that the UHF' contours com serve these urbanized areas if Channel power and antenna heights, satellites, puted in accordance with the rules are 6 is deleted from Schenectady. While translators, etc. overly optimistic for the rough terrain the surrounding terrain is rough, hilly 12. Although no viewers would lose in this part of New York. While Gen and mountainous, we do not agree with existing service by the deletion of Chan eral Electric submitted no computations the parties opposing the deletion of the nel 10 from Vail Mills since no station showing the areas and populations which VHP assignments in the area that it is presently operates on this frequency, the would lose their only service in the event an impossible area for UHF. Hudson question remains, however, whether any Channel 6 were to be deleted, on the basis Valley claims that the poorness of the areas that would receive service from a of surveys, it estimates that even if both region for UHF is demonstrated by the Channel 10 station at Vail Mills would Stations WMGT at Adams, Massachu fact that the service of its UHF Station not get service from any other station; setts and WKNY at Poughkeepsie were WCDA to the northwest in the Schenec i. e., whether the deletion of Channel 10 to resume operation, 120,700 people, or tady area and within WCDA’s Grade A from Vail Mills would create a “white about one-fourth of the total number contour was so inadequate that it was area”. We also have before us the served by WRGB, would be deprived of compelled to install a satellite operation counterproposal advanced herein which all television service if Channel 6 were (WCDB) at Hagaman and that its serv requests that Channel 6 at Schenectady, deleted. This figure of 120,700 is derived ice to the east in the Troy area is so poor as well as Channel 10 at Vail Mills, be from a sample survey of the area outside that it plans to operate WMGT at North deleted from commercial use in the Al- the three metropolitan counties of Adams, Massachusetts, also as a satel bany-Schenectady-Troy area. In addi Albany-Schenectady-Troy. We are not lite to more adequately serve this area. tion, therefore, we must explore the at all convinced that this is a valid con However, Van Curler points out that the question of whether any areas that now clusion to be reached from that survey difficulties experienced by WCDA in serv receive service from Station WRGB on when other results of the survey are ing the area do not prove that the area Channel 6 at Schenectady would lose examined. For example^ a careful is bad for UHF and that they are under their only television service if Channel examination of all the results of that standable in light of the fact that 6 is removed from commercial use in the survey discloses that a substantial num WCDA’s antenna is located in the Hud Tri-City area, and, if so, the extent of ber of UHF set owners in the area were son River Valley rather than at a higher the “white areas“. not receiving UHF stations at the time elevation, such as is the antenna of 13. Van Curler submits engineering of the survey because of some mechanical WTRI which is on a mountain and al computations—made in accordance with difficulty associated with their sets, i .e., most 700 feet higher than WCDA’s an the rules and using authorized powers, improper antenna, broken know selector, tenna. Van CUrler claims that in view antenna heights and locations of exist etcr Such homes have been included in of the fact that most of the population ing stations and assuming power of 316 the figure of 120,700, apparently on the in the Tri-Cities area is concentrated in kw and an'antenna height of 1,000 feet assumption that since the UHF portion the valleys, UHF -stations by locating for a Vail Mills Channel 10 operation— of these sets was not in good repair at their antennas at strategic high eleva which indicate that only a small area of the time of the survey, such homes could tions, can adequately serve the areas about 229 square miles more than 70 not be considered as being able to receive where the population is concentrated. miles northwest of Albany in the Adiron UHF stations. We think that a contrary As proof of this contention Van Curler dack Mountains, containing about 1,145 assumption is not only possible but prob points to the results of the comparative people, would receive no Grade B service able. And on the basis of this assump measurements which it made on WTRI from any other station in the event that tion, i. e., homes with UHF sets out of which indicate that WTRI’s measured Channel 10 is deleted. It states that adjustment should be considered as being contours extend over areas including be even this small “white” area will dis able to receive UHF service, the result of tween 80 and 90 percent of the popula appear entirely in a few years when ex the survey, even assuming its validity in tion which would be expected to lie with isting VHF stations in Utica, Plattsburg, all other respects, would indicate that a its predicted contours and to the results New York, or Burlington, Vermont, make substantially smaller number of people of its mail pull studies which show that increases in their power and antenna than 120,700 might be unable to receive WTRI’s signal is well received in the pop height. If, in addition to the deletion UHF service. More basically however, a ulated areas throughout most of its pre of Channel 10 from Vail Mills, Channel serious question is also raised as to the dicted Grade B contour and even beyond, 6 is also deleted from commercial use at validity of projecting the experience of and that the areas from which it re Schenectady, Van Curler—using the the existing UHF set owners surveyed in ceives little or no mail response from same methods and assumptions and as the area to the total population of the viewers is confined to mountainous areas suming also that a UHF operation with area in the event all homes were UHF where there is little or no population. _power of 1,000 kw at the presently au homes. Neither the survey nor the com Van Curler also states that in the event thorized height (1,020 feet) and loca ments of General Electric cite any rea Channel 10 is deleted it plans to go fbr- tion of WRGB will replace Station sons for the validity of this projection ward with its plans to substantially in WRGB—computes the total area which procedure, and it is merely stated that it crease the service area of WTRI by the would lose Grade B service to be 1,188 has been done on the assumption that use of high power and to improve its square miles, and the population therein “conversion of VHF sets would meet the service by increasing WTRI’s broadcast to be 26,995. Van Curler claims, how same degree of success as the present hours from 76 horns per week to 119 ever, that when the UHF stations WMGT UHF homes have met.” hours per week. Van Curler points out at Adams, Massachusetts and WKNY- 15. Since any computation of the area that it has already filed an application TV at Poughkeepsie return to the air and and population that might gain or lose (BMPCT-4437, filed December 21, 1956) existing UHF stations go to maximum their only potential and/or present tele for modification of WTRI’s construction facilities, there will be no area which vision service by the deletion of Channel permit to permit operation at 1,379 kw would lose its only Grade B service if 10 or both Channels 10 and 6 from the instead of 380 kw. While the measure both Channels 10 and 6 were deleted Tri-Cities area must be based on so many ments submitted by General Electric and from the area. . variables and assumptions, including Van Curler also indicate that the cov 14. Using similar methods and as transmitter locations, heights and powers erage of a VHF station in this terrain is sumptions as Van Curler, Hudson Valley to .be employed in the future and addi much greater than that of a UHF station computes the Grade B “white area” that tional stations that might go on the and that the coverage of a UHF station will exist if Channel 10,is deleted to be no conclusive computations as to “white in this terrain, even with its antenna 274 square miles containing 765 people, area” can be made. And the problem is located at a high elevation, may be no and the Grade B “white area” created made more complex by the fact that the more than 30 to 50 percent of that pre by the deletion of both Channels 6 and propagation curves presently available 10 to be 1,053 square miles containing and known methods of computation do dicted by the Rules, we are of the view 7,913 people. Hudson Valley’s engineers that the record demonstrates that in this claim, however, that they believe the not lend themselves to precise determi terrain the populous valley areas can be “white area’’ to be much greater than nations of coverage at specific locations. satisfactorily served by UHF and that indicated by these figures in light of the We believe the record supports the con outlying areas can be reached and UHF fact that measurements taken in similar clusion that no significant number o service areas enlarged when necessary by terrain of both UHF and VHF stations persons would lose their only service Friday, March 8, 1957 FEDERAL REGISTER 1497
Channel 10 were deleted and that the the VHF channels. They assert that ex ties in that event. In addition, General removal of Channel 6 also—particularly perience has shown that UHF stations Electric claims that no evidence has been in light of the improvement in facilities will not be able to compete effectively in submitted which supports the conclusion ‘of existing UHF stations in the area and a two station VHF market, and that if that deletion of Channel 6 from commer the increase in the number of UHF sta Channel 10 is retained at Vail Mills, in cial use would result in more effective tions which can be expected if this area stead of a minimum of four UHF stations competition among stations; that serv is deintermixed—would cause no sub (the two Albany UHF stations and the ice to the public would be enhanced by stantial number of persons in the Tri- two UHF satellite stations at Hagaman more competition; or that the service Cities area to lose their only existing and Adams, Massachusetts), the area now being rendered in the area suffers service. will have but two commercial VHF sta from any absence of competition, and it 16. The cities of Albany, Schenectady, tions; the UHF frequencies allocated to urges that in all these respects, the avail and Troy, with 1950 city population of neighboring communities such as Am able evidence requires a contrary con 134,995, 91,785 and 72,311, respectively, sterdam, Glen Falls, Bennington and clusion. are in a market which ranks as the 31st Kingston, New York, will go to waste, and 19. We have reviewed the record in this in the country with a 1950 metropolitan the public’s investment in UHF receivers proceeding in the light of the factors area population of 514,490. Two VHF and converters, as well as the invest listed in our Report and Order of last channels are allocated in this area, ments of the UHF permittees, will be June, and we have concluded that the Channel 6 to Albany-Schenectady-Troy, wasted. If Channel 10 is retained and public interest would be served by delet which is occupied by the pre-freeze sta the UHF stations cease operation, it is ing Channel 10 from Vail Mills and tion WRGB at Schenectady, and Chan also contended that it is unlikely that the Channel 6 from Schenectady and making nel 10 at Vail Mills, a small unincorpo UHF educational reservationjn the area it available for assignment elsewhere. rated community of approximately 250 will ever be used, and that the network The Tri-Cities area is now predom persons some 20 miles northwest of program choice now available in the Al inantly UHF; despite the ruggedness of Schenectady. This allocation was riiade bany area would be reduced. On the the terrain, satisfactory service can be to Vail Mills in 1955 since the channel other hand, if Channel 10 is deleted, it is provided by UHF since the population is could not be allocated to the Tri-Cities contended that the existing UHF stations largely concentrated in the valley areas; in accordance with the minimum mileage in the area will probably continue to the percentage of television sets capable separation requirements of the Rules. operate and UHF set circulation will con of receiving UHF signals is high; several An application is now pending for Chan-' tinue to increase. However, the pro UHF stations are already operating in nel 10. In addition, three commercial ponents urge that only by making the the area, construction permits are out UHF channels, Channels 23, 35 and 41, Tri-City area all-UHF by deleting both standing for a number of UHF stations and one non-commercial educational Channels 10 and 6 from the area will it in the area; and additional UHF chan channel, Channel 17, are allocated to be possible to place all* stations on an nels are available. In our opinion, UHF Albany-Schenectady-Troy. Stations are equal competitive footing and to meet the can provide satisfactorily the multiple operating on Channels 35 and 41, and Commission’s objective of providing max services that a market of this size needs. construction permits have been out imum effective competition among the However, our experience in other mar standing for some time for Channels 17 greatest possible number of stations. kets convinces us that the advent of a and 23. Six other UHF channels have 18. In opposition to the deletion ofsecond VHF station in a UHF market, been allocated in the general area, but Channel 10 from Vail Mills, Hudson such as A lban y-Schenectady-Troy, to date only the UHF satellite station at Valley claims that although it is a UHF would, in all probability, destroy the Hagaman is in operation. Another UHF operator in the Tri-Cities area, it sought ability of the existing UHF stations to satellite station, WMBT at North Adams, the addition of Channel 10 to the area continue to provide service in the area. Massachusetts, is expected to commence and now urges that this allocation not be Since additional VHF channels cannot be operation in the near future, but the four disturbed because it believes that the in assigned to the area under present allo UHF channels allocated to Amsterdam, terests of the public can best be served cation standards;8 only two VHF chan Glen Falls, Kingston, New Yorlc and to by having a second and competitive VHF nels are allocated to the entire Tri-City Bennington, Vermont, remain unused. service. It contends that if Channel 10 market; no VHF channels are allocated Further, WKNY-TV Corporation indi is deleted more than a million people to cities closer than 72 miles from the cates in its Comments that its UHF oper would be deprived of Grade B or better Tri-Cities area, and no VHF stations ation at Poughkeepsie, New York, which service from a second VHF station, and from without the Tri-Cities area put a has been off the air since July 25, 1956, that since Channel 10 can only be used Grade B or stronger signal over any of would be reactivated if the television at Vail Mills this valuable frequency the three principal cities, the failure of situation in the Tri-Cities area is im should not be wasted to enhance the UHF in this area would mean that these proved. The primary purpose of this competitive status of other grantees. cities and this important and sizable proceeding is to determine whether, in With respect to the counterproposal to the light of all the factors and our in delete Channel 6 from Schenectady, 5 While ABC has proposed herein that VHP terim objective of improving the oppor General Electric states that there is no Channel 8 be shifted from New Haven, Con tunity for more effective competition evidence that the development of com necticut, to the Tri-Cities area to provide a third VHP channel in the area in the event among a greater number of stations, the peting television services in the Tri- that Channel 10 is not deleted from Vail Albany-Schenectady-Troy area should be Cities area was inhibited by the Commis Mills, this proposed assignment admittedly Partially deintermixed by deleting Chan sion’s decision in Docket No. 11238 in would not comport with the minimum mile nel 10 from Vail Mills or, in view of the November, 1955, to continue the alloca age spacing requirements of the Rules. A counterproposals submitted h erein , tion of Channel 6 for commercial use at Channel 8 operation as Schenectady-Albany- wholly deintermixed, by deleting Chan Schenectady; that there were only two Troy would be only 120 miles from the co nel 6 also from the area or reserving it operating stations in the area at that channel assignment at Syracuse. We have for educational use. repeatedly indicated that operations at sub time—VHF Station WRGB and UHF Sta standard spacings would not promote effi 17. The parties urging deletion of thetion (now WCDA) WROW-TV—whereas ciency in the use of the limited channels thf assignments in the area contend there are now four—WRGB, and UHF available and have rejected all such proposals that the opportunities for improved and Stations WCDA, WCDB and WTRI. It (See Memorandum Opinion and Order, FCC effective competition in the Tri-Cities states further that the comments sub 56-1269, Docket 11532, released December 27, «rea can be met by eliminating the VHF mitted in the record contain no evidence 1956). We therefore are rejecting this pro nannels assigned to the area or, alter- that the elimination of Channel 6 at posal without further consideration, and, in light thereof, need not consider further the irj'fcyely, by the assignment Of additional Schenectady would result in a greater objections raised by Triangle Publications, HF channels to the area. They claim, number of stations in operation beyond Inc., licensee of WNHC-TV on Channel 8 owever, that since only two VHF chatt the suggestion that the UHF station at at New Haven, and by Mt. Washington TV, els may be assigned to the area under Poughkeepsie might return to the air Inc., licensee of Station WMTW on Channel inf«» location standards whereas and unsupported expressions of hope 8 at Poland Spring, Maine, to the allocation any UHF channels are available, the that , additional UHF stations would be of Channel 8 in the Albany-Schenectady- vious choice should be the deletion of constructed in other outlying communi- Troy area. 1498 RULES AND REGULATIONS market would be dependent upon two from the center of Syracuse but 167 sections 303 (f) and 316 of the Commu television services. By eliminating miles.® nications Act of 1934, as amended, the Channel 10 at Vail Mills, the continued 21. We are of the view that the merits frequency of Station WRGB could not existence of the present services in the of the proposal to shift Channel 6 to be changed from Channel 6 to Channel area at least can be reasonably assured. Syracuse outweigh the advantages for 47 without a hearing, in the absence of However, our experience also indicates retaining Channel 6 in the Tri-Cities area the consent of the licensee. that the continued operation of one VHP for educatior^l use. Two VHF channels 24. Accordingly, it is ordered, That station in the market will not enhance are allocated to Syracuse and stations General Electric Company is hereby noti the potentiality for other UHF stations are operating on both channels (Stations fied of the proposed modification of its on the UHF channels allocated to the WSYR-TV on Channel 3 and Station authorization to specify operation on area and to neighboring communities WHEN-TV oh Channel 8). VHP sta Channel 47, and the grounds and reasons nor the possibility of more effective com tions at Utica, New York and Bingham therefor, and is directed to show cause petition among a greater number of sta ton, New York, also provide Grade B why such order of modification should tions and among the networks. Deletion service to the city. No UHP stations are not issue, by filing with the Commission of both VHP assignments, we believe, is operating in Syracuse; few receivers in at its offices in Washington, D. C., on or necessary to remove any artifical re the Syracuse area are equipped for UHP before April 15, 1957, a response stating straint on the establishment of additional reception, and while a construction per in detail the reasons why it believes its stations in the area and to create a situa mit has been issued for the UHP educa authorization should not be so modified. tion whereby the number of stations can tional reservation, Channel 43, the sta 25. An original and 14 copies of the be determined solely by what the traffic tion has never been constructed. In response should be filed, and should in will bear. We find, therefore, that the light of the two operating VHP stations dicate whether or not General Electric deletion of Channel 10 from Vail Mills, in the area and these additional circum Company requests a public hearing in the and likewise the deletion from commer stances, we are 9onvinced that Syracuse, matter and whether it intends to appear cial use of Channel 6 at Schenectady the 50th ranking market in the country at such hearing and present evidence on /will further our objective of improving with a population of 220,583 and a met the matters specified herein and in said the opportunities for effective competi ropolitan area population of 341,719, response. tion among a greater number of stations. will remain a two-station market unless 26. The failure to file a response by While some VHP service may be provided a third VHP channel is allocated. We" April 15, 1957, shall be deemed a consent to portions of the Tri-Cities area by believe therefore that the allocation of by respondent to the modification of its stations in relatively distant cities and Channel 6 to Syracuse will serve the authorization as proposed, and a final separate markets, we do not believe that need of this community for more local order will be issued accordingly, unless' UHF in this market will be adversely television outlets and will improve the in a petition filed at least five days be affected by such VHP signals. We be opportunities for effective competition fore said date respondent shows good lieve that the action we are now taking among a greater number of stations and cause why such timé should be extended. carries out the mandate of section 307 networks in the Syracuse market. The failure to indicate in said response (b) of the Communications Act by in 22. We do not believe that any action that respondent requests a hearing will creasing the likelihood of more television should be taken at this time with respect be deemed a waiver of its right to a Service and more local television outlets to the counterproposal submitted by Mo hearing. in the Albany-Schenectady-Troy area. hawk Valley Television, Inc., for the 27. If a response is filed and the right 'It should be emphasized that in removing “drop-in” of Channel 2 at Utica, New to request a hearing has been waived, the Channels 10 and 6 from this area our York, to provide the Rome-Utica* area Commission may, depending upon the primary purpose is not to guarantee the with, a second VHP channel allocation facts alleged and the proof offered, either profitable Operation of particular UHP and a second competitive VHP television call upon General Electric to furnish licensees but to insure more effective service. Before taking action, on this additional information under oath, Competition among a greater number of proposal or any other proposal for fur designate the matter for hearing on its Stations in order that the public in the ther channel reallocations or assign own motion or issue without further pro Tri-Cities area will be afforded more and ments in the Central New York area and ceedings an order modifying General •better television service. adjacent areas in neighboring states, we Electric’s license as proposéd. 20. In addition to the improved comintend to study carefully the channel 28. It is further ordered, That effec petitive television situation which will re allocation availabilities and needs of this tive April 15, 1957, the Table of Assign sult in the Albany-Schenectady-Troy region in light of the action which we are ments contained in § 3.606 of the Com area by virtue of the deletion of both taking concurrently in this case and in mission’s rulés and regulations is VHP allocations, Channel 6 can be the Elpiira deintermixture proceeding. amended by deleting from the Table, shifted to another community where, in However, the action we are now taking Vail Mills, New York, 10—. light of local circumstances, the addition does not rule out this proposal nor fore 29. Authority for the amendments of a VHP channel might improve the close it from consideration after our herein is contained in sections 1, 4 (i) competitive television situation. Both study is completed. and ( j), 3(11, 303 (a), (b ), (c), (d), (e), Van Curler and ABC have submitted 23. For the foregoing reasons, it is the (f), (g), (h) and (r), and 307 (b) of the counterproposals suggesting that Chan judgment of the Commission that Communications Act of 1934, as nel 6 be deleted from Schenectady and amendment of the Table of Assignments amended, and section 4 of th e Admin shifted to Syracuse to provide that city for Television Broadcast S ta tio n s istrative Procedure Act. with a third VHP station which could (§ 3.606) of the Commission’s rules by (Sec. 4, 48 Stat.. 1066, as amended; 47 U. S. C. compete on an equal footing with its deleting -Channel 10 from Vail Mills, New 154. Interprets or applies secs. 301, 303, 307, two existing VHP stations. As an alter York; substituting Channel 47 for Chan 48 Stat. 1081, 1082, 1083; 47 U. S. C. 301, native, Van Curler urged that Channel nel 6 at Albany-Schenectady-Troy, New 303, 307) 6 be reserved for educational purposes at York, and assigning Channel 6 to Syra Albany. WKNY-TV Corporation at Adopted: February 26, 1957. cuse would promote the public interest, Poughkeepsie also endorsed these coun Released: March 1,1957. terproposals. The proposal to assign convenience and necessity. However, Channel 6 to Syracuse would comply with General Electric Company has an out F ederal Communications the mileage separation requirements of standing license for operation of Station Commission,7 the Rules if a Channel 6 transmitter WRGB on Channel 6 at Schenectady, [seal] M ary J ane M orris, were located slightly south of Syracuse, New York. In view of the provisions of Secretary. but Canada would have to be notified of this assignment inasmuch, as Van Curler •In accordance with Section H of the [P. R. Doc. 57-1732; Piled, Mar. 7, 1957: indicates, from a transmitter location Canadian-United States Television Agree 8:45 a. m.] south of Syracuse (site of WSYR-TV or ment (TIAS2594), all changes in the Table of Assignments in communities within 250 •Commissioner Doerfer dissenting; Co - WHEN-TV) there would be a co-channel miles of the U. S.-Canadian border are sub missioner Mack dissenting and issuing separation of but 170.5 miles with Station ject to notification with the opportunity of statement filed as part of original doc CBLT, Toronto, Ontario, Canada, and protest. ment. ^ - •V : ,/ Friday, March 8, 1957 FEDERAL REGISTER 1499
[Docket No. 11757; FCC 57-186] The Commission stated that this request Company, applicants for stations on [Rules Arndt. 3-58] should be considered in conjunction with Channel 9 at Hatfield, Indiana. A “Mo the subject proceeding and that there tion to Strike Reply Comments of Pre Part 3—R adio B roadcast S ervices was no necessity for amending the Notice mier Television, Inc., and WEHT, Inc.” TABLE OF ASSIGNMENTS, TELEVISION of Rule Making or for instituting further was filed by WTVW; an opposition to this BROADCAST STATIONS rule making to incorporate the Louisville motion was tendered by WFIE and proposal, and that parties advancing this WEHT, and a reply thereto was filed by In the matter of amendment of § 3.606, proposal could fully prosecute it as a the movant. Table of Assignments, Television Broad counterproposal in this proceeding. 8. We noted in our Report and Order, cast Stations (Evansville, Indiana). 5. In addition to the foregoing pro issued last June, outlining the proposals 1. The Commission has before it for posals, Premier Television, Inc., operator for interim action, that because of the consideration the proposals set out in of Station WFIE on Channel 14 in Evans widely varying circumstances in indi its Notice of Proposed Rule Making (FCC ville; and WEHT, Inc., operator of vidual markets, as well as the numer 56-598) issued in this proceeding on Channel 50 in Henderson, Kentucky, ous factors bearing on the choice of June 26, 1956, and subsequent further jointly submitted a counterproposal urg techniques in any individual community Notices, for the reallocation of tele ing that the Commission’s proposal for or area, it would not be possible to for vision assignments in Evansville so as to Channel 7 be adopted and that, in ad mulate rigid criteria to be applied to change the educational reservation in dition, Channel 9 at Hatfield, Indiana, individual cases in order to indicate the that city from Channel 56 to Channel 7, be reserved for educational use. course that would best serve the public as well as related counterproposals dis 6. On December 3, 1956 th6 Commis interest in each community. We did cussed hereafter. Interested parties sion released-®- Memorandum Opinion conclude, however, that certain consid have been afforded an opportunity to and Order (FCC 56-1191) concerning a erations would have a bearing on our submit comments directed to the Com petition 'filed by Evansville Television, decisions in the individual cities. We mission’s proposals and to advance Inc., (WTVW) requesting withdrawal of stated that in markets with one or more counterproposals, and we are now in a the Commission’s June 26, 1956, Notice commercial VHF channels, the merits of position to issue our Report. of Proposed Rule Making in this pro proposals to eliminate a VHF channel 2. The Commission last June issued its ceeding. WTVW’s petition was denied would depend, in large part, on such Report and Order in the general tele “* * * without prejudice to the Com factors as: vision allocation proceeding in Docket mission’s right to consider the conten (1) Whether significant numbers of No. 11532, outlining a long-range pro tions thereof in connection with the people would lack service as a result of gram designed to improve the television comments to be filed in [this pro the elimination of the VHF channel. allocation structure. At the same time ceeding]”. (2) Whether one dr more UHF sta we considered what action might be 7. Comments have been filed by inter tions are operating in the area. taken to improve the opportunities for ested parties: Premier Television, Inc. (3) Whether a reasonably high pro more effective competition among a (WFIE) on Channel 14 in Evansville; portion of the sets in use can receive greater number of stations in individual WEHT, Inc. (WEHT) on Channel 59 in UHF signals. communities and areas pending a reso Henderson, Kentucky; the American (4) Whether the terrain is reasonably lution of the long-range program, which Broadcasting Company; and the Joint favorable for UHF coverage. will require some years to implement. Council on Educational Television all of (5) Whether, taking into account all In furtherance of this interim program whom support the Commission’s proposal the local circumstances, the elimination a number of rule making proceedings to reserve Channel 7 for educational use of a VHF channel would b »-.consistent such as the instant one have been initi or to delete it from Evansville. Evans with the objective of improving the op ated proposing channel changes for ville Television, Inc. (WTVW) on Chan portunities for effective competition various communities. nel 7 in Evansville and the Evansville among a greater number of stations. 3. With respect to Evansville, the Chamber of Commerce oppose the pro Similarly, we noted that the desira Commission proposed to deintermix posal. Comments favoring the counter bility of assigning additional VHF chan Evansville by shifting the educational proposal to reserve Channel 9 at Hatfield nels to communities would depend reservation from UHF Channel 56 to for educational use, in addition to the principally upon: VHP Channel 7, as follows : reservation or deletion of Channel 7 at (1) Whether it is possible to locate the Evansville, were filed by the permittees of new transmitter so as to meet minimum Channel No. WFIE and WEHT. Parties filing com transmitter spacings. | City ments favoring the counterproposal to (2) Whether, in cases where it is nec Proposed shift Channel 7 to Louisville for use in essary to move the channel from another Present that city as a commercial channel were city, there is greater need for the channel Evansville, Tnrl Mid-America Broadcasting Corporation, in the area to which it is proposed to be 7,14,50, *56' *7,14,50,56. permittee of Station WKLO-TV on assigned. Channel 21 (operation suspended) in (3) Whether the addition of a new Reserved for educational use. *0n January 30, 1957, the Commission shifted UHF Louisville; the American Broadcasting VHF assignment would be consistent Channel 62 from Evansville to Owensboro, Kentucky, Company; Harry Lee Waterfield, Acting with the objective of improving the op sad shifted Channel 14 from Owensboro to Evansville. Governor of the State of Kentucky; portunities for effective competition 4. On October 22, 1956, the CommisMayor Andrew Broaddus of Louisville; among a greater number of stations. sion issued a Memorandum Opinion and Robert Humphreys, United States Sena We proceed to consider the various Order (FCC 56-1007) with respect to tor from Kentucky; and Governor A. B. proposals and counterproposals relating petitions filed by Mid-America Broadcast Chandler of Kentucky.1 Reply com to Channels 7 and 9 in the light of these Corporation, Senator Robert Humph ments were Submitted by the permittees factors. reys, Governor A. B. Chandler of Ken of WFIE, WEHT and WTVW and by 9. The Evansville area is a predomi tucky, and Mayor Andrew Broaddus of ABC. A joint “Motion to Strike Com nantly UHF area from the standpoint bouisville, Kentucky, seeking to amend ments Related to Channel 9 at Hatfield, of operating stations and channel assign the Commission’s Table of Television Indiana” was field by Owensboro On the ments. Premier Television, Inc., oper Assignments so as to shift Channel 7 Air, Inc.^ and Owensboro Publishing ates UHF Station WFIE on Channel 14 from Evansville, Indiana, to Louisville, in Evansville and WEHT, Inc., operates Kentucky, as follows; 1 Numerous petitions, resolutions, letters UHF Station WEHT on Channel 50 in and post cards opposing the deletion or Henderson, Kentucky, a city just across Channel No. reservation of Channel 7 were received from the Ohio River from Evansville. City cities, villages, organizations and individuals Another UHF station operating in the in the Evansville-Owensboro area. A number general area is WSIL-TV on Channel 22 Present Proposed of other communications were received from state and local officials and from organiza ■in Harrisburg, Illinois, some 56 miles Evansville, Tn*f 7,14,50, *56._ 14,50, *56. tions and Individuals in the Louisville area from Evansville. A construction permit Louisville, Ky 3,11, *15,21,41, 3,7,11, *15,2f, 51. 41,51. asking that Channel 7 be allocated to is held for Station WRAY-TV on Chan Louisville. nel 52 in Princeton, Indiana, about 25 1500 RULES AND REGULATIONS
miles from Evansville, which station Yet we note that WTVW has nowhere cussed in the preceding paragraph, arise suspended operations in July 1954. stated the extent of this allegedly primarily from the fact that WFIE and Another construction permit is held for “rugged”, “irregular” terrain; nor has WEHT assumed that the authorized but Station WKYT on Channel 62 in Owens it asserted that this uneven terrain is not operating UHP stations in Princeton boro, Kentucky, about 30 miles from within the WTVW Channel 7 Grade B and Owepsboro were rendering television Evansville. In addition to operating sta contour.2 We find nothing in the rec service, while WTVW did not take these tions, 8 UHF channels are available in ord beforejis which demonstrates that authorizations into account. the Evansville area: Channel 16 in the terrain in the Evansville area would 15. The UHP stations supporting de Olney, Illinois, 58 miles from Evansville; provide significant difficulties for UHP intermixture ran field intensity meas Channel 19 in Jasper, Indiana, 42 miles propagation. urements in the three areas which, ac away; Channel 26 in Madisonville, Ken 12. An important question requiring cording to their computations employing tucky, 45 miles away; Channel 31 in Tell resolution is whether any areas that now the propagation curves set out in the City, Indiana, 43 miles away; Channel receive Station WTVW on Channel 7 in rules, will become “white areas” if both 38 in Mt. Vernon, Illinois, 75 miles away; Evansville would lose their only tele Channels 7 at Evansville and 9 at Hat Channel 44 in Vincennes, Indiana, 48 vision service if Channel 7 is reserved for field are deleted or reserved for educa miles away; Channel 45 in Princeton, education; i. e\, whether the reservation tion. These measurements appear to Kentucky, 62 miles away; and Channel of Channel 7 will result in the creation show that some UHP service exists at the 60 in Washington, Indiana, 48 miles of a “white area.” Since counterpropo present time in these areas. While many away. On the other hand, only two VHP sals advanced in this proceeding ask that of the 161 locations measured appar channels are allocated to the entire area Channel 7 be shifted to Louisville and ently do receive a good television pic within 75 miles of Evansville: Channel 7 used there as a commercial channel, and ture, others do not. Since coverage at in Evansville, on which Station WTVW that Channel 9 in Hatfield be reserved VHP and UHP frequencies is a statistical is now operating; and Channel 9 in Hat for education, our consideration of the matter, it js not possible to judge the field, Indiana, a community 13 miles merits of these counterproposals, as well exact nature of the service unless a suf from Owensboro and 21 miles from as the Commission’s initial proposal, re ficiently large sampling is taken, which Evansville, which channel is now the quires that we endeavor to ascertain on was not the case with these measure subject of a comparative hearing be the basis of available indications ments. Hence, we do not attach deci tween two competing applicants. No whether any “white areas” will result sional significance to these measure other VHP station put a Grade B or and, if so, the extent of such “white ments. WFIE and WEHT contend that stronger signal over Evansville, and areas”: (1) If only Channel 7 is reserved their UHF coverage has been proved by relatively little VHP service now invades or deleted, and (2) if both Channels 7 actual observation and mail response to the immediate Evansville area. A con and 9 are reserved or deleted. Further, be 10 to 15 miles in excess of their Grade struction permit is held for, but opera we should consider whether, if Channel B contours, as such contours are com tion has not yet commenced at, Station 7 is shifted from Evansville to Louisville, puted in accordance with the Commis WBSD-TV on Channel 6 in Paducah, the “white area”, if any, which would sion’s rules. They further state that Kentucky, 85 miles from Evansville. result in the Evansville area would be they plan to expand their facilities to The only other VHP stations which serve partially or completely offset by present provide more extensive coverage, and any portions of the Grade B contour of “white area” in the Louisville area that operation of their stations with WTVW on Channel 7 at Evansville are which, its a result of the channel shift, 1,000 kw at 1,000 feet would eliminate Stations WAVE-TV and WHAS-TV in would receive its first television service. any “white area” resulting from the res Louisville, 98 miles from Evansville; 13. Both WKLO-TV and WTVW com ervation or deletion of Channel 7, since . WTRI-TV in Terre Haute, 100 miles puted the “white area” (i. e., the area coverage of Such UHP stations would from Evansville; WTTV-TV in Bloom which could lose its only Grade B or equal that of an Evansville Channel 7 ington, Indiana, 100 miles from Evans stronger signal) which would result from operation with maximum facilities (316 ville; and WSM-TV and WLAC-TV in the reservation or removal of Channel kw at 1,000 feet) .* Nashville, Tennessee, 132 miles from 7 from Evansville and the retention of 16. If Channel 7 is moved to Louis Evansville. Channel 9 in Hatfield. WKLO-TV as ville, WKLO-TV asserts that an opera 10. The UHF character of the Evans serts that this “white area” would com tion on that channel \ would provide a ville area is further illustrated by the prise 154 square miles ^population not first service (i. e., would result in the high percentage of television sets in the given); yet WTVW states that the elimination of present “white areas”) area capable of receiving the UHP trans “white area” would constitute 734 to 1,237 square miles or 1,883 square missions. Evansville and the Evansville square miles with a population of 28.928 miles, depending upon which of two com standard metropolitan area (Vander persons. Each party’s computation was peting applications for Channel 13 at burgh County) are virtually 100 percent made in accordance with the methods Bowling Green, Kentucky, is granted. converted to UHP. Data in the record prescribed in our Rules, using presently Approximately 56,300 persons reside m also indicates that over 84 percent of the authorized powers and antenna heights. the 1,237 square miles “white area” and receivers in Daviess County (Owens WKLO-TV, however, took into consider 75,300 persons in the 1,883 square mile boro) can receive UHP signals,, and the ation, as if they were operating stations, “white area”. percentage of UHF-equipped sets ap two authorized but not operating UHP 17. Since any computation of tne proaches that figure in the entire service stations in Princeton, Indiana,8 and areas and populations that might gam area of the operating UHP stations. Owensboro, Kentucky; while WTVW did or lose théir only present and/or poten 11. The record Indicates that the ter jnot take into account these UHP author tial television service from the Commis rain in the Evansville area is generally izations. sion’s proposal and from any of the smooth and consists chiefly of flat farm 14. 'WFIE and WEHT assert that the counterproposals urged in this proceea- lands of southern Illinois, southern In “white area” which would result from inp- must, nf necessity be grounded on so diana and north-western Kentucky. the reservation or deletion of both Chan WFIE and WEHT claim that in the area nel 7 at Evansville and Channel 9 at * The opponents argue that it would to the northwest of Evansville, the area Hatfield would comprise 534 square miles folly to - expect the UHP stations in and 23,094 persons. WTVW, on the Evansville area to increase facilities to max - where there are the fewest television sig mum power and antenna height, since nals and hence where long-range prop other hand, contends that this “white area” would be 974 square miles with a resulting increase in service areas o agation is most important, the terrain UHP stations would be in predomman y consists almost entirely of smooth farm population of 90,713. The disparity be VHP areas now served by VHP stations _ land. Contrarily, WTVW asserts that tween these computations, like those dis- Louisville, Bloomington, Terre Haute, » the areas now “receiving satisfactory ville, and Paducah, . where few sets 3 WTVW claims “extended service” beyond equipped to receive UHP signals. ______service from Channel 7 contain rugged the WTVW Grade B contour to that station’s 8 In making this determination, WRi«“ terrain which is not favorable for UHP 316 microvolt per meter contour. computed the Grade B contours o* * ■ . transmission”, and its consulting engi ‘ Station WRAY-TV operated on Channel tions, using presently authorized pow , neer mentions that there are “areas of 52 in Princeton from December l6, 1953, to antenna -heights. The Louisville C ® irregular terrain * * * in the vicinity of July 15, 1954. The construction permit for 7 transmitter site was assumed to be at b the Ohio River and east of Evansville.” this station is still outstanding. Spring, "Kentucky, with 316 kw at 1.5 v Friday, March 8, 1957 FEDERAL REGISTER 1501 many variables and assumptions, includ network plans and lower operating costs. nel 9 from Hatfield to Evansville where ing transmitter locations, heights and WFIE and WEHT allege that, even it will be reserved for educational use, powers to be employed in the future and though they have managed to survive and the allocation of UHF Channel 31 additional stations that might sign on four months of competition from one to Evansville* and UHF Channel 56 to the air, no precise computations can be VHF station, this fact is no yardstick to Owensboro7 will further our interim ob made. And the problem is made more predict future survival, because only one jective of improving the opportunities complex by the fact that the propaga VHF station is now on the air, although for effective competition among a tion curves presently available and another VHF (Ghannel 9 in Hatfield) greater number of stations. While we known methods of computation do not will sign on later. WFIE and WEHT recognize that “complete” deintermix lend themselves to precise determina further assert that during the four ture of the area now served by Station tions of coverage at specific locations. months that VHF Station WTVW has WTVW on Channel 7 will not be achieved However, our careful analysis of all the been on the air, it has operated with a by these channel changes since some information which is available on this low power, temporary physical plaht and VHF service is provided to the periphery record has led us to the conclusion that without a live network interconnection; of this area by stations in other cities, if Channel 7 is moved from Evansville and that WTVW has been racked with we do not believe that the reception of to Louisville, the population that will internal difficulties, transfer of control VHF signals from relatively distant cities lose its only service (predictions vary to new parties and other inter-corporate and separate markets will seriously im from zero to 28,928) will be more than problems. pair UHF in Evansville and throughout offset by the population that will gain 19. WTVW contends that the objective the Evansville trade area. Furthermore, its first service (predictions vary from of improving the opportunities for ef it is noted that much of the service areas 56,300 to 75,300). It is also apparent fective competition among a greater of the UHF stations will, as a result of that the population that will lose its number of stations would not be ac -the removal of Channels 7 and 9 from only service if Channel 7 is shifted from complished through adoption of the pro commercial operation in the area, be Evansville to Louisville and if Channel posal, since WFIE and WEHT are al free from VHF competition. 9 is reserved for education or deleted ready effectively competing against Sta 21. In addition to the benefits falling (predictions vary from 23,094 to 90,713) tion WTVW. WTVW emphasizes that to the Evansville market by virtue of will be substantially or completely offset the UHF stations have retained their deintermixture, Channel 7 can be as by the population that will gain its only NBC and CBS affiliations, while WTVW signed to another community, Louisville," service from a Louisville operation on- has obtained a less desirable ABC affili where, in light of local circumstances, Channel 7. ation. WTVW further notes that the the addition of a VHF outlet should im 18. Evansville, the 108th market in theproposed reservation or deletion of prove the competitive television situa nation, with a 1950 standard metropoli Channel 7 will not effectively deintermix tion. This city has a population of tan area population of 160,422 and a city the Evansville area, because a station on 369,129, and the Louisville standard population of 128,636, has been allocated Hatfield Channel 9 will provide Grade metropolitan area has a population of three commercial channels, VHP Chan B service to most of the Evansville Chan 576,900, the 25th market in the nation. nel 7 and UHF Channels 14 and 50. nel 7 Grade B service area, and since Louisville now has two. VHF channel as Channel 56, also allocated to Evans VHF stations in Louisville, Blooming signments with operating stations on ville, is an educational reservation. Sta ton, Indianapolis, Terre Haute, and both channels. No other VHF station tions have been operating on the UHF Nashville serve parts of the WTVW provide a Grade B or stronger signal to channels for several years. Station service area. Louisville. Although three UHF chan WTVW, on Channel 7, signed on the air 20. Our experience in other markets nels are assigned to Louisville for com only during September 1956. Owensboro, has demonstrated that the continuance mercial use and an additional UHF is Kentucky, and Hatfield, Indiana, are of a single VHF station in a UHF market reserved for education, there are no UHF both approximately 30 miles from such as Evansville generally seriously stations on the air there8 or in any city Evansville. A construction permit is affects the ability of the UHF stations to closer than Lexington, Kentucky, some held for Station WKYT on Channel 62 render service; while the advent of a 70 miles from Louisville. The parties in Owensboro, Kentucky, 30 miles from second VHF station in such a market urging the counterproposal to shift Evansville; and a comparative hearing frequently spells the demise of ¿111 or Channel 7 to Louisville assert that there is in progress between two applicants for most of the UHF service in the area. is no chance of additional television Channel 9 at Hatfield, Indiana, 21 miles Since only one VHF channel is assigned service in that predominantly VHF area from Evansville. The primary purpose to Evansville and only two VHF, chan unless a VHF channel is added, and that of this proceeding is to determine nels are allocated for the entire Evans- Channel 7 would afford a much-needed whether the Evansville area, which in ville-Owensboro area, since no other third local outlet. They assert that a cludes Owensboro and Hatfield, should VHF stations put a Grade B or stronger minimum of three fully competitive be wholly or partially deintermixed by signal over Evansville, and since addi facilities in each of the major markets either deleting or reserving for educa tional VHF channels cannot be assigned in the nation, including Louisville, is tion one or both of the VHF channels to the area under present allocation required to promote effective local com now allocated to the area. The pro standards, the failure of UHF would petition and to provide adequate com ponents of deintermixture contend that, mean that Evansville would be forced to petition between national networks. based upon experience in larger markets depend upon a single VHF station for 22. We must next determine whether than Evansville, it is an established fact local service and would receive only two Channel 7 in Louisville would meet the that UHF stations cannot compete suc television services. This possibility can technical allocation requirements. Since cessfully with two or more VHF stations be obviated by eliminating the VHF the distances between the City of Louis in a single market. Thus, they argue channels in Evansville and Hatfield and ville and reference points in other com that Channel 7 in Evansville and Chan thereby equalizing the competitive situa munities where Chanel 7 is also assigned nel 9 in Hatfield should be removed tion. The assignment of a third com do not meet the mileage separation pro “°na competition with UHF * stations, mercial JUHF channel to Evansville and visions of our rules, Channel 7 cannot be ^ey emphasize that there is a potential of a second UHF channel to Owensboro of 5 UHF stations in the Evansville mar will enhance the possibility of more ef «The assignment of Channel 31 to Evans ket, and that more UHF channels are fective competition among the networks ville requires its deletion from Tell City, In available to communities on the periph- in these markets and of bringing the diana, and the substitution therefor of «7 of the region. They argue that, programs of all three networks to the Channel 78 in Tell City. No application has While none of these as yet unused UHF public. Deintermixture, we feel, would been filed for a station in Tell City. Channels would be utilized if the area 7 The assignment of Channel 56 to Owens becomes partially or predominantly remove any artificial restraint on the es boro requires its deletion from EvansvUle, if it is kept free of destructive tablishment of a third or even a fourth where it is. now a noncommercial educational station in the area; and the number of reservation. As shown in paragraph 23, infra, vfiF competition there is an economic Channel 9 is being shifted to Evansville as Potential for use of the UHF channels stations would be determined solely by the educational reservation for that city. i? these smaller cities surrounding what the traffic will bear. We find, • WKLO-TV operated on' Channel 21 in ~'^nfyille with the expected availability therefore, that the removal of Channel Louisville from October 18, 1953 to April 20, “ better and cheaper film, small market 7 from Evansville, the transfer of Chan 1954. 1502 RULES AND REGULATIONS allocated to Louisville unless it appears ville area wiU be afforded, more and better nate or diminish the substantive right of that a transmitter site is available that television service. a broadcast permittee or licensee to a would meet minimum spacing require 25. WTVW reasserts the contentions full evidentiary hearing, if one is re ments and from which location a advanced in its petition for withdrawal quested, before its authorization can be minimum “city grade” signal can be of the Commission’s June 26,1956, Notice modified. placed over Louisville. We believe the of Proposed Rule Making in this proceed 27. WTVW argues that UHF is a tech record demonstrates that such a site ing. WTVW argues that the Commission nically inferior service at this stage would be available.® has arbitrarily, and hence illegally, of development due to difficulties of re 23. We have reviewed the record in selected Evansville for deintermixture ception, failure of receiver components this proceeding with a view to the factors without having first adopted any reason and additional operating costs; and that listed in our Report and Order of June able formula for deintermixture to be it is therefore unfair to deprive Evans 26,1956, and conclude that the public in applied nationwide for the selection of ville, the principal city of an important terest would be served by deleting Chan cities to be deintermixed. This conten industrial and agricultural trade area, of nel 7 and assigning UHF Channel 31 to tion is'without merit. Our June 26, the more efficient and effective service Evansville, and by adding Channel 7 to 1956, Report and'Order in the general possible on a VHP channel. We do not Louisville. We also believe that the television allocation proceeding (Docket agree with this contention. The action counterproposal to reserve for education No. 11532) makes abundantly clear the that we are taking will result in the Channel 9, now assigned to Hatfield, In fact that the Commission was embark Evansville area, becoming an all-UHF diana, would serve the public interest, ing upon a longe-range program of re market. Our experience with UHF oper convenience and necessity. However, search and development looking toward ations during the past several years con since Evansville has a population of 128,- the feasibility and advisability of shift vinces us that in UHF-only areas and in 636 and a metropolitan area population ing all or a major part of the television areas where • the only VHF service is of 160,422, is the seat of several noted service in this nation to the UHF band. fringe service from distant cities, UHF educational institutions of higher learn The Report and Order further stated has proved that it is fully capable of in g and is the principal educational that, since some years will occur before rendering service satisfactory to the gen center in its trade area, we believe that such a long-range program could be im eral public, and to local and national* Channel 9 should' be reserved for educa plemented, the Commission has deemed advertisers who provide the necessary tional use in Evansville rather than in it appropriate to initiate action to im economic support for such stations. In Hatfield. We further conclude that UHF prove, at the earliest practicable time, the such non-intermixed areas almost all sets Channel 56, now reserved for education opportunities for effective competition are capable of receiving UHF signals, and in Evansville, should be unreserved and among a greater number of stations in the UHF stations program to meet the shifted to Owensboro, Kentucky.10 The those communities where in our view needs of every segment of their diverse Evansville area (including Owensboro such action offers the most likelihood audience, including commerce, agricul and Hatfield) is predominantly UHF; of achieving the desired salutary results. ture, industry and government. the terrain is satisfactory for UHF prop Although the Commission on its'own 28. Owensboro On the Air, Inc. and agation; the vast majority of sets are motion selected as the subjects of rule Owensboro Publishing Company, appli equipped for UHF; several UHF stations making thirteen areas, including the cants for Channel 9 at Hatfield, Indiana in the area are providing service to the Evansville area, where channel changes have moved to strike the WME and public; and additional UHF channels are appeared to offer the best possibility of WEHT counterproposal that Channel 9 available to replace Channels 7 and 9. furthering our program, we emphasized in Hatfield be deleted or reserved for Further, the population that will lose its that these areas would not necessarily education. The Hatfield applicants only service in the Evansville area will be be the only -ones for which deintermix assert that this counterproposal is be largely or completely offset by the pop ture proposals would be entertained. On yond the scope of,this proceeding and ulation that will gain its first service from July 19, 1956, the Commission, at the, that any action by the Comiftission to a Louisville station on Channel 7. instance of a petitioner, instituted simi delete Charinel 9 or reserve it for educa 24. We believe that the action we are lar rule making in a fourteenth area tion would violate the provisions for now taking carries out the mandate of Columbia, South Carolina. Other rule notice prescribed by section 4 of the Ad section 307 (b) of the Communications making petitions seeking deintermixture ministrative Procedure Act. We disagree Act, because it will result in the assign of other markets are pending and, wifi-be with this contention. Our June 26,1956, ment of frequencies so as to provide a considered in due course. Where the Notice of Proposed Rule Making stated more fair, efficient and equitable distri proposals embodied in these petitions that tfie instant proceeding is being con bution of television service in both the appear to offer sufficient promise of ducted in furtherance of our program Evansville and Louisville areas, and will furthering our program of improving for improving the opportunities for effec increase the likelihood of more TV serv the opportunities for effective competi tive competition among a greater num ice and more local TV outlets in these tion among a greater number of stations, ber of stations in specific areas, which areas. It should be emphasized that in rule making proceedings will be insti program was enunciated in our June 26, removing Channel 7 from Evansville and tuted. It is thus apparent that the Com 1956, Report and Order in the general in reserving Channel 9 for education in mission has not arbitrarily picked certain television allocations proceeding (Docket that city our primary^purpose is not to communities as the sole subjects of de- No. 11532).u Since the need for area, guarantee the profitable 6peration of intermixture proceedings without giving deintermixture was treated at some particular UHF licensees. Rather, we due consideration to the effect that such length in the Report and Order, all par wish to insure more effective competi rule making will have upon the national ties were on notice that the instant, pro tion among a greater number of stations television allocations structure. ceeding, as well as the other deinter in order that the public in the Evans- 26. WTVW contends that the instant mixture proceedings, concern the need rule making proceeding illegally deprives for and advisability of area deintermix 8 WKLO—TV has suggested such a site near it of its statutory right to a full adjudi ture. Unquestionably Evansville and Big Spring, Kentucky, where a 316 kw opera catory-evidentiary hearing, as required Hatfield, being dnly about 21 miles apart, tion with a 1,500 foot above average terrain by sections 303 (f) and 316 of the Com tower would put a “city grade” (77 dbu) are in the same general area.12 The un- munications Act. It does not do this. ■tenability of the Hatfield applicants’ mo signal over all of Louisville. This proposed This proceeding looks toward a change in operation near Big Spring was relied upon tion to strike is further demonstrated by by WKLO-TV in its assertion that a Louis § 3.606 of the Commission’s rules, the ville Channel 7 operation would provide a Table of Assignments of television broad ■ 11 Both of these June 26, 1956, releases first service to a substantially large present cast channels. It thus constitutes a (Notice in this proceeding and the Report "white area”, which determination was dis valid exercise of our rule making func and Order in Docket 11532) were duly pub cussed in paragraph 16, supra. tion in compliance with the Communica lished in the F ederal Register. This consti “ It is noted that this reallocation leaves tions Act and the Administrative Pro tutes constructive notice of all parties under Hatfield without sin assignment of its own. cedure Act. See Logansport Broadcast prevailing statutes. Yet since Hatfield is less than 15 miles from ing Corp. v. United States, 210 F. 2d 24; 12 The record discloses that Station WTVW Qwensboro, pursuant to the provisions of on Channel 7 in Evansville puts a Grade A Peoples Broadcasting Company v. FCC, signal over Hatfield, and that both of the § 3.607 (b) of the rules, applications can be 209 F. 2d 286. The channel changes Hatfield Channel 9 applicants propose to pro filed for a station in Hatfield on Channel 56. herein proposed do not in any way elimi vide Evansville with a Grade A signal. Friday, March 8, 1957 FEDERAL REGISTER 1503 the fact that the WFIE and WEHT by shifting Channel 7 from Evansville, 36. Authority for the foregoing counterproposal to delete or reserve for Indiana to Louisville, Kentcky; assigning amendments is contained in sections 1, education Channel 9 was included as an Channel 31 to Evansville; substituting 4 (i) and (j), 301, 303 (a), (b), (c), (d), integral part of their initial comments Channel 78 for Channel 31 in Tell City, (e), (f), (g), (h) and (r), and 307 (b) in this proceeding, which comments were Indiana; shifting Channel 9 from Hat of the Communications Act of 1934, as filed on December 3, 1956. Reply com field, Indiana, to Evansville where the amended, and section 4 of the Adminis ments were timely if filed by December channel is to be reserved for noncom trative Procedure Act. 28,1956. The Channel 9 applicants were mercial educational use; and by unre (Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. thus afforded an ample opportunity to serving Channel 56 and shifting it from 154. Interprets or applies secs. 301, 303, submit comments in opposition to this Evansville to Owensboro, Kentucky would 307, 48 Stat. 1081, 1082, 1083; 47 U. S. C. 301, counterproposal. We need not decide promote tlie public interest, convenience 303, 307) whether these Hatfield applicants had and necessity. However, Evansville Adopted: February 26, 1957. constructive notice of the filing of the Television, Inc., has an outstanding au WFIE and WEHT'counterproposal, since thorization for operation of Station Released: March 1, 1957. they unquestionably had actual notice of WTVW on Channel 7 in Evansville. In F ederal Communications this filing some time prior to December view of the provisions of sections 303 (f) Commission,“ 28, 1956. The Hatfield applicants could and 316 of the Communications Act of [seal] ' Mary J ane M orris, not otherwise have filed their motion to 1934, as amended, the frequency of Secretary. strike on that date. Station WTVW could not be changed from Channel 7 to Channel 31 without [F. R. Doc. 57-1733; Filed, Mar. 7, 1957; 29. On January 15, 1957, Evansville 8:45 a. m.] Television, Inc. (WTVW) filed a motion the consent of the permittee or, absent to strike the WFIE and WEHT Reply such consent, a public hearing being Comments. WTVW asserts- that the first held. 31. Accordingly, it is ordered, That WFIE and WEHT field intensity meas [Docket No. 11758; FCC 57-179] urement data, and other data relating Evansville Television, Inc., is hereby to programs carried on WFIE and notified of the proposed modification of [Rules Amdt. 3-54] WEHT, submitted in their Reply Com its construction permit to specify oper P art 3—R adio B roadcast S ervices ments, constituted new material, were ation on Channel 31, and the grounds not in reply to anything filed by other and reasons therefore, and is directed to table of assignments; television parties and hence should have been filed show cause why such order of modifi BROADCAST STATIONS with the WFIE and WEHT original com cation should not issue, by filing with In the matter of amendment of § 3.606, ments. The UHF stations, in their oppo the Commission at its offices in Washing- Table of Assignments Television Broad sition to this motion, assert that their top, D. C., on or before April 15, 1957, cast Stations (Elmira, New York). reply comments were filed in specific a response stating in detail the reasons 1. The Commission has before it for response to allegations and comments why it believes its authorization should consideration the proposals set out in its made by WTVW and other parties in not be so modified. Notice of Proposed Rule Making (FCC- their original comments. WTVW also 32. Respondent should file an original 599) released in this proceeding on moves to strike as improper and scandal- and 14 copies of its response, and should June 26, 1956, ahd subsequent further ous those portions of the WFIE and indicate therein whether' or not it re Notices, for the reallocation of television WEHT Reply Comments (1) which al quests a public hearing in the matter and channels in the Elmira, New York area. leged that the original WTVW comments whether it intends to appear at such Interested parties have been afforded the did not correctly set forth the operating hearing and present evidence on the opportunity of filing comments directed powers of the Evansville UHF stations; matters specified herein and in said re to the proposals and of advancing their and 42) which stated that WTVW erred sponse. own counterproposals, and we are now in summarizing certain station owner 33. The failure to file a response by in a position to issue our Report. ship data. The UHF permittees, in their April 15,1957, shall be deemed a consent 2. The Commission on June 26, 1956, opposition to the motion to strike, assert by respondent to the modification of its issued its Report and Order (FCC 56- that the statements made in their Reply authorization as proposed, and a final 587) in the General Television Allocation Comments about operating powers and order will be issued accordingly, unless Proceeding in Docket No. 11532 outlining station ownership are true and accord in a petition filed at least five days be a long-range program designed to im ingly could not have been improper. We fore said date respondent shows good prove the television allocation structure. believe that the WTVW motion should cause whsr.such time should be extended. At the same time we considered what be denied. We know of no reason to The failure to indicate in said response action might be taken to improve the disbelieve the WFIE and WEHT con that respondent requests a hearing will opportunities for more effective competi tention that their field intensity meas- be deemed a waiver of its right to a tion among a greater number of stations urements were made to rebut the WFTV hearing. in individual communities and areas contention, urged in that party’s ' 34. If a response is filed and the right pending, a resolution of the long-range original comments, that UHF coverage to request a hearing has been ^waived, program, which will require some years is inferior to VHF coverage. Further, the Commission may, depending upon to implement. In furtherance of this program data of UHF stations in the the facts alleged and proof offered, interim program a number of rule mak Evansville area submitted by WFIE and either call upon respondent to furnish ing proceedings such as the instant one WEHT in their Reply Comments can additional information under oath, des have been initiated proposing channel reasonably be construed as a valid at ignate the matter for hearing on its own changes for various communities. tempt to answer the criticism levelled motion or issue without further pro ceedings an order modifying respondent’s 3. With respect to the Elmira area, the at these UHF stations’ public service Commission proposed to deintermix Program record by the Evansville authorization as proposed. Chamber of Commerce in its original 35. It is further ordered, That effective Elmira by deleting VHF Channel 9 from comments. Likewise, we believe that April 15, 1957, the Table of Assignments Elmira and by substituting therefor UHF WFIE and WEHT sufficiently refuted as contained in § 3.606 of the Commission’s Channel 30, as follows: sertions made in the original WFTV rules and regulations is amended in the comments in stating that the WTVW following respects: Channel No. comments incorrectly set forth the City operating powers of the Evansville UHF Channel Present Proposed stations and erroneously summarized City certain station ownership data. Delete Add Elmira, M. Y ______9,18,24 18,24,30 30. For the foregoing reasons, it is the 37 Judgment of the Commission that Tell City, ...... 31- 78 amendment of the Table of Assignments 9+ 13 Commissioner Doerfer dissenting; Com Evansville, Ind...... J______*66 *9+ no TeleYisi°n Broadcast Stations 66- missioner Mack dissenting and Issuing a 45 3.606 (b) of the Commission’s rules). statement filed as part of original document. No. 46— 4 1504 RULES AND REGULATIONS
4. On November 30,1956, the Commis ual markets, as well as the numerous would serve with Grade B or stronger sion released a Memorandum Opinion factors bearing on the choice of tech signals, parts of the Elmira Channel 9 and Order (FCC 56-1186) concerning a niques in any individual community or Grade B service area, as follows: (1) petition filed by Veterans Broadcasting area, it would not be possible to formulate WCBP on Channel 15 in Rochester, New Company, Inc., an applicant for VHP rigid criteria to be supplied to individual York, 84 miles from Elmira; (2) WHCU- Channel 9 in Elmira, requesting recon cases in order to indicate the course that TV on Channel 20 in Ithaca, New York, sideration of the Commission’s Notice of would best serve the public interest in 30 miles from Elmira; (3) WRAK-TV on Proposed Rule Making in this proceeding. each community. We did conclude, Channel 36 in Williamsport, Pennsyl The Veterans petition was denied “ * * * however, that certain considerations vania, 60'miles from Elmira; (4) WNOK- without prejudice to the Commission’s would have a bearing on our decisions in TV on Channel 38 in Sunbury, right to consider the contentions thereof the individual cities. We stated that Pennsylvania,. 85 miles from Elmira; in connection with the comments to be in markets with one or more commercial (5) WINR-TV on Channel 40 in Bing filed in [this proceeding]”. VHP channels, the merits of proposals hamton, New York, 46 miles from 5. Two parties have submitted coun to eliminate a VHP channel would de Elmira; (6) WTVU on Channel 44 in terproposals: pend, in large part, on such factors as: Scranton, Pennsylvania, 76 miles from (a) The American Broadcasting Com 1. Whether significant numbers of Elmira; and (7) WAZL-TV on Channel pany proposes adoption of the Commis people would lack sefviee as a result of 63 in Hazelton, Pennsylvania, 93 miles sion’s proposal and in addition asks .that the elimination of the VHF channel. from Elmira. Syracuse be assigned its third VHP 2. Whether one or more UHP stations Two pending applications for UHP channel, as follows: are operating in the area. stations on Channel 27 in Rochester, 3. Whether a reasonably high pro New York and on Channel 32 in Lock Channel No.. portion of the sets in use can receive Haven, Pennsylvania propose to serve City UHP signals. parts of the Elmira Channel 9 Grade B Present Proposed 4. Whether the terrain is reasonably service area. In addition, UHP channels favorable for UHP coverage. vare available in twelve cities within 80 5. Whether, taking into account all Elmira, N. Y______" 9,18, 24 18,24,30 miles of Elmira: Channel 33 at Batavia, Auburn, N. Y______37 the local circumstances, the elimination New York? Channel 72 at Cortland, New 3,8 3,7,9 of a VHP channel would be consistent Carthage-Watertown, N. Y ... 7 8 York; Channel 50 at Hornell, New York; with the objective of improving the op Channel 54 at Olean, New York; Chan portunities for effective competition nel 62 at Oneonta, New York; Channel (b) Daniel W. Casey, Sr., et al. d/b asamong a greater number of stations. 31 at Oswego, New York; Channel 70 the Syracuse Group, like' ABC, requests Similarly, we noted that the desirabil at Bradford, Pennsylvania; Channel 31 adoption of the Commission’s proposal ity of assigning additional VHP chan at Dubois, Pennsylvania; Channel 42 at and also the allocation of a third VHP nels to communities would depend Emporium, Pennsylvania; Channel 74 channel to Syracuse, but by different principally upon: at Lewiston, Pennsylvania; Channel 65 channel changes, as follows: 1. Whether it is possible to locate the at Shamokin, Pennsylvania, and Chan new transmitter so as to meet minimum nel 26 at Shinglehouse, Pennsylvania* Channel No. transmitter spacings. ' The only VHP station which puts a City 2. Whether, in cases where it is neces Grade B or stronger signal Into Elmira Present PropoSfed sary to move the channel from another is Station WNBF-TV on Channel 12, city, there is greater need for the chan Binghamton, New York, 45 miles from 9,18,24 18,24,30 nel in the area to which it is proposed Elmira. The other VHP stations which Auburn, N. Y______37 to be assigned. 3,8 3,9,13 serve parts of the area which would be Carthage-Watertown, N. Y .„ 7 8 3. Whether the addition of a new VHF served by a station on Channel 9 in Utlea-Rome, N. Y__ 13 7 assignment would be consistent with the Elmira are Stations WSYR-TV on objective of improving the opportunities Channel 3 and WHEN-TV on Channel 6. Comments have been filed by in for effective competition among a greater 8 in Syracuse, 75 miles from Elmira; terested parties: Central New York number of stations. Station WKTV on Channel 13 in Utica, Broadcasting Corporation (WSYE-TV) We must consider the various pro New York, 107 miles from Elmira; on Channel 18 in Elmira; WBRE-TV, posals and counterproposals relating to WROC-TV on Channel 5 and WVET- Inc. (WBRE-TV) on Channel 28 and Channels 7 and 9 in the light of these TV/WHEC-TV (share time) on Channel Wyoming Valley Broadcasting Company factors. -10 in Rochester, 84 miles from Elmira; (WILK-TV) on Channel 34 in Wilkes- 8. Elmira is in the midst of a predomiand WBEN-TV on Channel 4 in Buffalo, Barre, Pennsylvania; and the Joint nantly UHP area from the standpoint of 119 miles from Elmira. Council on Educational Television sup operating stations and channel assign 9. The UHP character of the Elmira port the proposal for the deletion on ments. Stations WSYE-TV on Channel area is further illustrated by the high Channel 9 from Elmira. WTVE, Inc. 18 and WTVE on Channel 24 are operat percentage of television stations in the (WTVE) on Channel 24 in Elmira, Vet ing in Elmira.1 In addition, four other area capable of receiving UHP trans erans Broadcasting Company, Inc., and UHP stations provide a Grade B or missions. The proponents of the Com Television Associates of Elmira, Inc., Stronger signal to parts of the area mission’s proposal assert that the Elmira applicants for VHF Channel 9 in Elmira, which would receive a Grade B signal area is now approximately 80 percent filed comments opposing the deinter from an Elmira Channel 9 station (as converted for UHP, and they predict mixture proposal. The American Broad suming 316 kw at 1,000 feet from a site that conversions in and near Elmira casting Company and Daniel W. Casey, in the center of Elmira): WARM-TV on should reach almost 100 percent by Sr., et al. d/b as the Syracuse Group Channel 16 and WGBI-TV on Channel March 1957. The record further dis filed comments favoring their respective 22 in Scranton, 76 miles from Elmira; closes that, as of September 1954, counterproposals. Reply eomments were and WBRE-TV on Channel 28 and Wilkes-Barre was virtually 100 percent submitted by WSYE-TV, WBRE-TV, WILK-TV on Channel 43 in Wilkes- converted to receive UHP signals and WILK-TV, WTVE, ABC, the Syracuse Barre, 75 miles from Elmira. There are Scranton was 85.7 percent converted. Group, Meredith Syracuse Television also seven authorized UHP stations The permittees of the UHP stations in Corporation (WHEN-TV) on Channel 8 which, if operated with the facilities Wilkes-Barre further assert that recent in Syracuse, the Brookway Company specified in their construction permits. listening surveys disclose that in all of (WCNY-TV) on Channel 7 in Carthage, the Pennsylvania counties which an and Mt. Washington Television, Inc. 1 The Commission was notified that on FebElmira Channel 9 operation would, serv (WNTV) on Channel 8 in Poland ruary 13, 1957, Station WTVE ceased opera ice, except three counties which are geo Springs, Maine. tions “after prolonged financial difficulties”. It is noted that WTVE, Inc., permittee of this graphically closer to Station WNBF-TV 7. We noted in our Report and Order, station, is an applicant for Channel 9 in in Binghamton than to Scranton or issued last June, outlining the proposals Elmira and filed comments and reply com Wilkes-Barre, UHP stations rank first in for interim action, that because of the ments in this proceeding opposing the de p o p u la rity and receptivity. These widely varying circumstances in individ intermixture proposal. Wilkes-Barre operators thus reason that Friday, March 8, 1957 FEDERAL REGISTER 1505 XJHP conversion is high in each of these that the prediction of the Channel 9 ap-_ the competitive situation. The assign northern Pennsylvania counties. plicants that adoption of the Commis ment of a third UHF channel to Elmira 10. The record indicates that the ter sion’s proposal might create a substantial will enhance the possibility of more rain in the Elmira area is generally “white area” fails to take into account effective competition among stations in, rough and irregular, the elevation of specific plans for the improvement of the market. Deintermixture, we feel, area within ten miles of Elmira varying existing facilities and the activation of would remove any artificial restraint on. between 800 feet and 1,900 feet above outstanding UHF construction permits. the establishment of a third local station, mean sea level with narrow valleys and The proponents of the Commission’s pro-, and the number of stations would be de sharp mountain peaks. While even the posai argue that the possibility of Chan termined solely by what the traffic can proponents of the Commission’s pro nel 9 being permanently assigned to El bear. We find, therefore, that the de posal concede that the Elmira area is mira has served as the chief deterrent to letion of VHF Channel 9 from Elmira hilly and mountainous, they argue that the improvement of the facilities of UHF and the substitution therefor of UHF the general public acceptance of UHF stations in the arèa, and that the dele Channel 30 will further our interim ob stations in the area, particularly the four tion of Channel 9 will presage continu jective of improving the opportunities in Wilkes-Barre’and Scranton, demon ing improvements in the effective serv for effective competition among a greater strates the fact that UHF stations can ice of the UHF. number of stations. and do render satisfactory service in 15. Since any computation of the area 17. The Channel 9 applicants assert spite of the terrain. and population that might lose potential that Station WTVE on UHF Channel 24 11. No viewers will lose an existing service by the deletion of Channel 9 from in Elmira has not been successful finan service by virtue of the deletion of Chan Elmira must be necessity be grounded cially and will be unable to continue long nel 9 from Elmira, since a station is not on so many variables and assumptions, the operation of its UHF station,2 and presently operating on this frequency. including heights and powers to be em that if Elmira is to continue to have local However, the question is posed whether ployed in the future and additional sta television service, it must be on VHF.3 any areas that might receive service from tions that might take the air, no precise The proponents of the Commission’s pro a Channel 9 station in Elmira would get computations can be made. And the posal assert, in answer to this prediction no service from any other station, i.^e., problem is made more complex by the of the demise of WTVE on Channel 24, whether deletion of Channel 9 will re fact that the propagation curves pres that since the permittee of that station sult in a “white area.” ently available and known methods of is one of those championing the retention 1*2. The proponents of the Commis computation do not lend themselves £o of Channel 9 and is an applicant for that sion’s proposal calculated and compared precise determinations of coverage at channel, WTVE has deliberately been the Grade B contours of a VHP station specific locations. This wide latitude in operated on a limited basis without any on Channel 9 in Elmira with maximum computing coverage is demonstrated by vigorous or enthusiastic effort to demon facilities and of a UHF station in Elmira the estimates in the record as to poten strate that UHF operation in Elmira can on Channel 30 with 1,000 kw of power tial “white areas” from 539 persons (area be successful. The parties favoring de and a tower 1,000 feet above average ter not given) to an area of 1,413 square intermixture further predict that if, after rain. Both stations were assumed to be miles containing 30,681 persons. We be the deletion of Channel 9, WTVE, Inc., located in the center of Elmira. This lieve the record supports the conclusion should surrender its authorization for study shows that only 539 persons who that no significant number of persons Channel 24, other applicants will come would receive a Grade B signal from the will lose their only service if Channel 7 forward who will wish to operate on both Channel 9 station would not receive a is deleted. Channels 24 and 30 in Elmira. Grade B signal from the Channel 30 16. Elmira, with a population of 49,716, 18. In addition to the benefits falling to station or from any existing pr author has been allocated three commercial the Elmira market by virtue of deinter ized station. These parties th(js conclude channels, VHF Channel 9 and UHF mixture, Channel 9 "can be released for that only an insignificant number of Channels 18 and 24. Stations are oper assignment in another community where, people would lack service if* Channel 30 ating on thè UHF channels, and the in light of local circumstances, the addi is substituted for Channel 9 at Elmira. purpose of this proceeding is to deter tion of a VHF outlet might improve the 13. The Elmira Channel'9 applicants mine whèther a station should be per competitive television situation. Both submitted an engineering study made in mitted to operate on the VHF channel. the American Broadcasting Company accordance with the Commission’s rules. The parties urging deintermixture con and Daniel W. Casey, Sr., et al. d/b as This study shows that a “white area” i. e., tend that Elmira and the region sur the Syracuse Group have submitted an area with no Grade B television serv rounding it is an overwhelmingly UHF counterproposals asking that Channel 9 ice, of 112 square-fiiiles (population not area at the present time and should be be deleted from Elmira and that a third given) would result from the substitution allowed to remain so; that experience in VHF Channel be allocated to Syracuse. of Channel 30 for Channel 9 at Elmira if Elmira proves that UHF can be success Various VHF channel shifts are proposed maximum facilities are assumed for the ful and can receive community accept in each of these counterproposals. Hence, Channel 9 operation, if a power of 1,000 ance in a deintermixed market ; that the we must next determine whether these kw and 1,000 foot antenna are assumed area will enjoy a significantly greater counterproposals would meet the tech for the Channel 30 operation, and if all availability and choice of services if nical allocation requirements of our authorized stations are considered as if UHF is permitted to survive than if they were operating with the facilities Channel 9 forces multiple existing UHF 2 WTVE has recently signed off the air. specified in their construction permits. stations off the air; and that an opera See footnote 1, supra. The Channel 9 applicants further assert tion on Channel 9 in Elmira may effec 8 The Channel 9 applicants assert that that if the Commission’s proposal is widespread opposition by the public in the tively preclude UHF operations in both Elmira area to the proposal to delete Channel adopted and a Channel 30 station does Elmira and Binghamton, as well as prov 9 has been demonstrated by the large number not operate with 1,000 kw of power and ing substantially detrimental to the de of communications to this effect which the with a-T,000 foot tower, the “white area” velopment of UHF service throughout Commission has received from local com be between 112 square miles and southern New York and north-central mercial establishments, agricultural, educa j>37 square miles (population not given), Pennsylvania. Our experience in other tional, health and fraternal organizations, depending upon the magnitude of the markets has demonstrated that the es civic, religious and government groups and Channel 3p facilities. These applicants individuals. The proponents of the Com tablishment of a VHF station in a UHF mission’s proposal reply to this contention further state that the adoption of the market such as Elmira generally seri by arguing that no demonstration has been Commission’s proposal would result in ously affects, if not cripples, the ability made that the groups and individuals who the creation of a “white area” of 1,413 of the UHF stations to render service. have sent communications to the Commis square miles and a population of 30,681 And since additional VHF channels can sion favoring the retention of Channel 9 i only presently operating stations are not be assigned to Elmira under present were objectively informed about the numer »jmsidered and if it is assumed that a allocation standards, the failure of UHF ous complex factors involved in this proceed station on Channel 30 would operate ing, and that the Elmira group who would mean that Elmira and the sur sparkplugged this writing campaign, the with low power and moderate tower rounding area might be forced to depend «eight. “keep Channel 9 Committee”, was dominated! ón a single VHF station for local service. (4 out of 5 members) by representatives of : 14. The proponents of the proposal to This possibility can be obviated by elimi the applicants for Channel 9 and hence was: eiete Channel 9 from Elmira contend nating the VHF channel and equalizing a highly partisan group. 1506 RULES AND REGULATIONS rules. The ABC counterproposal to add nels allocated, no UHF stations and vir tuting therefor UHF Channel 30, in a third VHF channel to Syracuse by mov tually no receivers equipped to receive accordance with the Commission’s pro ing Channel 9 from Elmira to Syracuse, UHF in the Syracuse area. ABC alleges posal. The Elmira area is predominantly by substituting Channel 7 for Channel 8 that it has been unable to obtain a pri UHF; the terrain, while not the best for in Syracuse and by substituting Channel mary affiliation with either of the Syra UHF propagation, Js not so severe that 8 for Channel 7 in Carthage admittedly cuse VHF stations and as a result has UHF cannot serve the area; the vast involves substandard mileage separa been severely handicapped in this, the majority of sets are equipped for UHF, tions. Under the ABC counterproposal 52nd market in the country. The Syra a number of UHF stations in the area aré the Channel 7 facility at Syracuse would cuse Group contends that the two Syra providing service to the public, an addi be only 125 miles from the co-channel cuse VHF stations serve an area contain tional UHF channel in the lower portion assignment at Buffalo, New York. We ing approximately 2,500,000 persons and of the spectrum (Channel 30) is avail believe that this counterproposal should a market with industrial retail sales of able to replace Channel 9, and significant be rejected. It is our view that opera almost 3 billion dollars; and that, since populations would not be without service tions at substandard spacings should not both of the existing stations carry heavy if it is deleted. We are confident, there be utilized at this time. See Memoran network schedules, it is-pnysically impos fore, that UHF can provide satisfactory dum Opinion and Order of December 19, sible for them to present to viewers in service to Elmira. 1956 (released December 27, 1956) in the area the variety of programs avail 25. This proposal must be examined in Docket No. 11532 (FCC 56-1269). able from the 3 major networks, film the light of our objective of improving 19. The Syracuse Group’s counter networks, independent film producers the opportunity for more effective com proposal to allocate a third VHP channel v and distributors, and from local talent petition among a greater number of sta to Syracuse by changing VHP assign sources. tions. This can be achieved by substi ments in that city and in Carthage and 22. The opponents of the ABC and tuting UHF Channel 30 for VHF Chan Utica-Rome, New York (see paragraph Syracuse Group counterproposals allege nel 9 in Elmira. The advent of a VHF 5, supra, for channel shifts) would meet that it is unrealistic to consider Syracuse station will, in all likelihood, result in all minimum mileage separation require as if it were an isolated market; that the less effective competition among fewer ments of our rules. Nevertheless, Mere cities of Syracuse, Utica and Rome are stations. We believe that the action we dith Syracuse Television Corporation, closely linked together geographicallys are now taking carries out the mandate operator of Station WHEN-TV on Chan and culturally; and that within the of section 307 (b) of the Communica nel 8 in Syracuse; the Brockway Com Syracuse-Utica-Rome area are 3 VHF tions Act, because it will result in the pany, licensee of Station WCNY-TV on stations; the 2 in Syracuse plus Station assignment of frequencies so as to pro Channel 7 in Carthage, New York; and WKTV on Channel 13 in Utica. These vide a more fair, ¡efficient and equitable Mt. Washington, TV, Ind, licensee of opponents argue that Station WKTV is distribution of television service in the Station WMTV on Channel 8 in Poland now received in parts of Syracuse, and Elmira area, and will increase the like Springs, Maine,' oppose the Syracuse could easily render good service to all of lihood of more TV service and more local Group’s counterproposal, alleging that Syracuse with the use of fairly simple TV outlets in that city and surrounding the channel shifts required by it would receiving antennas if the station were to areas. It should be emphasized that in result in destructive interference to sub go to maximum authorized power. deleting Channel 9 from Elmira our pri stantial portions of their service areas, Meredith Syracuse Television Corpora mary purpose is not to ensure the profit as well as to other co-channel and ad tion (WHEN-TV) asserts that the coun able operation of particular UHF li jacent channel stations. Section 3.612 terproposals should also be denied be censees. Rather, we wish to ensure more of our rules expressly states that tele cause of the substantial adverse effect effective competition among a greater vision stations are not protected from upon competition which would result in number of stations in order that the pub any interference which may be caused by the Syracuse-Utica-Rome area. This lic in Elmira and the surrounding area the grant of a new station in full compli would be caused, Meredith claims, will be afforded more and better televi ance with all of the Commission’s allo because of adjacent channel interference sion service. cation requirements. The nature and limiting Station WHEN-TV’s service on „ 26. We do not believe that any action extent of the protection from inter Channel 9 and because any station on should be taken in this proceeding on ference accorded to stations is limited Channel 7 in Syracuse would be subject the counterproposals to allocate an addi solely to the protection resulting from to severe restrictions on height and tional VHF channel to Syracuse. The the minimum assignment and station power, while the existing station on action we are now taking does not rule separation requirements and the rules Channel 3 (WSYR-TV) would continue out these proposals; contrarily, it makes relating to maximum powers and an to enjoy its inherent advantages of low VHF Channel 9 available for assignment tenna heights. The contentions of channel operation. Meredith further to some already predominantly VHF WHEN-TVy WCNY-TV and WMTV are asserts that Syracuse should not be market, be it Syracuse or some other. therefore without merit. awarded a third VHF channel when The Report and Order in the Albany- 20. The counterproposal of the Syra other larger metropolitan areas, such as Schenectady-Troy-Vail Mills, New York, cuse Group, while meeting the Commis Rochester and Albany-Schenectady- deintermixture proceeding (Docket No. sion’s mileage separation requirements, Troy, have only two each. 11751), which is being issued concur might not prove satisfactory to Canada. 23. In reply to these contentions the rently with this decision, indicates that With Channel 9 in Syracuse, there would Syracuse Group states that there is no the Commission, on the basis of informa be a‘co-channel separation of but 169.53 support for Meredith’s classification of tion now before it, believes that a more miles with Station CBOFT, Ottawa, On Syracuse-Utica-Rome as one market; satisfactory way to bring a third VHF tario, and but 171.87 miles with Station t^iat neither the Commission, recognized channel to Syracuse would be to shift CBLT, Toronto, Ontario.* marketing publications nor national Channel 6 from , Albany-Schenectady- 21. ABC and the Syracuse Group con time-buyers consider this as a single Troy to Syracuse. tend that there is substantial need for a market; and that neither Syracuse sta 27. Authority for the adoption of the third VHF channel in Syracuse, since tion provides Grade A service to Utica amendments is contained in sections 1, there are two operating VHF stations nor does the Utica station provide Grade 4 (i) and (j), 301, 303 (a), (b), (c), (d), (WSYR-TV on Channel 3 and WHEN- A service to Syracuse^ (e), (f), (g), (h) and (r) and 307 (b) of TV on Channel 8), no other VHF chan- 24. We have reviewed the record in the Communications Act of 1934, as this proceeding with a view to the factors amended, and section 4 of the Adminis * In accordance with Section H of the listed in our Report and Order of June trative Procedure Act. Canadian-United States Television Agree 26, 1956, and conclude that the public 28. In jview of the foregoing: It is ment (TIAS 2594), all changes in the Table ordered, That effective April 15, 1951, of Assignments in communities within 250 interest would be served by deleting VHF Channel 9 from Elmira and by substi- the Table of Assignments contained in miles of the United States-Canadian border § 3.606, of the Commission’s rules and are effected by a procedure of notification with the Canadian Government having the I 6 Syracuse is about 45 miles from Utica and regulations is amended, insofar as the opportunity to object to the proposed 35 miles from Rome, while Utica and Rome communities named are concerned, as changes. are approximately 14 miles apart. follows; Friday, March 8, 1957 FEDERAL REGISTER 1507
Amend to read : 4. The following counterproposals position to S. H. Patterson’s counter have been submitted by interested proposal for San Francisco and Capital City Channel No. parties: City TV Corporation (KCCC) on UHF (a) Bakersfield Broadcasting Com Channel 40 in Sacramento, and Sacra V 18+, 24-, 30 pany (KBAK-TV) on UHF Channel 29 mento Telecasters, Inc. (KBET-TV) on in Bakersfield, California, proposes that VHF Channel 10 in Sacramento, filed Channel 12 be shifted from Fresno to oppositions to Capitol Radio Enterprises’ (Sec. 4, 48 Stat. 1066 as amended; 47 U. S. C. Bakersfield instead of Santa Barbara. proposal for Sacramento. California 154 Interprets or applies secs. 301, 303, 307, (b) American Broadcasting Company Inland Broadcasting Company (KFRE- 48 Stat. 1081, 1082, 1083; 47 ü. S. C. 301, 303, also suggests that Channel 12 be shifted TV) on Channel 12 in Fresno; KARM, 307.) from Fresno to Bakersfield but urges, in The George Harm Station, unsuccessful Adopted: February 26, 1957. addition, that Channel 8 also be assigned applicant for Channel 12.in Fresno; and Released: March 1, 1957. to Bakersfield. Inland Broadcasting Corporation oppose (c> Fred M. Hall, Sidney M. Held and the deletion of Channel 12 from Fresno. F ederal Communications Carroll R. Hauser propose that Channel Reply comments were filed by McClatchy Commission,® 12 be shifted from Fresno to Ventura, (KMJ-TV), O’Neill (KJEO), Channel [seal] Mary Jane Morris, California instead of Santa Barbara. City, California Inland (KFRE-TV)', Secretary. (d) S. H. Patterson (KSAN-TV) on Bakersfield Broadcasting (KBAK-TV), [F. R. Doc. 57-1734; Piled, Mar. 7, 1957; Channel 32 in San Francisco urges that and ABC. KTTV, Inc. (KTTV) on 8:45 a. m.] in addition to the Commission’s pro Channel 11 in Los Angeles, and Santa posal, Channel 11 should be assigned to Barbara Broadcasting and Television San Francisco by substituting Channel Corporation (KEYT) on Channel 3 in [Docket No. 11759; FCC 57-185] 12 for Channel 11 in San Jose, Cali Santa Barbara, filed Replies opposing [Rules Arndt. 3-57] fornia.1 the proposal of Inland Broadcasting for (e) Capitol Radio Enterprises Riverside-San Bernardino.6 Part 3—R adio Broadcast Services (KGMS-TV), permittee of UHF Chan 6. We noted in our Report and Order TABLE OF ASSIGNMENTS; TELEVISION nel 46 in Sacramento, filed a separate issued last June, outlying the proposals BROADCAST STATIONS petition on August 27, 1956, which pro for interim action, that because of the widely varying circumstances in individ In the matter of amendment of § 3.606, poses that Channel 12 be assigned to Sacramento by substituting Channel 11 ual markets, as well as the numerous Table of Assignments, Television Broad factors bearing on the choice of tech cast Stations (Fresno-Sarita Barbara, for Channel 12 in Chico, California, and Channel 8 for Channel 11 in Yreka, niques in any individual community or California). area, it would not be possible to formu 1. The Commission has before it for California.* (f) Tnland Broadcasting Corporation, late rigid criteria to indicate the course consideration the proposal set out. in that would best serve the public interest its Notice of Proposed Rule Making Riverside, California, filed a pleading urging that Channel 12 remain in Fresno for each community. We did conclude, (FCC 56-600) released in this proceed however, that certain considerations ing on June 26, 1956, for the realloca in order that Channel 12 can be shifted from Tijuana, Mexico, to Riverside or would have a bearing on our decisions tion of television channels in the Fresno in the individual cities. We explained and Santa Barbara areas. . San Bernardino, California, if current private negotiations with Mexican offi that in markets with one or more com 2. Last June the Commission issued mercial VHF channels, the merits of a Report and Order (FCC 56-587) in the cials for changing the assignments are successful. proposals to eliminate a VHF channel general television allocation proceeding would depend, in large part, on such in Docket No. 11532, outlining a long- 5, Comments have been filed by inter ested parties: McClatchy Broadcasting factors as: range program designed to improve the (a) Whether significant numbers of television allocation structure. How (KMJ-TV) on UHF Channel 24 in Fresno; O’Neill Broadcasting Company people would lack service as a result of ever,, since it will be some years before the elimination of the VHF channel. this long-range program can be fully (KJEO) on UHF Channel 47 in Fresno; UHF Telecasting Corporation (KWG) (b) Whether one or more UHF sta implemented, consideration was also tions áre operating in the area. given to what action might be taken in on UHF Channel 27 in Tulare, Cali the interim to improve the opportunities fornia; Channel City Television and Broadcasting Corporation, Santa Bar *In addition, the following groups filed for effective competition among a oppositions to the deletion of Channel 12 greater number of stations in individual bara, California; and Joint Council on from Fresno: Boarçl of Supervisors of the communities. In furtherance of this in Educational Television support the Com County of Fresno; PTesno County and City terim program, rule making proceedings, mission’s proposal for shifting Channel Chamber of Commerce; Mt. Whitney Lum such as the instant one, have been ini 12 from Fresno to Santa Barbara.4 ber Company “on behalf of the people of tiated proposing changes in channel Comments .supporting their various Johnsondale, California”; Board of Super assignments for several communities counterproposals listed above were filed visors of Madera County; Superintendent of throughout the country. by Bakersfield Broadcasting Company Mariposa County Unified School District; 3. The Commission in this proceeding (KBAK-TV), ABC, Fred M. Hall et al., District Superintendent of Porterville Union has proposed to make Fresno an all- S. H. Patterson (KSAN> and Inland High School and College; Lone Pine, Cali UHF community by adding UFH Chan Broadcasting Corporation. Standard fornia Lions Club; Lone Pine, California nel 30 and shifting VHF Chaiinel 12 to Radio and Television Company (KNTV) Chamber of Commerce; Board of Supervisors Santa Barbara, as follows: 1 on Channel 11 in San Jose, filed an op- of Mariposa County; Commission of the City of Fresno; Kings County Farm Bureau of Channel No. * On October 10, 1956, S. H. Patterson Women; President of California Farm Bu C ity filed a separate petition advancing an al reau Federation; Comments signed by 102 residents of Coarsegold, California, and its Present Proposed ternative plan for assigning an additional VHF channel, Channel 13, to San Francisco environs; Board of Directors of Tulare by substituting UHF Channel 19 for VHF County Farm'Bureau; Comments signed by Fresno.___ 12+,*18-,24, *18-, 24, 3C+, Channel 6, which is reserved for education 47, 53. 47, 53. 49 residents of Mariposa County; Comments M adera. 30+ __ 59. in Sacramento, and substituting Channel 6 signed by 81 residents in and near Auberry Santa Barbara. 3—,20,26 ...... 3—,12+, 20, 26. for Channel 13 in Stockton, California. and .Big Creek, Calif.; Board of Directors o f — 3 In Docket No. 11795 the Commission sub the Downtown Association of Fresno; Fresno stituted Channel 19 for Channel 11 in ’Reserved for education. Yreka. County Farm Bureau; Mariposa County 4 The following parties filed letters sup Farm Bureau; Kings County Farm Bureau; 1 The offset carrier designations wer< porting the assignment of Channel 12 to Mariposa County Chamber of Commerce; Rsted in a Notice of Further Proposed Rul< Petition signed by 13 residents of Mariposa, (FCC 56-821) released September 5 Santa Barbara; Board of Supervisors, Santa «56, in the several reallocation proceedings Barbara County; Santa Barbara Chamber of California; Tulare County Cattlemen’s Asso Commissioner Doerfer dissenting; Com' Commerce; Santa Barbara City Schools; ciation; Petition signed by 37 residents of missioner Mack dissenting and Issuing 5 Santa Barbara County Superintendent of Bass Lake Area of Madera County, and Peti statement filed as part of original docn Schools and Santa Barbara Community tion signed by 234 residents of the Three ment. Chest. • Rivers, California, region. 1508 RULES AND REGULATIONS
(c) Whether a reasonably high pro and KSBW-TV at Salinas, both over 100 a mile apart and are situated at approx portion of the sets in use can receive miles from Fresno. Other than KFRE- imately the same elevation, about 4,000 UHF signals. TV, no other Grade B or better VHF feet above the valley floor. The meas (d) Whether the terrain is reasonably service is provided to the City of Fresno urements, made along four radials, favorable for UHF coverage. or to the greater part of the surrounding indicate the-following: (e) Whether, taking into account all area. UHF Stations KMJ-TV on Chan the local circumstances, the elimination nel 24 and KJEO on Channel 47 have Measured distances to of a VHF channel would be consistent been on the air in Fresno since 1953; and Grade A contour with the objective of improving the op Station KW G operates on Channel 27 in s, Radial portunities for effective competition Tulare, California, some 47 miles from Channel 12 Channel 47 among a greater number of stations. Fresno, serving the City of Fresno and (316 kw) (440 kw)1 7. Similarly, we noted that the desir much of the area with a Grade A signal. ability of assigning additional VHF Station KBID-TV operated in Fresno on Mile» Mile» 175° .... _ .... 88 77 channels to communities would depend Channel 53 for a short period during ans® ..... ' 90 95 principally upon: 285° ______. _ 95 1954, but is now off the air. Station 200°...... 90 (a) Whether it is possible to locate KTRB-TV is authorized to operate on 78 77 the new transmitter so as to meet the Channel 14 in Modesto, California, about 1 This is the maximum power in the main lobe, not minimum transmitter spacings. 90 miles from Fresno, but has never been RMS power. (b) Whether, in cases where it is nec on the air. In addition, UHF channels essary to move the channel from another are assigned to a number of communi 14. The UHF stations contend, on the city, there is greater need for the channel ties in the general area: Madera, 18 basis of their survey, that all of the in the area to which it is proposed to be miles from Fresno; Visalia, 40 miles; Fresno trading and market area is now assigned. Merced, 50 miles; Delano, 72 miles and served by UHF with a Grade A or better (c) Whether the addition of a new Bishop, 85 miles. signal and submit that no “white area” VHF assignment would be consistent 10. The UHF stations in Fresno went would result from the deletion of Chan with the objectives of improving the op on the air several years before KFRE- nel 12. They maintain that the only portunities for effective competition TV, the lone VHF station; and virtually areas served by the Fresno VHF station among a greater number of stations. all of the television sets in Fresno and and not served by the Fresno UHF sta 8. We must consider the various pro- the Fresno Standard Metropolitan Area tions are either in rugged, sparsely settled posalf to delete VHF Channel 12 from are capable of receiving UHF transmis mountainous regions or in localities Fresno and to assign this frequency sions. The UHF conversion rate for the which receive better service from other elsewhere in the light of these factors. nearby Counties of Kern, Kings, Madera, stations closer to them. They also point Fresno ranks as the 65th standard me Merced and Tulare is also very high. out that the field strength survey was tropolitan area with a 1950 population 11. The Central Valley of California is made with VHF Station KFRE-TV oper of over 275,000. The city population is an area of level terrain, some 250 miles ating at maximum power (316 kw) while over 90,000. Four commercial channels, long and averaging 45 miles wide, sur UHF station KJEO was operating vpth VHF Channel 12 and UHF Channels 24, rounded by high mountain ranges. The only 440 kw, about 10 percent of tlie 5 47 and 53 are allocated, and UHF Chan City of Fresnor is situated in the San megawatt maximum now permitted by nel 18 is reserved for education. Sta Joaquin Valley, which comprises the the rules. tions have been operating on UHF southern portion of the Central Valley. 15. In this connection, the two Fresno Channels 24 and 47 for several years, Two parallel ranges of mountains, one UHF stations and KW G in Tulare have and a station operated on Channel 53 to the east and one to the west, and a represented that they will seek higher for a short period but is now off the air. third range to the south, border the San power if Channel \2 is deleted from Station KFRE-TV went on the air on Joaquin Valley. The Valley floor is Fresno.78 An engineering study based on Channel 12 last May.8 The purpose of essentially flat and devoid of natural for the rules indicates that these three UHF this proceeding is to determine whether mations which might impede UHF prop stations operating with powers of 1,000 the VHF station should be switched to agation, and the great bulk of the kw at their present antenna heights, UHF and Fresno made an all-UHF com population in the area reside in the many would place a Grade A signal over the munity, i. e., whether taking into account communities dotting the Valley. The tall entire San Joaquin Valley, where about all of the local circumstances in Fresno, mountains close to the Valley floor offer 95 percent of the- population served by the elimination of Channel 12 would excellent television transmitter sites Channel 12 is concentrated, and a Grade improve the opportunities for effective which keep shadowing effects to a min B signal over almost all of the area now competition among a greater number of receiving Grade B service from Chan stations. imum.7 We find, in view of these cir cumstances, that the terrain in the nel 12. The study, as conducted by the 9. Despite the fact that Station Fresno area is well suited for UHF UHF stations, further indicates that if KFRE-TV has been Operating on VHF transmissions, and we are confident that the three UHF stations operate with Channel 12 since- last May, the Fresno UHF can provide good television to the maximum power of 5 megawatts at their area is predominantly UHF. KFRE-TV great majority of the people in the present antenna heights, Grade B sig is the only VHF station in a wide area, Fresno area. nals would be placed over all of the area the closest other VHF stations being 12. We mu3t consider whether the now receiving Grade B service from KERO-TV at Bakersfield (Channel 10) deletion of Channel 12 from Fresno KFRE-TV; and that if KFRE-TV oper would mean that some areas and per ates with 5 megawatts on UHF Channel 6 On January4 2 , 1956, the Commission re 30 rather than Channel 12, it would pro leased a Memorandum Opinion and Order sons served by VHF Station KFRE-TV in the adjudicatory proceeding involving would not get service from any other vide a Grade B signal to 23,500 square Channel i2 in Fresno (Docket No. 9050) station, i. e., whether deletion of Chan miles, including all of the 19,000 square denying a petition of O’Neill-Broadcasting nel 12 would result in “white area”. miles within its present Grade B contour.’ Company requesting that final action in the 13. The UHF stations urging deinter adjudicatory proceeding he held in abeyance mixture conducted a terrain and field • 7* O’Neill Broadcasting Company (KJED, until after final determination of all matters intensity survey of the existing operation Channel 47) recently filed an application for pending before the Commission involving re of VHF Station KFRE-TV on Channel a change in transmitter, antenna and*power. assignment of Channel 12. In this Memoran The application would increase the average dum Opinion and Order the Commission re 12 and UHF Station KJEO on Channel power from 178 kw to 380 kw and the proposed ferred to its Memorandum Opinion and Order 47 in Fresno. The transmitters of the substitution of a directional antenna for the and Decision, In re Application of Gulf Coast two stations are only about a quarter of present antenna would provide a maximum Broadcasting Company (Docket No. 11559) power of 546 kw in two directions. adopted December 7,1955. In that document 7 The transmitter of UHF Station KJEO * The UHF stations also prepared an en the Commission noted that the issuance of a Is on a mountain some 4,400 feet above gineering study based on the methods pre construction permit cannot operate to negate Fresno, and the site of UHF Station KMJ-TV scribed in the rules, using present sites, its rule making power should it subsequently is on another mountain 3,316 feet above power and tower heights, which concluded be determined that it is in the public interest Fresno. The transmitter- of KWG, the that only 37 persons would receive no service to order a station to operate on another Tulare UHF station, is 4,700 feet above the if Channel 12 is deleted and 2,810 persons channel. Valley floor. would receive only one service.
/ Friday, March 8, 1957 FEDERAL REGISTER 1509
16. The opponents of deintermixture seriously affected the ability of the UHF Channel 12 from Fresno and substituting contend, but make no engineering show stations to provide service in the area. UHF Channel 30 will serve the public in ing, that an increase to maximum power They allege that their experience since terest by furthering our interim objec by the Fresno and Tulare UHF stations Stations KFRE-TV began operating on tive of improving the opportunity for would not eliminate heavy shadowing in Channel 12 makes it apparent that UHF effective competition among a greater the mountainous regions which, they stations cannot compete on an equitable number of stations. claim, comprise approximately 50% of basis with a VHF station in the Fresno 22. In addition to the benefits falling KFRE-TV’s Grade B service area. They market. Time-buyer resistance to UHF, to Fresno by virtue of deintermixture, urge that “thousands” of people living they state, has been an almost insur Channel 12 can be released for assign within this mountainous area would be mountable obstacle when the VHF sta ment in another community or com deprived of their only television service tion enters the picture; and they sub munities where, in light of the prevailing if Channel 12 is deleted. mit that if Fresno is not deintermixed circumstances, the addition of a VHF 17. A number of comments were sub by deleting Channel 12, some or even all outlet would be likely to improve the mitted by various groups and organiza of the UHF stations in the Valley may television situation. The Commission tions in the outlying sectors of the succumb. But if the Fresno area is made has proposed that Channel 12 be shifted Fresno area opposing the deletion of all UHF, they assert that the public to Santa Barbara as a second VHF out Channel 12. These parties assert that would enjoy a significantly greater choice let. However, if Channel 12 is deleted prior to the advent Of KFRE-TV on of services.9 from Fresno, it can be assigned to any Channel 12, many persons in the moun 20. KFRE-TV argues that Fresno is one of several cities to the south of tainous areas to the east and west of the entitled to a first VHF service since other Fresno and in addition, to any one of at Central Valley and others in small com cities in California of similar size and least two cities to the north of Fresno; munities, farms and ranches nesting in economic importance have one or more and, as noted above, several counterpro foothills between ranges, were unable to VHF outlets. Confining Fresno to the posals have been advanced suggesting obtain television service, but are now inferior UHF, they maintain, would dis various plans for the use of Channel 12 able to receive KFRE-TV with reason criminate against Fresno and place it upon its deletion from Fresno.1* able clarity. They argue that if this at a serious disadvantage. They submit 23. We shall first discuss proposals for channel is removed, their only satisfac that it would impair the ability of a tele employing Channel 12 south of Fresno. tory service will be lost. The UHF sta vision station in Fresno to reach remote As noted, the Commission is proposing to tions contend, on the other hand, that rural areas whose economic, social and shift Channel 12 to Santa Barbara; the Fresno and Tulare UHF stations, cultural interests are tied to Fresno. Bakersfield Broadcasting Company and operating with maximum power, would They contend that, Tnoreover, effective American Broadcasting Company11 pro provide service to as much of the moun deintermixture cannot be achieved in the pose that Channel 12 be shifted to tainous area as does KFRE-TV; and area since a great portion of the area is Bakersfield; and Fred M. Hall et al. pro KJEO represents that if, contrary to already blanketed by VHF signals from pose that ChannelT2 be shifted to Ven- its prediction, the increase in powers of other cities. Finally, the opponents of -tura. These three proposals—Santa the Fresno and Tulare UHF stations do deintermixture submit that UHF stations Barbara, Bakersfield, and Ventura—are Jiot entirely eliminate any “white areas” in Fresno can compete with at least one mutually exclusive since the frequency in the mountain regions resulting from VHF station because the market is large cair be assigned to only one of the cities deletion of Channel 12, it will provide and independent enough to support more in compliance with minimum spacings. translator or satellite service to any than one station. 24. We must determine at the outset areas where such service would be 21. Our experience in other markets whether Channel 12 in Santa Barbara, justified.. has demonstrated that the establishment Bakersfield, or Ventura would meet the 18. Any computation of the area and of a VHF station in a UHF market such technical allocation requirements. The population that might losé service by as Fresno generally seriously affects the record indicates that Channel 12 can be the deletion of Channel 12 from Fresno ability of the UHF stations to continue to allocated to Santa Barbara in accord must be grounded on so many variables render service to the public. Since addi ance with minimum spacing require and assumptions, such as powers and tional VHF channels cannot be assigned ments. However, since Santa Barbara heights to be employed in the future and to Fresno under existing allocation is within 250 miles of the United States- additional stations that might take the standards, the demise of UHF would Mexican Border, Mexico must be con air, that no precise computations are mean that the Fresno area might be sulted with respect to any reassignment feasible. Moreover, the problem is made forced to depend on a single VHF sta more complex by the fact that the prop tion for local service. This possibility 10 Inland Broadcasting Corporation sub agation curves presently available and can be obviated by eliminating the VHF mitted a document in the proceeding assert known methods of computation do not channel and thus~equalizing the com ing that ft proposes to employ Channel 12 lend themselves to precise determina petitive situation. The assignment of a in the Riverside-San Bernardino area if fourth UHF channel to Fresno in place this frequency can be shifted from Tijuana. tions of coverage at specific locations. Inland explains that it has begun private ne Nevertheless, we believe the record sup of VHF Channel 12, we believe, will en hance the possibility of more effective gotiations with Mexican officials looking ports the basis for concluding that it is toward the reassignment of this channel, and not likely that a significant number of competition among the stations in the requests that the Commission not assign persons will lose their only service if area as well as the networks. Such de Channel 12 to any community that would Channel 12 is deleted. The UHF sta intermixture would remove any artificial preclude the use of this frequency in River tions in the Fresno area are presently restraint on the establishment of addi side-San Bernardino. KTTV, Inc. (KTTV) tional local stations: the number of sta on Channel 11 in Los Angeles and Santa Bar providing good television service over bara Broadcasting and Television Corpora a wide area and have represented to the tions would be determined solely by what tion (KEYT) on Channel 3 in Santa Barbara Commission that their facilities will be the Fresno market can support. We oppose Inland’s request. The Commission improved if Channel 12 is deleted. We therefore believe that deleting VHF presently has no negotiations underway with are confident, therefore, that deletion Mexico concerning the reallocation of chan of Channel 12 will not result in the crea 9 UHP Station KJEO asserts that .sincenels in Tijuana. We do not. believe that it tion of any significant “white area.” KFRE-TV went on the air on Channel 12, it would be appropriate to withhold action in has not only lost its CBS affiliation to the this proceeding on the speculative and un 19. The UHF stations submit that the certain basis of private negotiations designed San Joaquin Valley is presently being VHF station but has also lost some $17,000 in monthly business from 24 national and to rework television allocations in Mexico. well served by the two UHF stations in local accounts. KFRE-TV contends, oh the The request of Inland Broadcasting Corpora Fresno and the UHF station in Tulare, other hand, that during December 1956 tion is therefore rejected. and maintain that the area can well sup KJEO had more sponsored half-hour regional 11 ABC suggests that Channel 8 be assigned and national spot programs that KMJ-TV to Bakersfield as weU as Channel 12. How port a third Fresno UHF outlet. They ever, Channel 8 cannot be assigned to urge that if all of the stations in the and KFRE-TV combined; that Station KMJ- TV has carried about the same number of Bakersfield in accordance with present mini area operate in the UHF band, all will half-hour national and regional spot pro mum spacing requirements, and this pro have an equal chance of surviving, but grams as has KFRE-TV; and that KMJ-TV posal must therefore be rejected at the that the advent of a VHP station has is still a “must buy” ABC affiliate. outset. 1510 RULES AND REGULATIONS of channels in Santa Barbara” The dis has more households than Santa Bar television service and more local tele tance between Santa Barbara and bara County, and the Santa Barbara vision outlets in both communities. Tijuana, Baja California, Mexico, where station does not originate programs from 32. As noted above, in addition to em Channel 12 is now assigned, is abou^ 200 Ventura or elsewhere in Ventura County, ploying Channel 12 in a community to miles, well above the 190-mile minimum nor does it regularly provide residents of the south of Fresno, various proposals- required for domestic co-channel assign the county with any programs 'of local have been advanced suggesting that ments in this zone; and sites-are avail interest. Channel 12 be assigned to a community able to the north of Santa Barbara that 29. We believe the record supports the to the north of Fresno as well. S. H. would afford greater co-channel spacing. basis for assigning Channel 12 to Santa Patterson (KSAN-TV), on Channel 32 Negotiations with Mexico with respect to Barbara rather than Ventura. We do in San Francisco, urges that additional the use of Channel 12 in Santa Barbara not beljeve that the assignment of Chan channel changes should be made so as are underway. nel 12 to Ventura, as a first channel in to assign Channel 11 to San Francisco 25. The record also Indicates that the community, would further our ob by substituting Channel 12 for Channel Channel 12 can be employed in Bakers jective of improving the opportunity for 11 at San Jose, California. Since Stand field and Ventura in accordance with effective competition among a greater ard Radio and Television Company oper technical allocation standards; but with number of stations. Channel 12 in Ven ates Station KNTV on Channel 11 in respect to Ventura, this entails location tura would represent an 8th VHP chan San Jose, this station would be required of a site to meet minimum spacings. nel in the Los Angeles area. In Santa to change frequency, and Standard Ra Further, since both Bakersfield and Ven Barbara Channel 12 will provide a much dio has filed ah opposition to the coun tura are also within 250 miles of the needed second local outlet for a much terproposal.“ V Mexican border, Mexico would have to be larger community. Moreover, an assign 33. The Patterson proposal for San consulted concerning the use of Channel ment to Santa Barbara would likely be Francisco conflicts with a proposal filed 12 in these cities as well as in Santa Bar more acceptable to Mexico because of under separate heading on August 27, bara. The distance from Bakersfield to the greater distance to Tijuana. 1956, by Capitol Radio Enterprises Tijuana is about 225 miles, while Ventura 30. We also believe that the record (KGMS-TV), Sacramento, California. is only about 180 miles from Tijuana: .supports the basis for preferring -the Capitol proposes that Channel 12 be as 26. Santa Barbara is the 157th stand assignment of Channel 12 to Santa Bar signed to Sacramento by substituting ard metropolitan area, with a population bara over Bakersfield. We feel that this Channel 11 for Channel 12 in Chico, of 98,220. The city has a population of assignment will better serve our objec California. Since the Patterson pro 44,913 persons. Although one VHP tive of fostering effective competition posal would assign Channel 12 to San channel and 2 UHF channels are as among a greater number of stations in Joise and Capitol would assign this chan signed, only the VHP channel is in use. making possible a second local television nel in Sacramento, less than 90 miles The parties supporting the proposal to service to a significantly larger com from San Jose, the Patterson and Capi assign Channel 12 to Santa Barbara munity. Santa Barbara is presently a tol proposals are mutually exclusive. urge that it would provide much needed completely VHP area with no UHP sta Oppositions to Capitol’s proposal have service and would make possible an ad tions in operation or contemplated. This been filed by Sacramento Telecasters, ditional local outlet which could not be is not the case in Bakersfield where a Inc. (KBET-TV) on Channel 10 in Sac provided by UHF. They contend that UHF station is on the air and other ramento and Capital City TV Corpora satisfactory service from stations in UHP stations are operating in the San tion (KCCC) on Channel 40 in Sacra other cities is not provided and submit Joaquin Valley. The addition of a sec mento. that Santa Barbara needs an additional ond VHP station in Bakersfield could 34. Although the deletion of Channel VHP station, in order that it might have defeat the purpose of deintermixing the 12 from Fresno would make the assign a choice of programs of local origination Fresno area by placing an additional ment of this frequency to a community and local expression and receive more VHP signal over part of the area which north of Fresno engineeringly feasible, network programs, syndicated and film we believe should be UHP. we see no need for reaching a determina features, and programs of public inter 31. We recognize that Fresno as the tion on these proposals in this proceed est and national importance. 65th standard metropolitan area in the ing. As noted, the proposals conflict 27. Bakersfield is a city of 34;-784 per country is larger than Santa Barbara. with other proposals not submitted in this sons 105 miles south of Fresno in the The Fresno VHF operator argues, on proceeding and raise questions extra San Joaquin Valley. Two channels are this basis, that Channel 12 should be re neous to this proceeding. We do not presently assigned, VHP Channel 10 on tained there. _ However, television as believe that we need determine at this which Station KERO is operating, and signments cannot be made purely on the time to what city to the north of Fresno, UHP Channel 29 bn which Station basis of the size and importance of the if ahy, Channel 12 should be assigned KBAK-TV is operating. ABC and competing markets; The proposals must ■if it is deleted from Fresno. If we deter Bakersfield Broadcasting C om pany be viewed in the light of all factors and mine that Channel 12 should be deleted (KBAK-TV), the operator on Channel particularly with reference to our ob from Fresno, consideration can be given 29, urge the assignment of Channel 12 jective of improving the opportunities to proposals for employing Channel 12 in Bakersfield. They argue that the for more effective competition among a to the north of Fresno in a separate pro Santa Barbara area already receives greater number of stations. We believe ceeding. multiple VHP services from stations in that we can improve the television situ 35. We have reviewed the record in other cities and its own station on Chan ation in both Fresno and Santa Barbara this proceeding with a view to the factors nel 3, while Bakersfield receives no out by shifting Channel 12 from one market listed in our Report and Order of last side service. to the other. Without a VHP station in June and conclude that the public inter 28. Ventura is a city of 30,209 persons Fresno, the market will have as many est would be served by deleting Channel about 40 miles from the center of Los television stations as it can support; but 12 from Fresno and assigning Channel Angeles, 20 miles south of Santa Barbara. the continuance of a VHP station will, 30 and by adding Channel 12 to Santa No channels are presently assigned, but in all likelihood, mean less effective com Barbara. The Fresno area is predom 8 or more VHP stations serve Ventura petition among fewer stations. Santa inantly UHF, the terrain is satisfactory with a Grade B or better signal. Fred M. Barbara,' on the other hand, is pre for JJHF propagation, the vast majority Hall et al., in urging the assignment of dominantly VHP. There is little chance of. sets are capable of receiving UHP, Channel 12 to this community, submit of additional television Service for the several UHF stations are providing serv- that Ventura needs the facility more area unless a VHF channel is added, and than Santa Barbara since the latter al Channel 12 would afford a much needed 13 The KSAN-TV proposal for San Fran ready has a VHP station, Ventura County additional local outlet. This shift in fre cisco in order to meet aU mileage separation quency, we feel, is consistent with the requirements assumes a grant of the appi “ 32 TIAS 2366, as amended by TIAS 2654. mandate of section 307 (b) of the Com cation of Television Diablo, Inc. (File N • Agreement Between the United States and munications Act in providing a fair, BPCT—2187) to change the transmitter to Mexico on the Allocation of Television efficient and equitable distribution of Station KOVR, Stockton, California. TMs Channels Along the United States-Mexican application was granted November 8, l 9& • Border (signed at Mexico June 4 and 25, television service, to the several States but a protest was filed and on Japuary > 1952; entered Into force June 25, 1952) and communities and increasing the 1957, the. grant was stayed, and a hearing .(§ 2.601 (a) of the rules). likelihood of the establishment of more on the protest is scheduled. Friday, March 8, 1957 FEDERAL REGISTER 1511 ice in the area, a low UHF channel is of modification should not issue, by filing information under oath, designate the available to replace Channel 12, and it with the Commission at its offices in matter for hearing on its own motion is not likely that significant populations Washington, D. C., on or before April or issue without further proceedings an would be without any service if it is 15, 1957, a response stating in detail the order modifying California Inland’s li cense as proposed. _ deleted. ' . . .. reasons why it believes its license should 36. For the foregoing reasons it is the not be so modified. 41. It is further ordered, That effective Commission’s judgment that the tele 38. An original and 14 copies of the April 15, 1957, the Table of Television vision Table of Assignments (§ 3.606) response should be filed, and shçuld in Channel Assignments (§ 3.606 of the should be amended by shifting Channel dicate whether or not California Inland Commission’s rules) is amended by 12 from Fresno to Santa Barbara, assign requests a public hearing in the matter deleting Channel 30+ and adding Chan ing Channel 30 to Fresno, and substitut and whether it intends to appear at such nel 59 for Madera, California. ing Channel 59 for Channel 30 in hearing and present evidence on the 42. Authority for the amendments Madera. However, California Inland matters specified herein and in said herein is contained in sections 1, 4 (i), Broadcasting Company holds a license response. and (j), 301, 303 (a), (b), (c), (d), (e), for operation of Station KFRE—TV on 39. The failure to file a response by the (f), (g), (h) and (r), and 307 (b) of the Charmel 12 in Fresno. Ip view of the above specified date shall be deemed a Communication Act of 1934, as amended, provisions of sections 303 CD and 316 of consent by California Inland to the mod and section 4 of the Administrative Pro the Communications Act of 1934, as ification of its license as proposed and cedure Act. a final order will be issued accordingly, (Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. amended, the frequency of Station 154. Interprets or applies secs. 301, 303, 307, KFRE-TV cannot be changed -from unless in a petition filed at least 5 days before said date, California Inland shows 48 Stat. 1081, 1082, 1083; 47 U. S. C. 301, 303, Channel 12 to Channel 30 without the good cause why such time should be 307) consent of the licensee or, absent such expended. Failure to indicate in its re Adopted: February 26, 1957. consent, a public hearing first being held. sponse that California Inland requests Released: March 1, 1957. 37. Accordingly, iL is ordered, That a hearing will be deemed a waiver of California Inland Broadcasting Company its right to a hearing. F ederal Communications is hereby notified of the proposed modifi 40. If a response is filed and the right Commission, 14 cation of its license to specify operation to request a hearing has been waived, the [seal] Mary J ane M orris, on Channel 30, and the grounds and rea Commission, may, depending on the facts Secretary. sons therefor, and California Inland is alleged and proof offered, either call upon [P. R. Doc. 57-1735; Filed, Mar. 7, 1957; directed to show cause why such order California Inland to furnish additional 8:45 a. m.]
PROPOSED RULE MAKING
Department of Agriculture, Washington 7. Consideration of an equalization DEPARTMENT OF AGRICULTURE 25, D. C., not later than the 10th day payment under the Boston order on Class Agricultural Marketing Service after publication of this recommended I milk received from other Federal order decision in the F ederal R egister. Ex plants. 17 CFR Parts 904, 934, 996, 999 ] ceptions should be filed in quadruplicate. 8. Clarification of pooling status in Preliminary statement. A public hear the case of a plant moving from one [Docket Nos. AO-14-A25; AO-83-A21; AO- ing, on the record of which the proposed regulated market to another. 203—A7; AO-204—A7] marketing agreements and the proposed 9. Revision of the distributing plant orders amending the orders, now in effect, definition under the Boston order to Milk in the Greater B oston, M errimack were formulated, was called by the Ag provide a tolerance to exempt nonpool Valley, Springfield, and W orcester, ricultural Marketing Service, United plants which might accidently dispose of Massachusetts, Marketing Areas States Department of Agriculture, fol a small volume of milk in the Boston NOTICE OF RECOMMENDED DECISION AND lowing receipt of petitions filed on be marketing area. OPPORTUNITY TO FILE WRITTEN EXCEP half of the major cooperative producer 10. Revision of the country, plant pool TIONS THERETO WITH RESPECT TO PRO- groups in the market. Following the ing qualifications under the Merrimack POSÈD MARKETING AGREEMENTS AND receipt of the original petition all inter Valley order. PROPOSED AMENDMENTS TO ORDERS, AS ested parties were invited to submit ad 11. Other minor changes. AMENDED, REGULATING HANDLING ditional proposals. Findings and conclusions. Upon the The public hearing was held in Mont evidence adduced at the hearing and the Pursuant to the provisions of the pelier, Vermont, on December 3, and in record thereof, it is hereby found and Agricultural Marketing Agreement Act Boston, Massachusetts, on December concluded that: of 1937, as amended (7 U. S. C. 601 4-7,1956, pursuant to a notice published 1. Limitation of the effect of the sup et séq.), and the applicable rules of prac in the F ederal R egister on November 1, ply-demand adjuster of the Class I pric tice and procedure, as amended, govern 1956 (21 F. R. 9069; F. R. Doc. 56-9544). ing formula. No change should be made ing proceedings to formulate marketing The material issues considered. at the at this time in the Class I pricing for agreements and marketing orders (7 hearing were concerned with the mula., Under the present order pro CFR Part- 900)-, notice is hereby given of following: visions the Class I price is determined the filing with the Hearing Clerk of this 1. Limitation of , the effect of the on the_basis of an economic type formula recommended ' decision of the Deputy supply-demand adjuster of the Class I which reflects changes in the national Administrator, Agricultural Marketing pricing formula. commodity price level, in the level of Service, United States Department of 2. The level and basis of the Class II consumer incomes in New England, and Agriculture, with respect to proposed price. in prices which dairy farmers must pay marketing' agreements and proposed 3. Elimination of the butter and for feed and labor in the conduct of their amendments to the orders, as amended, cheese adjustment and revision of the dairy enterprise. The resulting index regulating the handling of milk in the butterfat differential. is adjusted seasonally and to reflect the Greater Boston, Merrimack ^Valley, 4. Revision of the definition and treat current fluid milk supply-demand rela Springfield, and Worcester, Massachu- ment of producer handlers. tionship in the combined markets. All setts, marketing areas. 5. Reconsideration of the exempt milk Interested parties may file written ex provisions. ’** Commissioners Doerfer and Mack dis ceptions to this recommended decision 6. Revisions of the classification and senting and issuing statements filed as part witlv the Hearing Clerk, Room 112, assignment provisions with reference to of original document; Commissioner Craven Administration Building, United States milk moving between the four markets. abstaining from voting. No. 46---- 5 f
1512 PROPOSED RULE MAKING
other things remaining equal, the pricing at the time of the hearing, was almost for which outlets are available in the mechanism is geared to lower the price identical with that of October 1955. local market and at the same time re seasonally 20 percent, or about $1.10 at Official notice is taken of the fact that turn to producers the highest practical the present level, in four successive steps producer receipts in November 1956 were prices for such milk. between December and May and, con six percent higher than in November The use of the U. S. manufacturing versely, to raise the price 20 percent, or 1955. While there also have been sub milk price series based on current price about $1.10 a hundredweight, in four stantial increases in the Class I sales, the quotations as an alternative Class H pric successive steps between June and Oc supply of milk in the Boston market is ing component was adopted in the New tober. The price is further adjusted up still significantly more than that neces England orders effective April 1,1954 and ward or downward to reflect the current sary for Class I use. was intended to establish a minimum supply-demand relationship. ) The fact that the Boston and New Class II price under these orders in line During 1956 the effect of the supply- York milksheds overlap and producers with the current prices for milk used in demand adjuster was to lower the Class and plants can, and do, shift from one manufacturing in the country as a I price as much as 66 cents in the months market to the other, emphasizes the need whole. At the time of this adoption, con of January through June and as little as for close price alignment between the sideration was also given to the use of 22 cents in November and December. two markets.. The Class I price, and the the price series reflecting the price of Two bargaining cooperatives proposed blended price particularly, in 1955 and milk utilized in making salted butter and that the supply-demand adjuster be sus 1956 have strongly favored the Boston Cheddar cheese and the midwestern con- pended or amended to prevent it from market with the result that in recent densery pay price. It was concluded reducing the price by more than 22 cents months there has been a substantial at that time that while it would be pos for the months of January through April movement of producers and plants out of sible to apply seasonal adjustment factors 1957. In support of their proposal pro the New York pool into the Boston pool. to either of these two series, the use of ponents pointed out that the feed situa Any increase in the annual level of the the manufacturing milk price series tion in the area is less favorable than in Boston price at this time, even though actually reflected prices paid for all man the same period in the previous year, both temporary, would further increase the ufactured uses and hence, represented a in terms of quantity and quality. They disparity of prices between the two mar more logical basis f on use in the Boston further maintained^ that even in normal kets and would provide even greater en market. winters the cost of producing milk in the couragement for the New York producers At the time of its adoption, various in months of January through March is as and plants to shift to the Boston market. terests in the market indicated some res « high as in the months of November and It seems likely that producers pro ervation regarding its use. It is signif December. posing restriction on the action of the icant that at the current hearing vir . It is intended that the Class I price supply-demand adjuster at this time tually all of the handlers and the organ shall be a price which will bring forth a were primarily motivated by a recollec ized producer groups who testified on this necessary *but not excessive, volume of tion of the pattern of price movements in issue supported the use of the U. S. man milk to supply the Class I needs of the the first half of 1956 and that they were ufacturing milk price series as a basis fluid market throughout the year. The attempting to prevent a recurrence of of pricing Class n milk. ^ jne cooperative seasonal adjustments are included in the this situation in 1957. Analysis of the association supported the midwestern pricing formula to encourage a seasonal statistics in the record indicates that the condensery pay price series. However, pattern of .receipts from producers more Class I price during the early part of the record fails to show any compelling nearly in line with the Class I demands 1957 will be substantially higher than reasons for shifting away from the man of the market. It is recognized that cows during the same period of 1956. Official ufacturing milk price series which holds take at least as much care and feed dur notice is taken of the December 26 an the confidence of most producers and ing the barn feeding months of January, nouncement by the Boston market handlers in the market. It is concluded February and March as in the months of administrator of a Class I price for Jan that greater price stability is provided November and December. However, uary 1957 of $6.07 per hundredweight in relating the Class II price to a series November and December are normally which is 64 cents above the price for reflecting prices paid at various types of the^ shortest months of production. January 1956. It now seems likely that manufacturing milk plants rather than a Starting in January production begins an the Class I price in the months of Feb single type. increase which normally continues into ruary through June will be 42 cents high Proponents of the proposal to increase June and then falls off through the er than the price for the same period in the Class II price support the seasonality month of November, in 1956 producer 1956. Under these circumstances, there which is carried in the pricing formula. receipts in the Boston market during the is no reason to believe that the level of They take the position, however, that the month of June were 156 percent of the price prevailing in the New England basic level of price is too low. In support J receipts during the month of November. markets will not continue to bring forth of its position, onq large cooperative Stated another wayr November receipts at least air adequate supply of milk for which is an operating as well as a bar from producers were 66.7 percent of June the market. Accordingly, the request for gaining association in these markets in receipts. The pattern of Class I sales in restricting'the action of the supply-de dicated that it has made attractive earn the market is much more uniform than mand adjuster should be denied. ings from handling Class II milk at its production. Class I sales in November 2. The level and basis of the Class IIown plants in the past few years. It 1956 were 114 percent of sales in the price. The alternative Class II pricing further testified that proprietary han month of June. The seasonality in pric formula based on the average U. S. man dlers are actively soliciting new producers ing is intended to provide encourage ufacturing milk price should be adjusted and taking over the operation of addi ment to the producer to produce his an to provide an approximate 8-cent in tional plants. The association main nual volume of milk in a pattern which crease in the resulting price, This alter tained that this is a compelling reason to more nearly meets the pattern of con native pricing formula should continue conclude that the current price level is sumption in the market. to provide the effective Class n price in too low. In further support of their Whenever the supply-demand adjuster any month in which no Boston weighted position, - producer proponents pointed acts to reduce the Class I price, the mar average cream price is reported and in out that the Boston Class H price has ket has a greater volume of supply than any other month when the resulting price historically maintained a favorable re is needed. In the period December 1955 is higher than that computed by use of lationship with the New York Class HI through May 1956, the Class I price per the weighted average cream price. The prices, that the New York Class III price hundredweight in the New England Fed adjustment of the reported average U. S. was 'raised an average, of almost 10 cents eral order markets fell $1.76. Five- manufacturing milk price to a 3.7 basis per hundredweight effective July 1956,, should be accomplished by the use of a and thSt this had shifted the balance m eighths of this drop was the normal sea butterfat differential equal to the New sonality in pricing and three-eighths was favor of the New York Class III price. | York 92-score butter price as reported by The operating cooperative associations the result of the action of the supply- the United States Department of Agri In the market joined the bargaining co demand adjuster. Notwithstanding this culture, plus 25 percent. operatives in their position that an up sharp drop in price, the supply of pro The appropriate price level for Class ward adjustment in the Class II price is ducer milk in October 1956, the last n milk is that which will move the milk needed. However, the bargaining co month for which statistics were available in an orderly manner into dairy products operatives would increase the price by 1« Friday, March 8, 1957 FEDERAL REGISTER 1513 cents per hundredweight while the market butter quotations is necessary in gested that the Class II pricing formula operating cooperatives indicated that 3 order to reflect accurately the separate be adjusted to reflect in returns to pro cents would be more appropriate. values of butterfat and skim milk. It is ducers the average benefit which they The determination of the appropriate hereinafter proposed that the New York received by virtue of the use of the level of surplus pricing which should 92-score butter quotation plus 25 percent weighted cream price over the past sev apply under a given set of circumstances divided by 10 be used as the butterfat eral years. The continuation of the is necessarily a matter of judgment. In differential in pricing milk to Boston weighted average cream price is pre appraising the Class II price under the handlers and in the interest of consist mised on the principle that producers New England orders the experience of ency it is concluded that this differential should have assurance that in those the cooperative associations handling can appropriately be used to adjust the periods when local cream supplies are Class II milk in the market is necessarily U. S. manufacturing milk price. This considerably below market needs, they an important criterion. The fact that differential changes by small amounts will receive a price for their Class II these cooperatives have found the cur the value presently assigned to 3.7 per milk commensurate with the handlers’ rent price level financially attractive and cent milk by7 using the direct ratio average cost of securing supplemental the fact that proprietary handlers ap method of adjusting the U. S. manufac supplies. v pear to be actively soliciting additional turing milk price. On an annual basis 3. Elimination of tfie "butter and supplies of milk indicates that some up it is estimated that the use of the New cheese adjustment and revision of the ward price adjustment is desirable. Cer York butter quotation would raise the butterfat differentials. The butter and tainly Boston producers located, as they Class n price by about one cent, leaving' cheese adjustment, which under the are, close to the large eastern population 7 cents of the proposed 8-cent increase present provisions of the Boston order centers should expect a higher return to be secured by other means. V operates to reduce the value of butterfat for Class II milk then the average dairy The present pricing provisions adjust used in making butter and cheese dur men distant from markets. At the same the U. S. manufacturing price monthly ing the months of April through July, time, the juxtaposition of the Boston and by stated . differentials which are in should be eliminated except when the New York milksheas necessitates the tended to encourage handlers to accept Class II price is based on the weighted close alignment of prices between these the milk in excess of Class I requirements average cream price. When the Class II two markets. during the months when seasonally ex price in such months is based on the The v condensery pay price and the cessive supplies normally exist. The weighted average cream price, milk used New York Class III price are reported on seasonality which has existed in the for in butter and cheese should be priced on a 3.5 percent butterfat basis and the mula has tended to promote the orderly the basis of the alternative Class II comparison of these prices with the handling of all producer milk and it is pricing component derived from the U. S. Boston price can be made most satisfac not intended that this seasonality should manufacturing milk price. torily at this test. Official notice is taken be disturbed. The remaining seven cents Under the present order provisions of these reported and announced prices of the proposed increase may best be in when the Class II price is based on the for the months of November and Decem corporated in the pricing mechanism by U. S. manufacturing milk price the but ber 1956 which were not available at the increasing the stated monthly adjust ter and cheese differential is the differ-: time of the hearing. During the years ments by that amount. ence between the Chicago 92-score 1954, 1955 and 1956 the Boston Class If an increase of 8 cents in the Boston butter quotation plus 22 percent and the 11 price on a 3.5 percent butterfat basis price level, resulting from the recom New York 92-score butter quotation plus averaged 2 cents, 5 cents, and 7 cents, mended application of the U. S. manu 20 percent. If the Class II price is based respectively, oyer the New York Class III facturing milk price, and the July 1956 on the weighted average cream price the price, not considering the effect of the amendment to the New York Class T il butter and cheese differential is deter July 1956 amendment to the New York price were to be applied retroactively mined by dividing by 3.7 the fat value of Class HI price. During the same period, from January 1, 1954, they would have such price and subtracting therefrom a the Boston price was 5 cents, 9 cents and provided virtually identical average value equal to the New York 92-score 12 cents, respectively, below the mid- prices for Boston Class II milk and New butter quotation plus 20 percent. western condensery pay price and 9 York Class III milk during the three- Certain proponents at the hearing cents, 8 cents, and 6 cents, respectively, year period 1954-1956. questioned the validity of any butter and above the U. S. manufacturing milk Several witnesses at the hearing pre cheese adjustment in the Boston order price. . . . 1 sented weighted price comparisons which while at the same time the operating Under the Class n pricing formula in were intended to show on the one hand cooperatives proposed that the butter the New England orders since April 1, that the price should be increased at and cheese adjustment be extended to all 1954, the manufacturing milk--price has least 10 cents and on the other that a months of the year and that there be no been the effective Class n pricing com three-cent increase is all that is neces increase in Class II price applicable to ponent in four of the remaining months sary for alignment of prices between New milk used in butter and cheese. of 1954, in seven of the twelve months of 'York and Boston. In this connection, New Englarid has historically been a 1955, and in nine of the twelve months however, figures presented by the oper deficit cream market and while in recent of 1956. Under such circumstances the ating cooperatives indicate that in 1954- years the market has become more role ,of the manufacturing milk price ‘as 1955 the weighted average price of Class nearly self-sufficient there is no indica a'New England pricing mechanism for II milk of 3.7 percent butterfat content tion that supplies are at such levels that Class II milk has become increasingly was two cents above the New York Class it is necessary to facilitate the disposi important. III price. Consideration of the effect of tion of milk in butter and cheese. The Under the present pricing provisions the July 1956 New York amendment sup large eastern population centers should the adjustment of the reported U. S, ports the increase of the U. S. manufac normally provide a ready outlet for but manufacturing milk price to a 3.7 per turing milk price component of the terfat in fluid cream, ice/ cream and cent butterfat basis is accomplished by Boston Class II formula herein proposed. frozen cream and its use in the manu the direct ratio method. This procedure The 8-cent increase jn the U. S. manu facture of butter and Cheddar type was adopted because it appeared to ap facturing milk price component would cheese should not be encouraged. The proximate most closely the practice have provided a Boston Class n price manufacture of these products in New followed by the reporting plants. Evi which was above the U. S. manufactur England at the same time that fluid dence introduced at this hearing raises ing milk price by from' 12 to 14 cents cream is imported to the region from some question as to the validity of this during this period 1954 through 1956, outside areas is an inefficient and- un Position, it appears likely that in actúa! which is concluded to be an appropriate economic utilization of butterfat as be Practice a number of different proce relationship with prices for milk used in tween regions. dures may be used in adjusting price tc manufacturing in the country as a whole. The seasonality in the Class II price is * specified fat test. The use of the direcl Certain handlers at the hearifig sug provided in the order to assure a market atio method of adjusting price assign; gested that sounder pricing would pre for all producer milk during the flush mi of the value to the fat. In this mar- vail if the use of the Boston weighted months of production and at the same where skim milk has a significan' cream price as a Class H price deter time to provide an incentive to handlers me, a butterfat differential based or minant was discontinued. They sug to make milk available when needed for 1514 PROPOSED RULE MAKING
Class I use in other months of the year. an annual basis, use of the New York ley, and Worcester markets because of The U. S. manufacturing milk price is a butter quotation to determine the alter a special situation currently developing composite price weighted to reflect the native butterfat differential would pro in the Springfield market. prices paid and the proportionate vol duce approximately the same result as The Boston market in particular has umes of milk utilized in the various the complex method proposed by the a number of producer-handlers of sub manufacturing uses and, as such, reflects producer association. The New York stantial size who have historically been the prices paid for and the proportionate quotation also is recognized as a sound a part of the market. Adoption of any volumes of milk used in butter and price from which to calculate butterfat volume distribution limit which would cheese. Under the pricing formula this values in eastern markets. As previously be of value in controlling the operations price is seasonally adjusted so that the concluded, however, the price for pro of a producer-handler would place these resulting Class II price during the flush ducer milk utilized in Class H should producer-handlers in a fully regulated months is below this average manufac reflect the higher value resulting from status and would materially affect their turing price. Hence, there is no reason the use of the weighted average cream business. Consideration of any substan why further adjustment should be made price, when such price is determined and tial change in the orders as they apply to provide a still lower price for milk produces a Class II price above that to producer-handlers should be more used in butter and cheese. As a practical computed by use of the U. S. manufac complete than would be possible on the matter the butter and cheese adjustment turing milk price. Under such circum basis of this record. as presently calculated is of no conse stances the producer butterfat differ Basically, the prpblem outlined by pro quence in these months when the price ential should also reflect the higher ponents appears to be directly associated is based on the manufacturing milk price. value resulting from the use of the cream with the spread between the blend and During the past three years the differ price. the Class I price. If dairy farmers are ential per pound of fat, exclusive of July 4. Revision of definition and treatattempting to get into the distribution 1955 when the weighted average cream ment of producer-handlers. No action business as producer-handlers it is being price was the Class II price determinant, should be taken on the basis of this rec done to take advantage of the margin has averaged approximately one-half of ord to restrict qualification under the between the blend and Class I price a cent. In July 1955 the adjustment was producer-handler definition by the im and/or the spread which handlers enjoy slightly over 7 cents. position of a maximum distribution between producer and resale prices. The When the Class II price during any of volume. Also no change should be made solution seemingly lies in better align the months of April through July is based in the treatment of a handler’s own farm ment of the blend and Class I prices. on the weighted average cream price it production. However, the definition of Some producer-handlers who testified is likely that such price may be somewhat producer-handler should be changed so at the hearing suggested that the privi high for milk going in butter and cheese. as to make clear that such a person must lege now . granted to producer-handlers The existence of a weighted average operate a processing and packaging of delivering their excess milk to the cream price, of course, is in itself an in plant from Which Class I milk is dis market as producer milk constituted an dication of a short butterfat market and posed of in the marketing area. Other unfair advantage over regular producers. raises a serious question as to whether order changes should be made to provide Since a producer-handler does not share any butterfat should be manufactured that receipts in bulk from producer- his Class I sales with regular producers, into butter and cheese during such peri handlers by pool handlers and buyer- he should not be permitted to dilute the od. Nevertheless, it is concluded that the handlers shall be treated as outside milk pool with his excess milk and share in price for butterfat utilized in butter and rather than as producer milk. the market blend. Accordingly, it is con cheese in any such month should not The orders now provide that a pro cluded that producer-handlers’ bulk reflect the higher butterfat value result ducer-handler shall be both a handler milk deliveries to other types of handlers, ing from the use of the cream price but and dairy farmer and shall receive no other than exempt milk, should be should continue to be priced on the basis milk other than exempt milk from other treated as outside'milk. of the U. S. manufacturing price com dairy farmers except producer-handlers. Clarification of the producer-handler ponent. It is believed that manufac The Boston order further proyides that definition should be made to specifically turers in this market operating such a producer-handler’s farm must be lo set forth the requirement that a pro facilities generally would have difficulty cated within 80 miles of Boston. ducer-handler must operate a processing in making short-run shifts in their Producer-handlers were exempt from and packaging plant. This is the intent manufacturing operations. full regulation under the New England of the present provision and represents The basis for computing the butterfat orders primarily on the premise that the distinguishing difference between the differential under the Boston and second they represented small business opera producer-handler and the dairy farmer ary market orders be revised to provide tions which were not a serious competi who delivers exempt milk. for the use of a New York 92-score butter tive factor in the market; that the terms 5. Reconsideration of the exempt milk quotation rather than the Chicago 92- of the orders would impose an undue provisions. The exempt milk provisions score butter quotation whenever there is burden of record keeping upon them; of each order should be revised to ex no Boston weighted average cream price. and administrative effort in regulation clude milk received in bulk at a regu A producer association proposed a of their operations would be difficult and lated plant from a plant not regulated method of determining the alternative costly. under such order, except under emer butterfat differential from what might Proponents for a change in the pro gency conditions resulting from fire, be considered the gross butterfat value ducer-handler definition at the hearing flood, hurricane or similar extraordinary reflected in the U. S. average manufac made no claim that past operations of circumstances. No change should be turing price. This method has merit in producer-handlers have contributed to made in the exempt milk provisions of the relating the butterfat differential to the market instability and they suggested respective orders as they apply to receipts value of butterfat in the Class n price, that insofar as possible they did not de from a dairy farmer, except to extend the whether determined from cream and sire to disturb operations of producer- application to include all fluid milk prod- powder values or from the U. S. average handlers of long standing. ucts other than cream. manufacturing price. However, the The situation which apparently^ The exempt milk provisions were first method is exceedingly complex. Gen prompted the proposal for reconsidera incorporated in the New England orders erally it would yield a differential a little tion of the treatment of producer-han to recognize relationships of long stand above the level of Chicago butter plus dlers under the New England orders was ing and permit small dairy farmers with 25 percent. an announcement by a Springfield han a local market for their own farm pro The Chicago and New York 92-score dler, whose supply consists solely of fully duction to use regulated plants for their butter quotations usually maintain a regulated milk, of his intention to create processing and packaging without pay rather close alignm ent with the New a large producer-handler operation. ment obligations under the orders. York quotation running higher by about However, there is no indication that this Such a dairy farmer’s operation was con three-quarters of a cent. Increased by can be done practicably. Certainlyon sidered similar to that of a producer- 25 percent this difference amounts to the basis of this record it would be in handler, except that the latter operated slightly less than a cent a pound of but appropriate to change significantly the his own plant. Later the provisions terfat, or just under a tenth of a cent in impact of regulation off the producer- were extended to include processing and terms of the butterfat differential. On handlers in the Boston, Merrimack Val packaging transactions between regu- Friday, March 8, 1957 FEDERAL REGISTER 1515 toted and unregulated plants. A princi to cover movements of milk from an un producers in his market receive the Class pal reason for such extension was to regulated plant to a regulated plant, for I price. To permit unrestricted compe meet emergency conditions which might processing and packaging, under such tition for sales among handlers, all of render the unregulated plant tempo catastrophic conditions. However, the whose milk is priced and regulated on a uniform basis, full reciprocity in the rarily inoperative. provision should not be applicable in the Until recently the volume of exempt case of ordinary plant breakdowns or movement of packaged milk as between milk handled by Boston pool handlers work stoppages, involving situations regulated plants in the four markets and has been inconsequential. It has been which are clearly the usual risk of any on sales direct to consumers in another more substantial in the secondary mar handler. These are readily distinguish marketing area should be provided. kets, primarily because of the larger able from extraordinary circumstances The orders should permit free move proportion of dairy farmers located near which are completely" beyond the ment of Class I milk in packaged form the market, with opportunities to engage handler’s control. between regulated markets. Adoption in retail distribution and because of a No change is being recommended with of this principle will permit handlers in reference to the general application of the Merrimack Valley, Springfield, or number of public and private institutions Worcester markets to supply Class I milk which maintain dairy herds and use the the exempt milk provisions to dairy exempt milk provision to have milk proc farmers. At the hearing proponents pro in packaged form to Boston regulated posed that volume limitations similar to plants as well as to regulated plants essed and packaged for their own use. under the other secondary orders. Such The record indicates that in 1956 a those proposed for producer-handlers be applied to exempt milk for dairy farmers. handlers will also be able to make direct multiple-plant handler began to take ad sales to consumers in all the ether vantage of the exempt milk provisions to The imposition of volume limitations on producer-handlers is not being recom marketing areas and have the Class I use a regulated plant for processing and sales credited to their own market. packaging ■ unregulated milk sold out mended on the basis of this hearing and hence it appears inappropriate to impose Boston handlers already enjoy this side the marketing area. The record privilege in the secondary markets with also shows that during the latter part of such limitations on dairy farmers who are not producer-handlers. the exception of sales directly to con 1956 another multiple-plant handler be sumers in the Springfield marketing gan to take advantage of the exempt The exempt milk provisions should be amended to cover the return of all pack area. In effect, this amendment will milk provisions to manipulate blend change the emphasis in determining prices between markets and to relieve aged fluid milk products, other than cream. There appears to be no basic classification of milk moved between local situations which had previously regulated markets from sales “directly - made it necessary for the handler to pay reason for permitting the exempt milk provisions to apply to packaged milk but to consumers” to sales “in packaged , premiums. form”. The use of regulated plants fcoproc not to other Class I products. Elsewhere in this recommended deci Bulk milk will continue to be classified essing and packaging milk, under the and assigned as heretofore, except that exempt milk provisions, for disposition in - sion it is concluded that producer- handlers’ bulk deliveries to other types the exempt milk provisions will no longer nonfederally regulated areas may pro apply to receipts of such milk from un vide a loophole by which Class I sales are of handlers, other than of exempt milk, should be, treated as outside milk. Par regulated plants. The classification and lost for regulated milk. The orders assignment provisions of the present should not promote practices which may allel treatment would seem to require that any excess milk of those dairy orders are clear and well integrated as lead to such loss of Class I sales. Ac they relate to bulk milk movements be cordingly, it is concluded that the appli farmers who do not operate,, plants but who make use of the exempt milk pro tween regulated markets. Packaged cation of the exempt milk provisions to milk, on the other hand, will be con receipts of bulk milk from nonfederally visions in distributing Class I milk in the marketing area should also be treat sidered as Class I milk and credited to regulated plants should be discontinued. the market from which it originates. The unregulated dealer with inadequate ed as outside milk. However, it must be recognized that a dairy farmer without In view of the recommended difference facilities, who relies on other persons for in treatment between bulk product and his processing and packaging but desires a plant does not have handler status and is not required to keep records and packaged product, a definition of the to remain unregulated may do so by term “packaged fluid milk products” finding another unregulated dealer to make reports to the market, adminis trator. The market administrator has should be included in the order. It is perform such operations; In a similar intended that such term include all fluid manner multiple-plant handlers with no satisfactory means of determining that an individual ^delivering exempt milk products in any container in Which both regulated and Unregulated plants it was delivered to the consumer, regard should not have the privilege of process milk as a dairy farmer did not also deliver additional milk in the status of less of size. ing and packaging their unregulated 7. Consideration of 'an equalization milk in their regulated plants. If they a producer either to the same handler or to another handler. In any event payment under the Boston order, on Class desire to. maintain Class I operations I milk received from other Federal order outside of the scope of regulation they the volume of milk which might be so delivered is apparently negligible and plants. No provision should be made in must adjust their business so that the the Boston order for equalization pay unregulated milk does not get into the it is concluded that no change need be made in this regard. ments on milk moved to the Greater regulated plants. 6. Revision of the classification andBoston marketing area from other The exempt milk provisions should not assignment provisions with reference to federally regulated plants. provide the medium whereby multiple- milk moving between the four markets. It was proposed that a provision similar plant handlers operating in two or more The orders should be amended to pro to that currently provided in each of the of the New England Federal order mar vide that fluid milk products, other than secondary market orders be included in kets may manipulate blended prices as cream, moved in packaged form from a the Boston order. Proponents pointed between orders. If in a handler’s opinion regulated plant under one of these orders out that Boston milk moving to New undesirable price relationships develop to a regulated plant unden another of York and allocated to Class I under that between markets, corrective measures these orders, or sold directly to con order may be subject to an equalization should be sought through amendment of sumers in another marketing area reg payment and accordingly that similar the orders and not by price manipula ulated under one of these orders, shall be treatment should be provided for New tions involving the abuse of the exempt assigned to Class I milk and credited to York milk moving to Boston. They toilk provisions. the market from which it originates. further suggested that the procedure for _ It is recognized that catastrophic con The several New England orders oper equalizing payments as contained in the ditions may render a plant temporarily ating under marketwide pooling ar secondary market orders seemingly has unusable and a dealer may have to devise rangement are generally so constructed been effective in offsetting inter-pool an emergency program for handling milk as to permit free movement of milk zone differential advantages without ob during such situations. It is believed between markets. If a handler in one structing free and efficient movement of that the orders should not deter han of these markets extends his operations milk supplies between the several ging of milk under such circumstances to another federally regulated market markets. ddd accordingly it is proposed that'the such sales should be considered as a Under the terms of the various orders, exempt milk definition should continue part of the fluid milk sales for which the Secretary establishes prices to re- 1516 PROPOSED RULE MAKING
fleet the use value of the milk;''which, virtue of the fact that its shipments into ference in blend prices to producers prices are intended to bring forth an' one of the other marketing areas in one under the several orders and possibly adequate but not excessive supply of milk or more months of October through disrupt orderly marketing in the area. for the market. Under usual circum February were greater than into such The proponent requested a two per stances the difference in prices as market where it normally associates. cent tolerance but did not limit his re between markets reflects only transpor The proposal made at the hearing quest to secondary market plants. It is tation differentials and the local supply- would provide a designated priority of concluded that this tolerance should not demand situation. It is intended that pooling for plants qualifying under more apply to plants which are not regulated milk should move freely between mar than one order. It is concluded that a under any of these orders but that it kets in response to price differences due plant should more properly be pooled would be appropriate and would give to changing supply-demand relation under the order for that market in which ample protection in the case of regulated ships. it disposes of the greater volume of plants under the secondary market or Accordingly, it is concluded that no Class I milk. ders, without invalidating the principle provision should be made for equalization While the mileage limitation contained that the Boston order shall have prior payments on New York order milk dis in the city plant definitions makes it -claim in pooling any plant doing a sig posed of in the Boston market. unlikely that a city plant might qualify nificant business in the Boston market It seems likely that this same principle under more than one secondary market ing area. , would be equally applicable among all order it is concluded that the order A handler with a single plant opera the New England orders. While the should provide a basis for ascertaining tion must dispose of more than 10 per secondary market orders presently con Under which order a plant should be cent of his receipts as Class I milk in tain provisions for equalization payments pooled if such situation should occur. the marketing area before becoming between federally regulated markets Again, the principle of association with fully regulated and therefore it is un these provisions were not an issue at the the market in which the greater volume likely that accidental sales in the area hearing and no change should be made of Class I business is done should be will have this result. The multiple plant on the basis of this record/ controlling. operator has the privilege of pooling 8. Clarification of pooling statxis in the The changes proposed herein are not part or all oThis operation if he meets case of a plant moving from one regu intended in any way to change a plant’s this 10 percent requirement and also lated market to another. The pool plant pooling status relative to the New York meets the specified shipping require provisions of the secondary market or Boston orders. ments for each plant; On the other orders should be revised to specify & 9. Revision of the “distributing plant” hand, each of_such a handler’s plants clearly under which secondary market definition under the Boston order. The can much more readily become a pool order a plant will be pooled in the event definition of the term “distributing plant. Sffif such handler does not choose that it meets the pooling requirements plant” in thé Boston order should be to pool his entire operation he may.file under more than one of such orders and revised to provide a tolerance for casual a request for nonpool designation of cer to assure pool status during the flush or accidental Class I distribution to con tain plants. Even if he does file such months to a country plant which met all sumers in the Boston marketing area a request a casual disposition of Class of the pooling requirements during the by a regulated secondary market order I milk directly to consumers in the mar months of October through February but plant, to avoid unintentional pooling of keting area from a plant which was or which was actually a pool plant under such secondary market plant under the dinarily an unregulated plant might one of the other orders during any part Boston order. Such tolerance should bring such plant under full regulation. of this period. In this regard it is con not be applicable to plants which are not A multiple plant operator is given a con cluded that a plant qualifying for pool regulated by any of the secondary mar siderable amount of freedom in deciding ing under more than one of the secondary ket orders. whethor or not to pool his entire opera market orders in any month should be The Boston order contains a provision tion and he must accept the full pooled under that order for the market in under which a plant can be designated responsibility for protecting his unreg which it does the greater volume of its as a nonpool plant, but this provision ulated plants from regulation. Ordi Class I business. applies only to nondistributing plants. ' narily, a handler maintains unregulated _ Under the present provisions of each A handler who wishes to avoid the pool plant status for one or more of his plants of the secondary market orders a basic ing of any of his plants under the order because of the financial advantages asso requirement for pool status is that the can do so by requesting nonpool plant ciated with that status. Hence, the plant not be operated as a pool plant designation of such plants by the market pooling of a plant which is normally an under either the Boston, New York or administrator. This designation cannot unregulated plant would not adversely the other two secondary market orders. be applicable to any plant from which affect the pool in the great majority of Each order also provides m i n i m u m Class I milk, in the form of milk, was cases, and would continue to assure uni shipping requirements which a county disposed of directly to consumers in the form'pricing among handlers. There plant must meet to qualify for pooling marketing area, because the plant there fore, no concession should be granted in during the October-February period and_ by would have met the definition of a the case of unregulated distributing a plant qualifying in each of the months “distributing plant”. No quantity toler plants to protect their status as unreg of October through February may be ance of any kind, so far as such direct ulated plants. pooled during the months of March distribution is concerned, is presently 10. Revise the country receiving plant through September without making contained in the definition of the term qualifications under the Merrimack Val shipments to the market. Under these “distributing plant.” ley order. The pooling provisions under provisions it is possible for a plant to The proposal for a small tolerance the Merrimack Valley order should be qualify for pooling in any one month un was made by a handler with multiple amended to permit a country plant der more than one order by virtue of plant operations which include regu- ; which processes and packages Class I its shipments or direct Class I disposi lated plants in both the Boston and milk for sale in the marketing area to tion in. the marketing area. In such secondary market orders as well as un qualify as a pool plant in each month eventuality the orders give no direction regulated plants. To provide greater in which at least 10 percent of its total for determining under which order the operating efficiencies this company cen receipt^ of fluid milk products other plant should be permitted pool status. tralizes certain packaging operations than cream is disposed of in the market While this has not yet become an actual and as a result packaged milk may move ing area as Class I milk. The permis problem, the emphasis on centralized from its secondary market plants to its sive deduction of Class I sales made processing and packaging operations and Boston order plants. If a single quart directly to consumers outside the mar other efficiencies in transportation and of such milk, through error, should be keting area before determining utiliza distribution make it a strong possibility. delivered to a customer in the Boston tion for pooling requirements should be A country plant which continuously marketing area without intermediate movement to a Boston plant, the sec deleted. There was no proposal in the meets all the pooling requirements of a ondary market plant would very prob notice of hearing to change the 30 per particular order should not lose its pool-1 ably become subject to pooling under the cent shipping requirements applicable ing status in the market in the months Boston order. Such unintentional pool to the usual country plants and no of March through September solely by ing could bring about a substantial dif- change* should be made in that regard. Friday, March 8, 1957 FEDERAL REGISTER 1517 Under the present provisions of the to other regulated handlers has substan commercial activity, specified in a pro order, 30 percent of a country plant’s tially diminished as the distributing han posed marketing agreement and order total receipts, after deducting Class I dlers have installed their own facilities upon which a hearing has been held ; and sales direct to consumers outside the or have changed to other sources of (c) The parity prices of milk as de marketing area, must be disposed of di supply. Up to the present time the Man termined pursuant to section 2 of .the rectly to consumers in the marketing chester Dairy System has been able to act are not reasonable in yiew of the area as Class I milk or be shipped as meet the pooling requirements, but its price of feeds, available supplies of feeds, mUk to city plants at which more than continued ability to do so is prob and other economic conditions which 50 percent of the total receipts of fluid lematical. affect market supply and demand for rfiilk products, other than cream, is dis A country plant, under the definition milk in the respective marketing areas; posed of as Class I milk. The order also of that term in the order is any plant and the minimum prices specified in the provides that any country plant which which is located beyond 10 miles of the proposed marketing agreements and in is a pool plant continuously in each of marketing area, and conversely a city the orders, as amended, and as hereby the months of October through Febru plant is a plant located within 10 miles proposed to be amended, are such prices ary shall be a pool plant continuously of the marketing area, Under usual cir as will reflect the aforesaid factors, in for the following months of March cumstances, a country plant is merely a sure a sufficient quantity of pure and through September regardless of the supply plant doing no processing and wholesome milk in each of said mar quantity then disposed of in the market packaging of milk for fluid distribution keting areasf respectively, and be in the ing area. This 30 percent requirement whereas a city plant usually does per public interest. was temporarily reduced by suspension form such operations and, distributes Rulings on proposed findings and con action to 10 percent to protect the pool Class I milk in the marketing area. Any clusions. Briefs were filed on behalf of ing status of a plant presently asso country plant, such as that of Man interested parties. The briefs contained ciated with the market, until there could ^ chester Dairy System, whose operations suggested findings of fact, conclusions, be a review of the pooling requirements are similar to those of city plants should and arguments with respect to the pro posals considered at ihe hearing. Every at a public hearing. be permitted to qualify for pooling on a It was proposed at the hearing that basis similar to that for city plants. point covered in the briefs was carefully each country receiving plant located However, such a country plant should examined along with the evidence in within 40 miles of the marketing area, no longer be permitted to qualify for the record in making the findings and and processing and packaging fluid milk pooling in the flush months on the basis reaching the conclusions hereinbefore products for distribution direct to con of its continuous pool plant status during set forth. To the extent that the sug sumers and/or through other handlers the short season, but should be required gested findings and conclusions are in shall be a pool-plant in any month in to qualify on the basis of Class I dis consistent with the findings and conclu which the quantity of fluid milk prod tribution in the marketing area in each sions contained herein the request to ucts, other than cream, disposed of in month in the same manner as city plants. make such findings or to reach such con the marketing area as Class I rriilk, is at Question was raised at the hearing as clusions is denied. least 10 percent of its total receipts of to whether a country plant should be en Recommended marketing agreements fluid milk products, other than cream. titled to the zone price differentials ap and orders. The following proposed or ' No proposal was made for changing the plicable to country plants, if it is per ders, amending the orders as amended, | 30 percent standard as it would apply to mitted to pool on performance standards are recommended as the detailed and the usual type of supply plant. The similar to those for city plants. The appropriate means by which these con Manchester Dairy System, proponent of changes herein proposed will in no way clusions may be carried out. The pro the proposal, is a country plant with affect the cost of transporting milk to posed marketing agreements are not in- processing and packaging facilities. the market and the zone price differ ■ eluded in this decision because the reg Manchester Dairy System makes sub entials should be equally applicable ulatory provisions thereof would be the stantial Class I sales in packaged form under the revised standard. same as those contained in the proposed to other regulated handlers in the mar 11. Other changes. Minor amendamending orders: keting area. It also makes sales in ments to the Boston order should be Boston order; bulk to such handlers. In addition, it made so as to insure that plants, coming 1. Add a new sentence at the end of makes sales to unregulated plants and under regulation because of the addition § 904.2 (d) to read as follows: “With re direct sales to consumers outside the of four towns to the marketing area on spect to the months of April through marketing area. November 1, 1956, should be eligible for June 1957, the term shall not include The Manchester Dairy System has pooling in the 1957 flush season if they any dairy farmer from whom the han ^been continuously associated with the continuously meet-all of the pooling re dler’s receipts of nonpool milk during Merrimack Valley market since prior to quirements from that date. The status the months of July through October the inception of Federal regulation of as producers of dairy farmers delivering 1956 consisted only of milk received at ! the market. Pooling requirements as to such plants should also be preserved a plant which became subject to this l they affect Manchester Dairy System for the 1957 flush season. order as â result of the extension of the have be'en an issue at several previous The administration assessment provi marketing area to include the towns of ” hearings and the amendment to the sions of the Merrimack Valley order Framingham. Natick, Wayland, and order effective September 1, 1952 which should be extended so as to apply to Weston.” Y Permitted a country plant to deduct handlers’ receipts^ of exempt milk proc 2. Delete the first sentence of § 904.2 Class I sales to consumers outside the essed at regulated plants. The adminis Ce) and substitute the following : “ ‘Pro marketing area from total receipts prior trative cost in the verification of such ducer’ means any dairy farmer whose > to the determination of Class I business exempt milk is equally as great as that milk is delivered from his farm to a pool ! done in the marketing area was made applicable to other milk to which the plant, except a dairy farmer for other I to facilitate Manchester Dairy System’s assessment applies. The recommended markets, a dairy farmer with respect ; continued qualification. The suspen change will also provide uniformity of to exempt milk delivered, and a pro sion order issued September 14, 1956, treatment under the New England ducer-handler.” was also made to assure Manchester con- orders. 3. Delete § 904.2 (i) and substitute the ; tmued pooling status pending review of General findings, (a) The proposed following: I the problem at this hearing. marketing agreements and the orders, (i) “Producer-handler” means any f The difficulties of the Manchester now in effect, and as hereby proposed to dairy farmer who receives milk of his [ Dairy System in meeting the pooling re- be amended, and ajl of the terms and own production only from farms located conditions thereof Will tend to effectuate i Quirements of the order are primarily within 80 miles of the State House in the declared policy of the act; Boston and operates a processing and ' ®entered in the fact that it has no direct (b) The proposed marketing agree | distribution in the marketing area but ments and orders, as amended, and as packaging plant from which Class I milk has acted primarily as a servicing agent hereby proposed to be amended, regulate is disposed of in the marketing area; and | for other regulated handlers. Business the handling of milk in the same man who receives no milk, other than exempt !,aine? tn earlier years by -acting as a ner as, and are applicable to persons in milk, from other dairy farmers except uPPlier of packaged milk and bulk milk the respective classes of industrial and producer-handlers. 1518 PROPOSED RULE MAKING
4. Delete the period at the end of 12. Delete § 904.29 (c) . 17. In § 904.63 delete the word “Chi- § 904.3 (g) and add the following: 13. In § 904.41 (b) delete the word cago” as it appears immediately follow- “: Provided, That in the case of a plant “solids” following the words “spray ing the words “for Grade A (92-score) which would lose its pool plant status un process nonfat dry milk”. butter at wholesale in the” and substi der another Federal order by meeting the 14. Delete paragraph (d) (1) of tute the word “New York”. definition of a distributing plant under § 904.41 and substitute the following: 18. In § 904.65 (a) (1) insert the words this order, the term shall apply only if (1) Adjust the average price for milk“or producer-handler’s plant” immedi such Class I disposition to consumers in for manufacturihg purposes, f. o. b. ately after the words “unregulated the marketing area exceeds two percent plants United States, as reported on a plant”. of its total receipts of fluid milk products preliminary basis by the United States 19. Delete § 904.65 (a) (2) and substi other than cream.” Department of Agriculture for the tute the following: 5. In § 904.4 (g) (1) delete the semi month by subtracting for each one-tenth colon at the end of § 904.4 (g) (1) and (2) On outside milk received at any of 1 percent of average butterfat content regulated plant from an unregulated add the following: “and any fluid milk above 3.7 percent, or adding for each products, other than cream, and other plant or producer-handler’s plant lo one-tenth of 1 percent of average but cated in Maine, the payment shall be at than milk which meets the definition of terfat content below 3.7 percent, an exempt milk, which are received in bulk the difference between the price pursuant amount per hundredweight which shall § 904.40 applicable at the zone location from producer-handlers at the regulated be calculated by the market adminis plant of a pool handler or a buyer- of the Maine plant and the lesser of trator by multiplying by 0.125 the aver either the simple average for the month handler.” age of the daily prices, using the mid 6. In § 904.4 (g) (2) delete the word of the lowest minimum semimonthly point of any range as one price, for prices for Class II milk containing 3.7 “and” after the words ‘‘emergency milk”, Grade A (92-score) butter at wholesale and the semicolon (;) after the phrase percent butterfat which are established in the New York market as reported for by the Maine Milk Commission for the “pursuant to § 904.27” and add the fol the period between the 16th day of the lowing: “, ,and receipts of packaged fluid market in which such Maine plant is preceding month and the 15th day, in located or the price determined pursuant milk products from any plant which is a clusive, of the current month by the regulated plant under the provisions of to § 904.41 applicable at the zone location United States Department of Agricul of such plant. the Merrimack Valley, Springfield, or ture. Worcester orders;” 20. In § 904.65 (a) (3) insert the words 7. In § 904.4 (g) (3) insert immediately 15. Revise the table set forth in “or producer-handler’s plant” immedi after the words “Merrimack Valley” the § 904.41 (d) (2) to read as follows: ately after the words “unregulated plant” following: “, Springfield” A m o u n t in both instances in which they appear 8. Delete § 904.4 (i) and substitute the Month: ( c e n t s ) in the subparagraph. following: January_____ : ______+ 1 5 Merrimack Valley Order: February______-j-14 1. Delete the phrase “under the Boston (i) “Exempt milk” means: March ______—03 (1) Milk received at a regulated plant April ______—07 order,” as it appears at the end of § 934.2 In bulk from the dairy farmer who pro May ------— 10 (d) and substitute therefor the words duced it, for processing and packaging, J u n e___ ^______—09 “under the Boston, Worcester, or Spring- and for which an equivalent quantity of J u ly ------______-fio field orders.” packaged fluid milk products, other than August ____ ,______-j-19 2. Delete the first sentence of § 934.2 cream, is returned to the dairy farm Septem ber_g______+16 (e) and substitute therefor the follow er during the same month; or October______4-18 ing : “ ‘Producer’ means any dairy farmer November__T___ :______+19 whose milk is delivered from his farm to (2) Milk received at a regulated plant December ______1______4-19 in bulk from an unregulated plant to be a pool plant, except a dairy farmer for processed and packaged, and for which 16. Delete all of § 904.44 and substituteother markets, a dairy farmer with re an equivalent quantity of packaged the following: spect to exempt milk delivered, and a producer-handler.” fluid milk products, other than cream, § 904.44 Butter and cheese adjust is returned to the operator of the un 3. Delete § 934.2 (i) and substitute ment. During the months of April, May, therefor the following: * regulated plant during the same month, June, and July, in which the Class n if such receipt of bulk milk and return of price is computed pursuant to § 904.41 (i) “Producer-handler” means any packaged fluid milk products occurs (c), the value of a pool handler’s milk dairy farmer who operates a processing during an interval in which the facili computed pursuant to § 904.50 shall be and packaging plant from which Class I ties of the unregulated plant at which the reduced by an amount determined as milk is disposed of in the marketing area, milk is usually processed and packaged follows: and who receives no milk, other than are temporarily unusable because of a (a) Subtract from the price computed exempt milk, from other dairy farmers fire, flood, storm, or similar extraor pursuant to § 904.41 (c) the price com except producer-handlers. dinary circumstances completely be puted pursuant to § 904.41 (d) and divide 4 . In § 9 3 4 .3 (e) change the section yond the handler’s control; or by 3.7. The result is the butter and (3) Packaged fluid milk products, references “934.20, 934.21 and 934.22” to cheese differential. read “934.20, 934.21, 934.22 and 934.23”. other than cream, received at a regulated (b) Determine the pounds of butter- 5. Delete the semicolon at the end of plant from an unregulated plant in fat in Class n milk received from pro subparagraph (1) of § 934.4 (g) and add return for an equivalent quantity of bulk ducers, which was processed into salted the following: “and any fluid milk prod milk moved from a regulated plant for butter, Cheddar cheese, American Ched ucts, other than cream, and other than processing and packaging during the dar cheese, Colby cheese, washed curd milk which meets the definition of ex same month. cheese, or part skim Cheddar cheese at empt milk, which are received in bulk 9. In § 904.4 add a new paragraph (k) a plant of the first handler of such but from producer-handlers at the regulated to read as follows: terfat or at a plant of a second person plant of a pool handler or a buyer- (k) “Packaged fluid milk products” to which such butterfat was moved. handler.” means fluid milk products which have (c) Subtract, such portion of the 6 . In § 9 3 4 .4 (g) (3) insert a comma U been placed in containers for disposition quantity determined in paragrah (b) immediately following the word “Boston to consumers and have hot been removed of this section as was made into salted and add thereafter the word “Sprmg- from those containers prior to such butter and disposed of by the handler field”. disposition. or such second person in a form other 7. Delete § 934.4 (i) and substitute 10. In § 904.21 (c) delete the word than salted butter. therefor the following: “distributing” as it occurs immediately (d) Multiply the remaining pounds of (i) “Exempt milk” means: following the words “each city”. butterfat determined pursuant to para (1) Milk received at a regulated plant 11. In § 904.21 (f) delete the figure graph (c) of this section by the butter in bulk from the dairy farmer who P _ “1956” and substitute therefor the figure and cheese differential determined pur duced it, for processing and packagi g, “1957”. suant to paragraph (a) of this section. and for which an equivalent quantity Friday, March 8, 1957 FEDERAL REGISTER 1519 packaged fluid milk products, other than § 934.22 Additional requirements for 15. Renumber § 934.27 (c) as (d) and cream, is returned to the dairy fanner country pool plants, (a) Any country insert a new paragraph (c) to read as during the same month; or plant at which fluid milk products regu follows: (2) Milk received at a regulated plant larly are processed and packaged for (cX Receipts in packaged form of fluid in bulk from an unregulated plant to be disposition in the marketing area as milk products, other than cream, from processed and packaged, and for which Class I milk shall be a pool plant in any regulated plants under the Worcester or an equivalent quantity of packaged fluid month in which at least 10 percent of Springfield orders shall be assigned to milk products, other than cream, is re the plant’s total receipts of fluid milk Class I milk. turned to the operator of the unregulated products, other than cream, is disposed of in the marketing area as Class I milk. 16. Delete § 934.50 (g). plant during the same month, if such 17. In § 934.72 insert after the words receipt of bulk milk and return of pack (b) Any country plant which does not meet the requirements of paragraph (a) “receipts from his own production” the aged fluid milk products occurs during an words “receipts of exempt milk processed interval in which the facilities of the un of this section shall be a pool plant in regulated plant at which the milk is usu any month in which more than 30 per at a regulated plant,”. cent of its- total receipts of fluid milk Springfield order: ally processed and packaged are tempd- 1. Delete the phrase “under the Boston rarily unusable because of fire, flood, products, other than cream, is disposed of directly to consumers in the marketing order” as it appears at the end of § 996.2 storm, or similar extraordinary circum (d) and substitute therefor the words stances completely beyond the handler’s area as Class I milk or is shipped as milk to city plants at which more than 50 “under the Boston, Merrimack Valley, or control; or Worcester orders”. (3) Packaged fluid milk products, percent of the total receipts of fluid milk- products, other than cream, is disposed of 2. Delete the first sentence of § 996.2 other than cream, received at a regulated (e) and substitute therefor the follow plant from an unregulated plant in re as Class I milk. (c) Any country plant which meets, ing: “ ‘Producer’ means any dairy farmer turn for an equivalent quantity of bulk whose milk is delivered from his farm to milk moved from a regulated plant for the pool plant requirements under this order during each of the months of Oc a pool plant, except a dairy farmer for processing and packaging during the other markets, a dairy farmer with re same month. tober through February and which is a pool plant under this order or under the spect to exempt milk delivered, and a 8. In § 934.4 insert a new paragraph Boston. Worcester, or Springfield orders producer-handler,” (j) as follows: during each of such months except a 3. Delete § 996.2 (i) and substitute therefor the following: (j) “Packaged fluid milk products” plant which is a pool plant under para means fluid milk products which have graph (a) of this section, shall be a pool (i) “Producer-handler” means any been placed in containers for disposition plant continuously for the following dairy farmer who operates a processing to consumers and have not been removed months of March through September, and packaging plant from which Class I from those containers prior to such regardless of the quantity then disposed milk is disposed of in the marketing disposition.— of in the marketing area, if the handler’s area, and who receives no milk, other request for pool plant status for such than exempt milk, from other dairy- 9. Delete § 934.16' (d) and substitute seven-month period is received by the farmers except producer-handlers. the following: market administrator before March 1 of 4. In § 996.3 (e) change the section (d) If moved to a plant subject to the that year. Changes in the identity of the references “996.20, 996.21, and 996.22” to Boston order, or moved in bulk to a plant handler operating the plant shall not read “996.20, 996.21, 996.22 and 996.23”. subject to the Worcester or Springfield affect the application of this paragraph. 5. Delete the semicolon at the end of orders they shall be classified in the class 13. Add a new § 934.23 to read assubparagraph (i) of § 996.4 (g) and add to which the receipt is assigned under follows: the following: “and any fluid milk prod such other order. ucts, other than cream, and other than § 934.23 Conditions resulting in non milk which meets the definition of 10. Renumber § 934.16 (eX as (f) and pool plant status. Any plant shall be a exempt milk, which are received in bulk insert a new paragraph (e) to read as nonpool plant in any month in which from producer-handlers at the regulated follows: any o f the following conditions apply: plant of a pool handler or a buyer- (e) If moved in packaged form to a (a) The plant has the status of a pool handler.” plant subject to the Worcester .or Spring- plant under the provisions of the Boston, 6. In § 996.4 (g) (3) delete the phrase field orders, they shall be classified as New York, or Worcester orders. “under the Worcester order” and substi Class I milk. (b) The plant is operated by a handler tute therefor the words “under the Bos in his capacity as a producer-handler. 11. Delete § 934.20 and substitute ton, Merrimack Valley, or Worcester (c) The plant also meets all the appli orders”. therefor the following: cable pooling requirements of the Springs 7. Delete § 996.4 (i) arid substitute the § 934.20, Basic requirements for pooU field order and the combined quantity of following: Class I milk disposed of in the Springfield plant status. Subject to the provisions (i) “Exempt milk” means: of § 934.23, each receiving plant shall be marketing area directly to consumers, and of milk shipped to Springfield city (1) Milk received at a regulated plant a pool plant in each month in which it in bulk from the dairy farmer who pro meets the applicable requirements of plants at which more than 50 percent of. the total receipts of fluid milk products, duced it, for processing and packaging, §§ 934.21 or 934.22, together with the and for which an equivalent quantity of following basic requirements. other than cream, is disposed of as Class I milk, exceeds the combined quantity of packaged fluid milk products, other than fa) A majority of the dairy farmers cream, is returned to the dairy farmer delivering milk to the plant hold certifi such disposition and shipments in the Merrimack Vallpy marketing area. during the same month; or cates of registration issued pursuant to (2) Milk received at a regulated plant Chapter 94, sections 16C and 16G, of the (d) Except as provided in § 934.22 (b) each of a handler’s plants which is a in bulk from an unregulated plant to be Massachusetts General Laws. processed and packaged, and for which (b) The handler operating the plantnonpool receiving plant during any of the months of October through February an equivalent quantity of packaged fluid holds a license which has been issued milk products, other than cream, is re hy the milk inspector of a city or town shall not be a pool plant in any of the following months of March through Sep turned to the operator of the unregu in the marketing area, pursuant to Chap lated plant during the same month, if ter 94, section 40, of the Massachusetts tember in which it is operated by the same handler, an affiliate of the handler, such receipt of bulk milk and return of General Laws, or a majority of the dairy packaged fluid milk products occurs dur farmers delivering milk to the plant are or any person who controls or is con trolled by the handler, unless its opera ing an interval in which the facilities of approved by such an inspector as sources the unregulated plant at which the milk of supply for milk for sale in his tion during October through February is usually processed and packaged are municipality. was in the handler’s capacity as a pro temporarily unusable because of fire, ducer-handler. 12. Delete § 934.22 and substitute flood, storm, or similar extraordinary cir therefor a new § 934.22 to read as 14. In § 934.27 (b) insert after the wordcumstances completely beyond the han follows: “Receipts” the phrase “in bulk”. dler’s control; or No. 46- 1520 PROPOSED RULE MAKING
(3) Packaged fluid milk products,orders during each of such months shall 3. In § 999.3 (e) change the section other than cream, received at a regulated be a pool plant continuously for the fol references “999.20, 999.21, and 999.22” to plant from an unregulated plant in re lowing months of March through Sep r6ad “999.20, 999.21, 999.22 and 999.23”. turn for an equivalent quantity of bulk tember, regardless of the quantity then 4. Delete the semicolon at the end of milk moved from a regulated plant for disposed of in the marketing area, if the subparagraph (1) of § 999.4 (g) and add processing and packaging during the handler’s written request for pool plant the following: “and any fluid milk prod same month. status for such seven-months’ period is ucts, other than cream, and other than 8. In § 996.4 insert a new paragraph received by the market administrator milk which meets the definition of ex (j) as follows: before March 1 of that year. Changes empt milk, which are received in bulk in the identity of the handler operating from producer-handlers at the regulated (j) “Packaged fluid milk products” the plant shall not affect the application plant of a pool handler or a buyer- means fluid milk products which have of this paragraph. handler.” been placed in containers for disposition 5. Delete § 999.4 (i) and substitute the to consumers and have not been removed 13. Add a new § 996.23 to read as fol following: from those containers prior to such lows: disposition. § 996.23 Conditions resulting in non (i) “Exempt milk” means: pool plant status. Any plant shall be (1) Milk received at a regulated plant 9. In § 996.16 (d) delete the phrase in bulk from the dairy farmer who pro “If moved to a plant subject to the New a nonpool plant in any month in which any of the following conditions apply: duced it, for processing and packaging, York, Boston, Merrimack Valley, or Wor and for which an eqivalent quantity of cester orders” and substitute therefor (a) The plant has the status of a pool plant under the provisions of the Boston, packaged fluid milk products, other than the phrase “If moved to a plant subject cream, is returned to the dairy fanner to the New York or Boston orders.” New York, or Worcester orders. during the same month; or 10. Renumber § 996.16 (e) as (f) and (b) The plant is operated by a handler in his'capacity as a producer-handler. (2) Milk received at a regulated plant insert a new paragraph (e) to read as in bulk from an unregulated plant to follows: (c) The plant also meets all the ap plicable pooling requirements of the be processed and packaged, and for (e) If moved to a plant subject to theMerrimack Valley order, and the com which an equivalent quantity of pack Merrimack Valley or Worcester orders, bined quantity of Class I milk disposed in aged fluid milk products, other than they shall be classified in the class to the Merrimack Valley marketing area cream, is returned to the operator of the which they are assigned under such directly to consumers, and of milk unregulated plant during the same other order, except that if moved in month, if such(receipt of bulk milk and shipped to Merrimack Valley city plants return of packaged fluid milk products packaged form they shall be classified aa at which more than 50 percent of the Class I milk. occurs during an interval in which the total receipts of fluid milk products facilities of the unregulated plant at 11. Delete § 996.20 and substitute other than cream is disposed of as Class which the milk is usually processed and therefor the following: I milk, exceeds the combined quantity packaged are temporarily unusable be o f such disposition and shipments in the cause of fire, flood, storm, or similar § 996.20 Basic requirements for pool Springfield marketing area. plant status. Subject to the provisions extraordinary circumstances completely (d) Each of a handler’s plants which is beyond the handler’s control; or of § 996.23, each receiving plant shall a nonpool receiving plant during any of be a pool plant in each month in which (3) Packaged fluid milk products, it meets the applicable requirements the months of October through February other than cream, received at a regu shall not be a pool plant in any of the lated plant from an unregulated plant of §§ 996.21 or 996.22, together With the following months of March through following basic requirements: in return for an equivalent quantity of September in which it is operated by the bulk milk moved from a regulated plant (a) A majority of the dairy farmers same handler, an affiliate of the handler, delivering milk to the plant hold certifi for processing and packaging during the or any person who controls or is con same month. cates of registration issues pursuant to trolled by the handler, unless its opera Chapter 94, sections 16C and 16G, of tion during October through February 6. In § 999.4 insert a new paragraph the Massachusetts General Laws. was in the handler’s capacity as. a (j) as follows: (b) ' The handler operating the plantproducer-handler. holds a license which has been issued by (j) “Packaged fluid milk products” the milk inspector of a city or town in 14. In § 996.27 (b) insert after the means fluid milk products which have the marketing area, pursuant to Chapter word “Receipts” the phrase “in bulk”. been placed in containers for disposition 94, section 40, of the Massachusetts Gen 15. Renumber § 996.27 (c) as (d) and to consumers and have not been removed eral Laws, or a majority of the dairy insert a new paragraph (c) to read as from those containers prior to such farmers delivering milk to the plant are follows: disposition. approved by such an inspector as sources (c) Receipts in packaged form of fluid 7. In § 999.16 (d) delete the phrase of supply for milk for sale in his munici milk products, other than cream, from “If moved to a plant subject to the New pality. regulated plants under the Merrimack York, Boston, Merrimack Valley, or 12. Delete § 996.22 and substitute Valley or Worcester orders shall be as Springfield orders” and substitute there therefor a new § 996.22 to read as signed to Class I milk. for the phrase “If moved to a plant sub follows: ject to the New York or Boston orders”. Worcester order: 8. Renumber § 999.16 (e) as (f) and § 996.22 Additional requirements for 1. Delete the first sentence of § 999.2 insert a new paragraph (e) to read as country pool plants, (a) Each country (e) and substitute the following: “ ‘Pro follows: receiving plant shall be a pool plant in ducer’ means any dairy farmer whose milk is delivered from his farm to a pool (e) If moved to a plant subject to the any month in which more than 30 per Merrimack Valley or Springfield orders, cent of its total receipts of fluid milk plant, except a dairy farmer for other products, other than cream, is disposed markets, a dairy farmer with respect to they shall be classified in the class to exempt milk delivered, and a producer- which they are assigned under such of as Class I milk directly to consumers other order, except that if moved in in the marketing area or is shipped as handler.” milk to city plants at which more than 2. Delete § 999.2 (i) and substitute the -packaged form they shall be classified as 50 percent of the total receipts of fluid following: Class I milk. milk products, other than cream, is dis- (i) “Producer-handler” means any 9. Delete § 999.20 aiid substitute there posed of as Class I milk. for the following: (b) Any country plant which meets dairy farmer who operates a processing the pool plant requirements under this and packaging plant from which Class I § 999.20 Basic requirements for pool order during each of the months of Oc milk is disposed of in the marketing area, plant status. Subject to the provisions tober through February and which is a and who receives no milk, other than of § 999.23, each receiving plant shall be pool plant under this order or under the exempt milk, from other dairy farmers a pool plant in each month in which it Boston, Merrimack Valley, or Worcester except producer-handlers. meets the applicable requirements oi Friday, March 8, 1957 FEDERAL REGISTER 1521 §§999.21 or 999.22, together with the (c) Receipts in packaged form of fluid Done at Washington, D. C. this 5th following basic requirements: milk products, other than cream, from day of March 1957. (a) A majority of the dairy farmers regulated plants under the Merrimack [seal] M. R. Clarkson, delivering milk to the plant hold certifi Valley or Springfield orders shall be as Acting Administrator, cates of registration issued pursuant to signed to Class I milk. Agricultural Research Service. C hapter 94, sections 16C and 16G, of the Issued at Washington, D. C., this 5th [F. R. , Doc. 57-1789, Filed, Mar. 7, ? 1957; Massachusetts General Laws. day of March 1957. (b) The handler operating the plant 8:54 a. m.] holds a license which has been issued by [seal] R oy W. Lennartson, Deputy Administrator. the milk inspector of a city or town in DEPARTMENT OF COMMERCE the marketing area, pursuant to Chap [F. R. Doc. 57-1787; Filed, Mar. 7, 1957; ter 94, section 40, of the Massachusetts ' 8:54 a. m.] " Federal Maritime Board General Laws, or a majority of the dairy farmers delivering milk to the plant are ' [ 46 CFR Part 235 ] approved by such an inspector as sources [Docket No. 789] of supply for milk for sale in his mu Agricultural Research Service nicipality. F iling of F reight R ates in F oreign I m- - port Commerce of the U nited S tates 10. Delete § 999.22 and substitute, [ 9 CFR Part 131 1 therefor a new § 999.22 to read as [Docket No. A016-A5] AMENDMENT TO NOTICE OF ORAL ARGUMENT follows: The notice of oral argument in this Handling of An t i-H og-C holera S erum §999.22 Additional requirements for docket which was served February 28, and H og-Cholera Virus country pool plants, (a) Each country 1957 is hereby amended so that the last receiving plant shall be a pool plant in NOTICE OF REOPENING OF HEARING ON PRO two paragraphs thereof will read as any month in which more than 50 per POSED AMENDMENTS TO MARKETING follows: cent of its total receipts of fluid milk AGREEMENT AND ORDER, AS AMENDED Now therefore, notice is hereby given products, other than cream, is disposed that oral argument will be heard by the of as Class I milk directly to consumers Pursuant to the provisions of the Anti- Hog-Cholera Serum and Hog-Cholera“ Board, on March 19, 1957, beginning at in the marketing area or is shipped as 9:30 a. m., in Room 4519 New G. A. O. milk to city plants at which more than Virus Marketing Agreement Act (7 Building, 441 G Street NW., Washing 50 percent of the total receipts of fluid U. S. C. 851 et seq.) and the rules of prac tice and procedure governing formula ton, D. C., with respect to (1) whether milk products, other than cream, is dis the Board has statutory authority to is posed of as Class I milk. tion of Marketing Agreements and Marketing Orders applicable to anti sue the proposed rule, and (2) any other (b) Any country plant which meets question germane to such rule and/or the pool plant requirements under this hog-cholera serum and hog-cholera virus (9 CFR Part 132), notice is hereby given the issuance thereof, on which respond order during each of the months of Oc ents and other interested persons may tober through February and which is a that the hearing held in Kansas City, Missouri, on July 23, 1956, on proposed desire to be heard. pool plant under this part or under the All respondents and other interested Boston order during each of such months amendments to the marketing agree ment and to the order, as amended, regu persons in this proceeding are requested shall be a pool plant continuously for to notify the Secretary, Federal Mari the following months of March through lating the handling of anti-hog-cholera serum and hog-cholera virus, pursuant time Board, Washington, D. C. immedi September, regardless of the quantity ately whether they will participate in to notice duly published in the F ederal then disposed of in the nlarketing area, the oral argument and, if sq, the amount R egister (21 F. R. 4519), is hereby re if the handler’s written request for pool of time desired for’ argument. plant status for such seven-months’ pe opened for the purpose and to the extent riod is received by the market adminis hereinafter set forth. The reopened Dated: March 6, 1957. trator before March 1 of that year. hearing will be held in the United States By order of the Federal Maritime Changes in the identity of the handler Courts Building, Court Room of the U. S. Court of Appeals for the Eighth Circuit, Board. operating the plant shall not affect the J ames L. P imper/ application of this paragraph. Sixth Floor, 811 Grand Avenue, Kansas Secretary. City, Missouri, on Monday, April 15, 11. Add a new § 999.23 to read as 1957, beginning at 10:00 a. m., c. s. t. [F. R. Doc. 57-1821; Filed, Mar. 8, 1957; follows: The purpose of the reopened hearing 8:51 a. m.] § 999.23 Conditions resulting in non- is afford interested parties opportunity Pool plant status. Any plant shall be a to submit additional evidence With re nonpool p lan t in any month in which spect to the proposed provision regard FEDERAL COMMUNICATIONS the following conditions apply: ing “bids” contained in Proposal No. 5 COMMISSION (a) The plant has the status of a pool of the aforesaid notice of hearing, and Plant under the provisions of the Boston the recommended findings, conclusions [ 47 CFR Part 3 ] or New York orders. and proposed order provision with re (b) The plant is operated by a handler spect thereto issued by the Acting Chief, [Docket No. 11754; FCC 57-184] in his capacity as a producer-handler. A nim al Inspection and Quarantine T elevision B roadcast S tations (c) Except as provided in § 999.22 (b), Branch, on October 22, 1956 (21 F. R. each of a handler’s plants which is a 8326). Evidence also will be received in TABLE OF ASSIGNMENTS nonpool receiving plant- during any of regard to the submission by handlers In the matter of amendment of § 3.606, the months of October through Febru of sealed bids at other than posted prices Table of Assignments, Television Broad ary shall not be a pool plant in any of in response to public invitations to bid cast Stations (Madison, Wisconsin- the following months of March through issued by Federal or State agencies who Rockford, Illinois-Fond du Lac, Wiscon September in which it is operated by the- are classified as “wholesalers” under the sin. same handler, an affiliate of the handler, order. The reopened hearing will be 1. The Commission has before it for or any person who controls or is con consideration its Notice of Proposed trolled by the handler, unless its opera confined to evidence on the foregoing issues regarding “bids”. Evidence on Rule Making issued in this proceeding tion during October through February on June 26, 1956 (FCC 56-595) pro ^as in the handler’s capacity as a pro other issues will not be received. posing to change the noncommercial ducer-handler. Copies of this notice of reopening of educational assignment at Madison, 12. In § 999.27 (b) insert after the hearing may be procured from the Hear Wisconsin, from Channel 21 to Channel 3 word “Receipts” the phrase “in bulk”. ing Clerk, Room 112, Administration by making the following changes in the 13. Renumber § 999.27 (c) as (d) and Building, United States Department of Table of Assignments for Television insert a new paragraph (c) to read as Agriculture, Washington, D. C., or may Broadcast Stations (§ 3.606 of the Com follows: there be inspected. ’ mission’s rules) ; 1522 PROPOSED RULE MAKING
VHF over UHF for educational purposes bearing on our decisions in the individual Channel No. City and that it did not object to a shift from cities. We stated that in markets with Channel 21 to Channel 3 if funds could one or more commercial VHF, the merits Present Proposed be procured to cover the expense in of proposals to eliminate a VHF com volved, and stated that it has taken no mercial assignment would depend to a 3, *21,27,33 *3,21,27,33 action to indicate a change in its posi large extent on such factors as: tion. Contending that the pleading was 1. Whether significant numbers of ♦Reserved for educational use. not a reply comment, since it replies to people would lack service as a result of The Commission also has under consid nothing, and that as an original com the elimination of the VHF channel. eration (see Memorandum Opinion and ment it was untimely filed, Radio Wis 2. Whether one or more UHF stations Order, released October 22, 1956, FCC consin (WISC-TV) has filed a motion are operating in the area. 56-1008) a counterproposal submitted to dismiss the,/“Reply”. We do not see 3. Whether a reasonably high propor by Winnebago Television Corporation, how Radio Wisconsin, of all the parties tion of the sets in use can receive UHF permittee of Station WTVO, operating in this proceeding, could possibly be signals. on Channel 39 at Rockford, Illinois, prejudiced by our consideration of the 4. Whether the terrain is reasonably proposing to shift Channel 3 from document. Moreover, we are of the favorable for UHF coverage. Madison to Rockford by making the view that the “Reply” of the State Coun 5. Whether, taking into account all following changes in the Table of cil serves as a basis for evaluation of the the local circumstances, the elimination Assignments:1 conflicting claims by Radio Wisconsin of a VHF channel would be consistent and the proponents of the Commission’s with the objective of improving the proposal as to the use that would be Channel No. opportunities for effective competition City made of Channel 3 for educational pur among a greater number of stations, i poses if the Commission’s proposal Similarly, we noted that the desirabil Present Proposed should be finalized, and that it there ity of assigning additional VHF channels fore should properly bo treated as a re to communities would depend principally Madison, Wis ...... 3, *21,27,33 *21, 27,33,39 13,39, *45 3,13, *45 ply comment in this proceeding. upon such factors as: 54 68 4. We look upon the “Reply” of the 1. Whether it is possible to locate the State Council as merely a statement that new transmitter so as to meet m in im u m ♦Reserved for educational use. it would like to shift its operation from transmitter jspacings. Channel 21 to Channel 3 if it could afford 2. Whether, in cases where it is neces 2. Comments were filed by the fol>? the expense involved in the move. T his sary to move the channel from another lowing interested parties: Radio Wis statement, in the context of the circum city, there is greater need for the chan consin, Inc., permittee of Station WISC- stances, leads only to the conclusion that nel in the area to which it is proposed to TV, Channel 3 at Madison, and the it would not be in the public interest to be assigned. Wisconsin Committee to Save Existing effectuate any change in the Madison 3. Whether the addition of a new VHF Rural Television Service opposed any educational reservation. Station WHA- assignment would be consistent with the change in the Table of Assignments. TV presently operates with low power objective o f improving the opportunities Bartell Television Corporation, operator (10.7 kw with an antenna height of 230 for effective competition among a greater of Station WMTV, Channel 33 at Mad feet above average terrain) and is on the number of stations. ison, and the Joint Council on Educa air only 20 hours per week, 4 hours per We Will consider the proposal to shift tional Television supported the change day Monday through Friday. There is Channel 3 to Rockford in the light of in the educational reservation in Madi no indication of any possibility that those factors. son to Channel 3 as proposed by the funds would be available in the. reason 6. Madison is located in Dane County Commission. M onona Broadcasting ably near future for either improvement in the south central part of Wisconsin, is Company, permittee of Station WKOW- of the technical facilities or extension of rated as the 102nd market, and has a TV, Channel 27 at Madison, also sup the broadcast day. Indeed, all the indi population of 96,056 and a metropolitan ported the Commission’s proposal, and cations are to the contrary, since in 1955 area population of 169,357. There are indicated a conditional approval of the the people of Wisconsin overwhelmingly now operating in Madison one VHF tele counterproposal to shift Channel 3 to rejected a referendum proposal to estab vision station and three UHF stations, Rockford. Winnebago Television Cor lish a statewide educational network. one of which is non-commercial educa poration, operator of Station WTVO, Quite obviously, the operation of Station tional. The VHF station (WISC-TV) Channel 39 at Rockford, Illinois, and the WHA-TV is a holding operation, with commenced operation in June 1956, while American Broadcasting Company urged little or no likelihood that the State Radio the UHF commercial stations that Channel 3 be deleted from Madi Council could find the means to convert (WKOW-TV and WMTV) have been on son and assigned to Rockford. the station for operation on Channel 3. the air since 1953. It is agreed that about 3. On December 28, 1956, the last day Thus, since adoption of the Commission’s 99 percent of the television sets in Madi for filing reply comments in this pro proposal would require the station to son and Dane County can receive UHF ceeding, the Wisconsin State Radio cease operation on Channel 21 and oper signals, and only all-channel sets are Council, licensee of Station WHA-TV, a ate on Channel 3 or not at all, a change being sold in the Madison area. noncommercial educational television in the authorized assignment could well 7. No Grade B signals, other than from station operating on Channel 21 at Mad be the death knell of educational tele the local stations, are received in Madi ison, filed a pleading captioned as a vision in Madison. Clearly, the public son. However, to the east a substantial “Reply” and described in the body there interest would not be served by further portion of the service areas of the Madi of as “its reply as to why said respond consideration of the proposal, and we son UHF stations receives Grade B serv ent’s outstanding authorization should shall pass to the consideration of the ice from VHF stations in Milwaukee, not be modified to specify operation on counterproposal to shift Channel 3 to while to the south VHF Station WREX, Channel 3 in place of Channel 21.” The Rockford. • Rockford, Illinois, provides Grade B serv Council referred to its participation in 5. As we noted in our Report and Order ice to a substantial area also served by prior proceedings (Dockets numbered of June 26, 1956 (FCC 56-587) in the the Madison UHF stations. To the 8736, 8975, 8976, 9175, 11335) as indicat general television allocation proceeding north and west of the city, Grade B con ing its position to be that it favored in Docket No. 11532, because of the tours of the UHF stations are not sub widely varying circumstances in individ jected to any invasion of Grade B sig 1 As an alternative Winnebago urged in ual markets and the numerous factors nals except for a slight penetration from comments filed herein that, if Channel 3 bearing on the choice of techniques in Station WKBT, La Crosse, Wisconsin. is not assigned to Rockford, the Rockford any individual community or area, it is While it is clear that the terrain to the area be deintermixed by deleting Channel impossible to formulate rigid criteria in east and southeast of Madison is rela 13. Since no other channel was proposed as a substitute for Channel 13 and no com order to indicate the course that would tively smooth and favorable for the prop ments supporting this proposal were re best serve the public interest for each agation of UHF signals, the terrain to ceived, it will not be considered in this community. We did conclude, however, the north and west is rough and broken. proceeding. that certain considerations would have a As would normally be expected, and as Friday, March 8, 1957 FEDERAL REGISTER 1523 field Intensity measurements made by by measurements made by others in be necessary to replace any lost service the opposing parties show, the attenua similar terrain, and since in many in not otherwise regained. Monona also tion of the UHF signals in these areas is stances the measured fields are greater contends that considerations of loss of greater than in the area to the east. than free-space fields as far as 20 miles service should not be limited to Grade At the same time, the population in these from the UHF transmitter, they are in B signals since satisfactory service is re areas is more scattered and communi our opinion substantially too high, espe ceived beyond the Grade B contour, and ties that could be expected to support cially at distances beyond the radio hori that surveys have shown that in the television stations under present condi zon. On the other hand the WISC-TV “white areas” here involved many tions are few and far-between, as is well measurements appear to coincide more persons were receiving satisfactory serv demonstrated by the fact that within a closely with the best available data oh ice from one or more stations even be triangle bounded by Madison, La Crosse UHF propagation. Accordingly, in the fore WISC-TV went on the air. Such and Dubuque, Iowa, only one commer absence of disinterested measurements considerations (service beyond Grade B cial allocation hqs been made, i. e., Chan we feel warranted in relying to a contours and potential service from new nel 15 at Richland Center, population of greater extent on the measurements of or improved facilities) are by no means 4,608, located about 55 miles from both WISC-TV.a immaterial in allocation matters, but the La Crosse and Madison. It is in this 10. The operation of a station on weight to be given to such factors in a area to the north and west of Madison Channel 3 at Rockford, Illinois, would particular case will depend upon the that “white area” would be expected if have no effect upon the “white area” to evaluation of other more decisive factors, the north of Madison, which Monona and including the effects of the shift of a Channel 3 should be deleted from Madi channel to another area, in this case son. W innebago Television Corporation 8. Since any computation of the area (WTVO), through the same engineer, , Rockford. and population that would lose service compute as 684 square miles with a popu 12. Rockford is located in north cen- ^ lation of 11,644, and which, of course, is tral Illinois about 55 miles south of Mad by the deletion of Channel 3 from Madi ison and 79 miles northwest of Chicago. son must of necessity be grounded on so estimated to be substantially greater by WISC-TV. As to the “white area” to the It is rated as the 112th market and has many variables and assumptions, includ a population of 92,927 and a metropoli ing antenna heights and operating southwest of Madison, the proponents of deintermixture contend that this entire tan area population of 152,385. It has powers to be employed in the future been allocated and there are now op and additional stations that might take area would receive service from a station on Channel 3 at Rockford operating with erating one VHF station (WREX4TV) the air, no precise computations can be and one UHF station (WTVO). Station made. The problem is made more com maximum power .and antenna height. _ On the otjier hand, WISC-TV estimates WTVO, the only UHF station operating plex by the fact that the propagation in Northern Illinois, has been on the air curves presently available and known that the total white areas, including the area to the north,of Madison, would be since April 1953, while WREX-TV went methods of computation do not lend on the air in September 1953. The only themselves to precise determinations of 1,672 square miles with a population of 59,233 if the Rockford station operated outside station which places a Grade B coverage at specific locations. Even signal in the'city of Rockford is WISC- field intensity measurements are not a with maximum power and aptenna height, and 2,143 square m ilesw ith a TV. However, the Grade B service area complete answer to the problem, since of WTVO also receives Grade B service different techniques and methods in the population of 74,345 if the Rockford station operated with 50 kw power and in part from VHF stations in Chicago, taking of measurements and their anal Milwaukee, Rock Island^ and Davenport, ysis can lead to widely varying results. an antenna height of 650 feet. It is our judgment that—the white area would Iowa, as well as from the UHF stations Thus, any computation of “white area” in Madison. Winnebago (WTVO) is largely a matter of judgment in which more nearly approximate the calcula tions by WISC-TV. This judgment is agrees that the conversion of sets for individuals may reasonably differ. This the reception of UHF signals is reason is especially so when, as here, the “white based upon the considerations discussed in paragraph 9 and also upon the fact ably satisfactory in Rockford and the area” calculations are based on a com area between Rockford and Madison, but bination of measurements and compu that ^terrain to the north and west of Madison is sufficiently rough to result in alleges that the picture is less favorable tations from average propagation curves. in other rural areas. 9. All parties agree that WISC-TV additional pockets of white area due to shadowing within the Grade B contours 13. In order to maintain the required has been providing the only Grade B mileage separations from the transmit service to an area about 50 miles north of the UHF stations as computed by the parties. ters of existing stations, the transmitter of Madison and to another area about of a station operating on Channel 3 at 50 miles southwest of the city. But 11. In recognition of the “white area” problem, Monona claims that on the Rockford would have to be located at there is a very wide discrepancy be some distance from the city in the di tween the claims of the opposing parties basis of its measurements a UHF station operating in Madison with power of 1,000 rection of Madison. If located as far as as to the extent of these areas. The possible from Madison (43 miles) and discrepancy results from differences of kw and an antenna height of 1,200 feet would have greater coverage than operating at the maximum power and from 15 to 20 miles in the radii of height, as proposed by Winnebago, its coverage of one of the UHF stations as WISC-TV as presently operating on Channel 3, thus eliminating any “white Grade A contour would be very close to measured by the opposing- parties. the city of Madison, and its Grade B Thus, Monona Broadcasting Company area” resulting from the deletion of Channel 3,3 and asserts that, if Madison contour would overlap practically all of has computed these “white areas” to be the Grade B contours of the Madison a total of 1,163 square miles with a popu is deintermixed, it will improve its fa cilities to the extent indicated, or, in the UHF'stations. Under the Commission’s lation of 28,629, while Radio Wisconsin rules the transmitter could be located (WISC-TV) has computed the “white alternative, will build satellite stations at Dubuque, Iowa and Portage, Wis within 33 miles of Madison, in which areas” to be a total of 3,164 square miles event the city of Madison would be within with a population of 192,159. Each consin.4 It also asserts that in addition the Grade A contour. If a station op Party concedes' that the difference in it will operate such translators as may ______- / erating on Channel 3 at Rockford op their results is quite substantial and can- erated with less than the maximum hot be explained by normally expected * In its reply comments Monona requested facilities, it would still provide accept differences in techniques or equipment.. that the measurements of WISC-TV and the computations based thereon be stricken able service to Madison and its immedi Each party has alleged various defects from the record. Radio Wisconsin (WISC- ate area, and would not fill in as much m the method used by the other. How TV) opposed this request. As indicated “white area” to the southwest of the ever, the principal controversy centers above, we deny Monona’s request. city. on the respective methods of calibration * WISO-TV disputes this claim and asserts 14. A Channel 3 station at Rockford °f the measuring equipment. In our that on the basis on its measurements a operating at maximum power and opinion the method used by Monona in UHF station would have to utilize power far height would, according to Winnebago, volves numerous opportunities for mis- In excess of present maximum in order to provide the first Grade B service to an fill in the white areas. area of 96 square miles with a popula , fading results. In any event, since the * In its reply comments Bartell Television measured fields of Monona are so inueh Corporation (WM-TV) indicated an intention tion of 3,999 to the southeast of Rock greater than indicated by our rules and to pursue a similar course of action. ford. In view of the much greater. 1524 PROPOSED RULE MAKING
“white area” which would result from ford area under the present allocations 2. Comments in favor of the pro the deletion of Channel 3 from Madison that would be the case if Channel 3 were posals were made jointly by New Britain (see paragraphs 8 and 9), it cannot be shifted to Rockford. Broadcasting -Company (WKNB-TV, said that there is a greater need for 16. On February 25, 1957, Winnebago Channel 30, New Britain, Connecticut) ’ Channel 3 at Rockford than at Madi (WTVO, Rockford), filed a petition for Hampden - Hampshire Corporation son. Rather, it appears to us that the leave to lile additional comments, sug (WHYN-TV, Channel 40, Springfield- Madison area with its rougher terrain gesting that a change in the transmitter Holy oke, Massachusetts), Springfield has the greater need for the longer range location of Station WCIA, Channel 3, Television Broadcasting Corporation propagation afforded by a VHF station, Champaign, Illinois, would permit a (WWLP, Channel 22, Springfield, Mas and that, therefore, the continued allo Channel 3 station at Rockford to use a sachusetts), and Greenfield Television cation of Channel 3 to Madison would transmitter site southwest (instead of Broadcasting Corporation (WRLP, result in a more “fair, efficient and northwest) of the city at a distance of Channel 32, Greenfield, Massachusetts)’, equitable” distribution of the available 65 to 70 miles (instead of 43 miles) from and the latter three also filled joint facilities pursuant to the mandate of Madison. Because of the lateness of the reply comments.1 Comments in support section 307 (b) of the act.® request, the petition for permission to of the proposal were also filed by the 15. Moreover, it does not appear thatfile additional comments is denied. We Joint Council on Educational Television the proposed shift of Channel 3 would point out, however, that the offered so (JCET),2 American Broadcasting Com improve the opportunities for effective lution would not cure all the deficiencies pany, Capitol Television Corporation and competition among a greater number of and would aggravate the “white area” Intercity Broadcasters, Inc., the last two stations. Madison and Rockford are situation to the southwest of Madison. parties describing themselves as pros presently treated as separate television 17. In view of the greater need for a pective applicants for Channel 3 if it markets. Channel 3 at Rockford oper VHF channel in the Madison area and should be assigned to Providence. Com ating as proposed by Winnebago would our conviction that a change in assign ments and reply comments in opposition provide in the city of Madison what is ments would not improve the opportuni to the proposal were filed by Travelers tantamount to a Grade A signal, while ties for effective competition among a Broadcasting Service Corporation, condi the city does not now receive even a greater number of stations, we conclude tional grantee of Station WTIC-TV, Grade B signal from an outside station. that the shift of Channel 3 to Rockford Channel 3, Hartford, Connecticut, and Hence, Madison would not be effectively as proposed would be against the public WGBH Educational Foundation, licensee deintermixed. Indeed, with the VHP interest. We have also concluded that of non-commercial education Station competition for network affiliation and it would be contrary to the public in WGBH-TV, Channel 2, Boston, Massa national advertising coming from an terest to reserve Channel 3 for educa chusetts.3 . Other parties filed comments outside station straddling two markets, tional use at Madison (see paragraph 4). and reply comments favoring the pro there is far more likelihood that one of 18. Accordingly, it is ordered, That posal insofar as it involved deleting the three Madison stations would be this proceeding be terminated. Channel 3 at Hartford, but offered vari forced to cease operations than under the Adopted: February 26, 1957. ous counterproposals as to the new loca present allocations. Neither would the tion of the channel. Thus, Channel 16 competitive situation at Rockford be im Released: March 1, 1957. of Rhode Island, Inc,, permittee of Sta proved to the extent claimed by Winne tion WNET (operation suspended), bago. The disparity in coverage between F ederal Communications Commission,7 Channel 16, Providence, Rhode Island, the proposed operation of a Channel 3 has suggested that Channel 3, instead of station and WREX-TV would be greater [seal] Mary Jane Morris, Secretary. being assigned to Providence, be assigned than now exists between WREX-TV and to any one of six communities in Rhode WTVO, but to the disadvantage of [F. R. Doc. 57-1737: Filed, Mar. 7, 1957; Island: Cranston, -Warwick, Newport, WREX-TV instead of WTVO. It will not 8:46 a. m.] West Warwick, Westerly, or Narragan- do to say that coverage could then be sett Pier. Salisbury Broadcasting Cor equalized by improving .the facilities of poration, licensee of Station WWOR-TV WREX-TV.0 For this would serve to [ 47 CFR Part 3 ] (operation suspended), Channel 14, make the competitive situation at Madi Worcester, Massachusetts, has proposed son still worse-by the introduction of [Docket No. 11748; FCC 57-181] that Channel 3 be assigned to Worcester a second strong outside signal. In short, T elevision B roadcast S tations rather than Providence. Bridgeport we see far greater probability that at Broadcasting Company, permittee of least five commercial stations will con TABLE OF ASSIGNMENTS Station WICC-TV, Channel 43, Bridge tinue to operate in the Madison-Rock- In the matter of amendment of § 3.606, port, Connecticut, has suggested that Table of Assignments Television Broad Channel 3 be assigned to both Bridge 5 We therefore reject the argument made cast Stations (Hartford, Connecticut- port and Providence.® by Monona in its supplemental comments 3. The Notice of Proposed Rule Mak that section 307 (b) required the shift of Providence, Rhode Island). Channel 3 to Rockford, and that the instant 1. The Commission has before it foring (FCC 56-589) looking to the reallo case was closely analagous to the proposed consideration its Notice of Proposed Rule cation of Channel 3 from Hartford to shift of Channel 2 from Springfield, Illinois Making issued in this proceeding on June Providence was issued as a part of the to St. Louis, Missouri. Further, we point 26, 1956 (FCC 56-589) proposing to shift interim program of channel assignments out that, since Channel 2 had never gone Channel 3 from Hartford, Connecticut announced in the Commission’s Report on the air at Springfield, no person will to Providence, Rhode Island, by making and Order of June 26,1956 (FCC 56-587) suffer a loss of service previously received, the following changes in the Table of in the general television allocations pro that the loss of potential service is rela ceeding in Docket No. 11532. At that tively insignificant, and that the gain of Assignments for Television Broadcast new first services resulting from the alloca Stations -<§ 3.606 of the Commission’s tion of Channel 2 to St. Louis and Terre rules) : 1Soon after the filing of original com Haute will approximately balance the po ments the Commission approved the sale of tential loss. Monona’s argument is based Channel No. WKNB-TV to the National Broadcasting largely on the premise that section 307 (b) City Company, Inc., which did not file any com ments with respect to the Commission’s requires that VHF channels be allocated Present Proposed among the several States in proportion to proposal. their respective areas and populations. We 2 In its reply comments JCET withdrew its consider the premise to be fallacious as ig Hartford, Conn__ — __ 3,18, *24 18, *24,61 support of the proposal. Meriden, Conn______65 8 The honorable Abraham Ribicoff, Gover noring the service that can be rendered by Easthampton, Mass____ 61 UHF stations. Clearly, in any fair, efficient Providence, R. I______10,12,16, *36 3,10,12,16, *36 nor of Connecticut, submitted reply com and equitable distribution of television'ehan- ments in support of the retention of Channel 3 at Hartford. nels the service to be rendered by UHF sta •Reserved for educational use. tions must be taken into account. 8 National Broadcasting Company, Inc. (li censee of Stations WRCV-TV, Ch. 3, Phila «In passing, we note that the present dis 7 Commissioners Hyde and Bartley dissent delphia, Pa., and WRCA-TV, Channel 4, New parity in the coverages of the Rockford sta ing and issuing statements, filed as part of York City, N. Y.) filed comments in opposi tions would disappear If the UHF station the original document; Commissioner Lee tion to the proposed assignment to Bridge should improve its operating facilities. dissenting. port. « Friday, March S, 1957 FEDERAL REGISTER 1525 time it seemed to a majority of the Com objective of improving the opportunities stations: WATR-TV, Waterbury, Con mission -that the deintermix proposal * for effective competition among a greater necticut; WICC-TV, Bridgeport, Con merited consideration as a possible so number of stations. necticut; WCDB, Hagaman, New York; lution to some of the problems facing 5. The area involved in this proceeding and WTRI and WCDA, Albany, New the expansion of television broadcasting lies between the large metropolitan York. An additional UHF service will in the area, it appearing that it offered centers of New York City, New York, be provided in the northern part of the reasonable pros'pect for improving the * and Boston, Massachusetts, and is one Valley when WRLP, Channel 32, Green opportunities for effective competition of the most densely populated sections of field, Massachusetts, a satellite of WWLP among a greater number of stations in the United States. In the area there are in Springfield, goes on the air. It is also the southern New England area. Now, many cities with populations of 75,000 expected that WMGT, Channel 19, after carefully considering the comments or mo/e.8 However, because of their Adams, Massachusetts, will resume submitted by interested parties, a ma location and the scarcity of VHP chan operations as a “satellite” of WCDA in jority of the Commission has reached nels, it has not been possible to allo Albany.8 The only Grade A VHF signal the conclusion that adoption of the pro cate more than five VHF channels in the now received in the Connecticut River posal or any of the counterproposals entire area: Channel 6 to New Bedford, Valley is from WNHC-TV, New Haven, advanced by the parties would not be in Massachusetts; Channels 10 and 12 to Connecticut, and this grade of signal the public interest. Providence, Rhode Island; Channel 8 to does not reach the Connecticut-Mas- 4. As was pointed out In the ReportNew Haven, Connecticut; and Channel 3 sachusetts border. That station’s Grade and Order of June 26, 1956 (par. 31): to Hartford, Connecticut. Such cities as B contours extends north beyond Spring- “Because of the widely varying circum Springfield and Worcester, Massachu field, Massachusetts. Other Grade B stances in individual markets and the setts, and Bridgeport, Connecticut, with signals are received in parts of the Valley numerous factors which bear on the large metropolitan areas, have no VHP- from the following VHF stations: choice of techniques in any individual assignments. It is thus clear that, if the WRGB, Schenectady, New York; WBZ- community or area, it is not possible to cities in the area are to have locally TV, Boston, Massachusetts; and WJAR- formulate rigid criteria whose perfunc originating television services, they must TV and WPRO-TV, Providence, Rhode tory application to individual cases will depend for the most part on UHF Island. None of these Grade B signals automatically indicate the course which stations. reach the Hartford metropolitan area. would best serve the public interest in 6. The commercial television assign 7. With the scarcity of VHF signals each community.” After further exten ments at Providence, and there are no and the availability of many UHF serv sive consideration of the problem of other commercial assignments in the ices, it is naturally to be expected that deintermixture, and even with the as State'of Rhode Island, are Channels 10, the percentage of sets converted for the sistance of the detailed comments of 12, and 16. The VHP Channels,(10 and reception of UHF signals is compara interested parties in the industry, it is 12) are in use, but the operation of Sta tively high in the Connecticut River Val still impossible to point to any rigid cri tion WNET on Channel 16 was termi ley. Even the opponents of the pro teria as the basis for decision. Hence, nated in July, 1955. There are at present posed deletion of Channel 3 from Hart the decision in this proceeding has been two UHF stations operating in the Hart ford concede that in and near Hartford reached after careful evaluation and ap ford-New Britain area: WHCT Channel more than 93 percent of all television plication to the situation here presented 18, Hartford, and WKNB-TV, Channel homes can receive UHF signals, and that of the considerations outlined in the 30, New Britain, now owned by Columbia the conversion iate approaches 100 per Report and Order of June 26, 1956 (par. Broadcasting System, Inc., and National cent in Hampden County (Springfield- 31): Broadcasting Company, Inc., respective Holyoke), Massachusetts. However, as In markets with one or more commer ly. Channel 3, the subject of this pro is also to be expected, the rate of con cial VHP assignments, the merits of pro ceeding, is also assigned to Hartford, version falls off as one leaves the vicinity posals to eliminate a VHP commercial as but there are no other commercial as of Hartford and approaches areas Where signment would depend to a large extent signments, either VHF or UHF, for the VHF signals are received. Thus, there on such factors as: _ metropolitan area.7 The Hartford-New is little conversion in New Haven, where 1. Whether- significant numbers of Britain metropolitan area lies in the a VHF station is on the air, or even in people would lack service as a result of Connecticut River Valley, which has Waterbury and Bridgeport, where UHF elimination of the VHP channel. been defined as an area 100 miles-long stations are operating but service is re 2. Whether one or more UHF stations and extending about 20 miles on each ceived from VHF stations in New York are operating in the area. < side of the river. This area includes City. Areas adjacent to Rhode Island, 3. Whether a reasonably high propor within its confines the metropolitan area including the city of New London, whifth tion of the sets in use can receive UHF of Springfield-Holyoke, Massachusetts. receive service from Providence stations, signals. .. i || '.•v-StC On its borders are such centers as New have little or no conversion. 4. Whether the terrain is reasonably Haven and Waterbury, Connecticut, 8. The operation of UHF stations in favorable for UHF coverage. Worcester and Adams-Pittsfield, Mas the Hartford-New Britain and Spring 5. Whether, taking into account all sachusetts. Two UHF stations are oper field-Holyoke areas, together with the the local circumstances, the elimination ating in Springfield-Holyoke (WWLP high conversion rate in those cities and of a VHP channel would be consistent and WHYN-TV), and parts of the area the intervening area, would seem to in with the objective of improving the op that would be served by a station operat dicate that UHF stations are capable of portunities for effective competition ing on Channel 3 at Hartford presently providing adequate service to those cities among a greater number of stations. receive service from five additional UHF and the immediately surrounding areas. The desirability of assigning a first- However, those opposing the deinter VHP channel or of adding an additional •Included among these are the following mixture of Hartford contend that, with VHP channel would depend principally (1950 populations in parentheses): in Massa the exception of a strip of about 15 to 20 upon: chusetts:, Worcester (203,000), Springfield miles on each side of the river, the Con (162.000) , Fall River (112,000), and New Bed 1. Whether it is possible to locate the ford (109,000): in Rhode Island: Providence necticut River Valley is poorly suited to new transmitter so as to meet minimum (249.000) and Pawtucket (81,000); and in transmitter spacings. Connecticut: Hartford (177,000), Bridgeport » Construction permits are held for the 2. Whether, in cases where it is neces (159.000) , New Haven 164,000), Waterbury following UHF stations (never on the air sary to move the channel from another (104.000) and New Britain (74,000). unless so indicated) which would, if acti city, there is greater need for the channel 7 In denying requests for the assignment vated, provide service to parts of the area in the area to which it is proposed to be of additional UHF channels to the Hartford within the Grade B contour if a Channel 3 area, the Commission said in its Sixth Re station at Hartford: WNLC-TV, New London, assigned. • port and Order (par. 284): “In view of the WELI-TV, New Haven, and WSTF, Stamford, 3. Whether; the addition of a new VHP total spectrum space' available for use in aU in Connecticut; WKNY-TV, Kingston, assignment would be consistent with the the State of Connecticut the Commission is New York (on the air from April 21, 1954, not in a position to grant any further as to July 25, 1956) ; WPTR-TV, Albany, New *The proposal, If adopted, would result in signments to Hartford for commercial pur York; WAAB, Worcester, Mass.; WWOR-TV, there being three VHP assignments in Provi poses. The assignments we have made Worcester (on the air from December 4, 1954, dence, and three UHF assignments (and no permit practically no further assignments to September 5, 1955); and WKNB-TV, *®1) in the Hartford-New Britain area. in either the VHF or the UHF." Keene, New Hampshire. 1526 PROPOSED RULE MAKING
UHF reception because of its wooded, tical, if not impossible, in view of such “fair, efficient and equitable” distribution rough, hilly terrain. This contention is factors as time and expense. We do of television facilities to each of the sev based, not only on a generally acknowl believe that the shadow areas depicted eral States and communities. edged characteristic of UHF service, but by the opponents would not be as severe 13. The foregoing consideration as to on field intensity measurements indicat as claimed, but, in view of the rugged the comparative needs of the respective ing a rapid rate of signal loss at distances terrain in parts of the Hartford area, cities would in itself foreclose a shift of beyond 20 miles. Of course, it must be we are practically certain that UHF serv Channel 3 from Hartford to Providence. conceded that the terrain in the Connect ice would not approach the ideal en There are, however, additional reasons icut River Valley is not as favorable for visioned by the proponents. There are, why the change should not be made. We UHF reception as the terrain in the vicin without doubt, throughout the areas of stated in our Report and Order of June ity of Springfield or Peoria, Illinois, for rougher terrain “pockets” where UHF 26,1956, that one of the prinicipal factors example, but we are not convinced that reception is not satisfactory, as is shown in a decision on adding an additional it is as unsuitable as the opponents would by the low conversion rate in Litchfield VHF channel would be whether it was have it. The measurements on which and Tolland Counties (adjoining Hart possible to locate the transmitter so as to they rely were taken at a height of only ford County on the west and east) where meet the minimum transmitter spacings. 10 feet above ground and extrapolated to the residents apparently prefer fringe In the allocation of Channel 3 to Provi a height of 30 feet (normal roof-top). service from VHF stations. A station dence the critical spacing requirements We are confident, and measurements operating on Channel 3 in Hartford are the separations from the transmitters taken by the proponents bear us out, that could fill in such “white” areas in Massa ' of noncommercial educational station field intensity measurements taken at chusetts as well as Connecticut to a WGBH-TV (Channel 2) and commercial the normal height of roof-top antennas much higher degree than could a UHF station WBZ-TV (Channel 4) at Boston. would show a much more favorable prop station. A Channel 3 station would also It is beyond dispute that the transmitter agation of UHF signals. We also note be more likely to provide a second serv of a station operating on Channel 3 that because of the comparatively short ice to persons now limited to one tele would, under our rules, have to locate so distances between cities with television vision service, either UHF or VHF. The far south of Providence that it could not stations on the air,s long range propaga opponents estimate that thè Connecticut provide a principal city signal over all tion of television signals is not as neces area so limited would be 884 square miles or even the greater part of the city. This sary in the public interest as it is in other with a population of 103,037. While fact alone would likewise prevent the areas of the nation. for the reasons set out above we do not proposed assignment. Hence, the pro 9. Even assuming that UHF stationsbelieve that the number will be as great ponents of the deintermixing of Hartford can provide a reasonably adequate serv as estimated, it is our judgment that place greater stress on the counterpro ice in the Hartford area, there still the number will be substantial in view posal to assign Channel 3 to any one of remains the question whether a signifi oLthe rugged terrain in part of the area. several communities in Rhode Island cant number of people would lack service 10. On the other hand, there is no south of Providence. as a result of the deletion of Channel 3 claim and it appears to be the fact that 14. Such an assignment would not in from Hartford. Both the proponents there is no “white” area in Rhode Island. our view make for a “fair, efficient and and opponents of the proposed deinter Rather, the entire State already has at equitable” distribution of the available mixture agree that, if computations of least two Grade B services and only an facilities any more than would the coverage are made in accordance with area estimated at 19 square miles is assignment to Providence. Since the the Commission’s rules, there would be limited to one Grade A service. Provi obvious principal purpose of the proposed no such “white” areas (without Grade dence receives Grade A service from its assignment would be to serve the City B or better service) resulting from the two local VHF stations and from WBZ- of Providence and since it »has been our removal of Channel 3. However, on the TV, Boston, and will receive another experience that a station in a small city basis of field intensity measurements14 Grade A service when Channel 5 at Bos located near a larger city must depend the opponents claim that the removal of ton goes on the air. The only compara to a great extent upon revenues derived Channel 3 would result in a “white” area ble service in the Hartford-New Britain from coverage of the larger city we of about 140 square miles with a pop metropolitan area is from its two local would feel justified in weighing the com ulation of approximately 56,000 in the UHF stations and station WNHC-TV at parative needs as we did in the case of State of Connecticut. We do not believe New Haven. Providence. And even looking at the that those measurements are conclusive, 11. Hartford is rated as the 27th mar proposed assignment as the first local since it is entirely possible that extreme ket and has a population of 177,397 with outlet for one of the Rhode Island com shadowing existing at ground levels may a metropolitan area population of munities, for the same reasons that we disappear at 30 feet, and it is difficult to 358,081. New Britain is considered a preferred Hartford over Providence, we make a correlation between the signal separate metropolitan area for census are of the view that the mandate of strength at 10 feet and at 30 feet in purposes, and thej population of the com section 307 (b) of the act would be more cluttered areas. Moreover, the measure bined metropolitan areas is 505,064. fully complied with by preferring Hart ments were necessarily taken on a limited Providence is rated as the 29th market ford or by restoring Channel 3 to New number of radials. Hence, on the record and has a population of 248,674 with a London, Connecticut, where it had been before us it is impossible to estimate metropolitan area population of 737,203, tentatively assigned prior to its assign with any certainty whether a “white” more than 135,000 of which are in Massa ment to Hartford. Moreover, we do not area would exist if Channel 3 were de chusetts. Hartford and the State of Con consider that the assignment of Channel leted at Hartford, and it would be im necticut are growing at a more rapid 3 to southern Rhode Island would make possible to remove all doubts in the rate than are Providence and the State for an efficient allocation. The proposed matter without minutely pin-pointed of Rhode Island. Connecticut’s popula transmitter site would meet the mini measurements, which would be imprac- tion is almost 3 times the population of mum mileage separations, but the line Rhode Island and is more than 4 times of adjacent channel interference with »For example, the distance from Hartford larger in area. Providence and Hartford WGBH-TV (Channel 2) and WBZ-TV to Springfield is only 26 miles; from Hartford are the capital cities of their respective to New Haven, 34 miles; and from Hartford (Channel 4) would fall within the limits to Waterbury, 23 miles. States and are so situated that a VHF of the city of Providence or in the thickly 10 As previously indicated, these measurestation in either city could render service settled area immediately adjacent to the ments were made at a height of 10 feet above to all or substantially all of its respective northern city limits. Thus, depending ground and extrapolated to a height of 30 State. upon the selectivity of receivers ana feet above ground. The proponents made 12. In consideration of the service and other conditions affecting reception, measurements at both 10 feet and 30 feet lack of service and the relative impor there would be problems with respect to above ground at some of the same points measured by the opponents, and assert that tance of the respective areas, we cannot the reception of the Channel 3 signal the dual measurements demonstrate the say that Providence has a greater need in the very city the serving of which inaccuracy of the extrapolations. The pro for Channel 3, or that the move to Provi would be the primary objective of tne ponents also contend that the routes chosen dence would result in a greater compli allocation. For example, a substantial for the field surveys were in deep valleys ance with the requirement of section number of the residents of Providence and thus not typical. 307 (b) of the Communications Act for a and vicinity may not be able to obtai Friday, March 8, 1957 FEDERAL REGISTER 1527 satisfactory reception of the Channel 3 supplemental comments, suggesting as a Channel 3 station would have to be lo signal, and other substantial numbers solution to the transmitter spacing prob cated at a minimum of 31 miles west of vho can receive the signal might be lem that WGBH Educational Foundation the center of Worcester and 28 miles dPDrived of the service from two Boston be ordered to show cause why it should from the nearest city limits. With op Siens (WBZ-TV and WGBH-TV) not be required to share the site and eration at maximum power and antenna which they have been accustomed to tower of WBZ-TV. Thfs change in' the height, it could not provide a principal receive. While our rules contemplate transmitter location of Station WGBH- city signal to any part of Worcester, and that adjacent channel interference will TV, it is alleged, would permit the lo would involve adjacent channel inter be ignored so long as minimum trans cation of a Channel 3 transmitter suffi ference within the city limits. Clearly, mitter spacings are met, we do not be ciently close to Providence to provide a this would not be a permissible alloca lieve'it would be in the public interest principal city signal over the entire city. tion. Moreover, the closest available to make the proposed allocation with Because of the lateness of the request, transmitter location to Worcestér would knowledge that such a substantial por and also because the offered solution does be only 27 miles from Hartford and 12 tion of the population to be served might not cure all the deficiencies in the pro miles from Springfield. It would be be adversely affecte«^ by the adjacent posal, the request for permission to file closer to Springfield by about 12 miles channel interference. supplemental comments is denied. than would the transmitter of the pro 15. In view of the basic deficiencies 17. There remains for discussion only posed Channel 3 station at Hartford. discussed above with respect to the allo the counterproposals with respect to the Consequently, a Worcester Channel 3 cation of Channel 3 to Providence or allocation of Channel 3 to Bridgeport, station would place a stronger signal in Rhode Island, we deenrft unnecessary Connecticut, and Worcester, Massachu both Hartford and especially Springfield and inappropriate to make any determi setts. The Bridgeport proposal is tied in than it would in Worcester. Under these nation as to whether adoption of the with the proposal to allocate Channel 3 circumstances the Connecticut River proposal would be consistent with the to Providence and would fall with it. Valley would not be effectively deinter- objective of improving the opportunities Moreover, the allocation of Channel 3 mixed. for effective competition among a greater at Bridgeport would involve the necessity 19. In view of the above considerations number of stations. of operation with low power and direc we are convinced that the adoption of the 16. Hampden-Hampshire Corporation tional antenna and would represent a Commission’s proposal or any of the (WHYN-TV, Springfield -Holyoke), substantial departure from the minimum counterproposals would not serve thè Springfield Television Broadcasting Cor co-channel spacing of 170 miles.u As we public interest, and we conclude there poration (WWLP, Springfield) and have often indicated, it is our view that fore that the allocation of Channel 3 Jo Greenfield Television Broadcasting Cor such allocations would not serve the pub Hartford should remain unchanged. poration (WRLP, Greenfield) have made lic interest at the present time. See 20. Accordingly, it is ordered, That this a joint request that oral argument be Memorandum Opinion and Order of De proceeding be terminated. held in this proceeding. We have care cember 19, 1956 (released December 27, Adopted: February 26, 1957. fully considered the documents filed by 1956) in Docket No. 11532 (FCC 56-1269). the various parties and have found them We reaffirm that view here. Released: March 1,1957. helpful in our deliberations. We are of 18. With respect to the proposal to re F ederal Communications the view that oral argument would not locate Channel 3 at Worcester, Massa Commission,“ be of any substantial assistance in the chusetts, it, too, presents problems as to [seal! M ary Jane Morris, resolution of the questions presented, a transmitter location. In order to Secretary. and accordingly the request is denied. maintain the required separation of 60 The same parties on February 21, 1957, miles from adjacent channel station [F. R. Doc. 57-1736; Filed, Mar. 7, 1957; filed a request for permission to file WBZ-TV (Boston), the transmitter of a 8:46/ a. m.l
NOTICES
lumber which is to be performed by the modification, together with request for DEPARTMENT OF COM M ERCE Port Authority or persons designated by hearing should such hearing be desired. the Port Authority. Dated: March 5, 1957. Federal Maritime Board (2) Agreement No. 8185-1 modifying Port op New Y ork Authority and AgreementNo. 8185 (described above) to By order of the Federal Maritime United P ort S ervice Co. provide that United Port Service Com Board. pany may berth passenger and cargo Geo. A. Viehmann, notice op agreements filed for approval vessels, other than tl\ose of the shipping Assistant Secretary. Notice is hereby given that the follow lines specified in the lease and that the [F. R. Doc. 57-1771; Filed, Mar. 7, 1957; ing described agreements have been filed charges for dockage, wharfage, storage, 8:50 a. m.] . with the Board for approval pursuant etc., will be atjeast equal in amount to to section 15 of the Shipping Act, 1916, (39 Stat. 733, 46 U. S. C. 814) : those set forth' in the Port Authority’s Schedule of Rates and Charges in effect (1) Agreement N<£ 8185 between The Grace Line, I nc., et al. Port of New York Authority and United at that time- at Port Newark. Port Service Company providing for the Interested parties may inspect these NOTICE OF AGREEMENTS FILED FOR APPROVAL leasing of certain lands, structures, fix- agreements and obtain copies thereof at the Regulation Office, Federal Maritime Notice is hereby given that the follow , rj1®8» improvements and other property ing described agreements have been filed " ^tPort Newark, Newark, New Jersey, to Board, Washington, D. C., and may sub with the Board for approval pursuant ymted Port Service upon completion of mit, within 20 days after publication of fo section 15 of the Shipping Act, 1916, construction work by The Port this notice in the F ederal R egister, 39 Stat. 733, 46 U. S. & 814: «ithority, for the purpose of exclusive written statements with reference to perthing privileges by thé Lessee for ' (1) Agreement No. 7796-5, between either of the agreements and their po Grace Line, Inc., and Cia, Sud-Ameri- J*®els of the steamship lines named in sition as _ to approval, disapproval, or ' id lease for the reception, temporary 12 Commissioners McConnaughey; Chair hanrtv6’ loading and unloading and 11 It is approximately 140 miles from Bridgeman; and Craven concurring in the result; Sidling of passengers, cargo, ships’ port to the transmitter of WRCV-TV (Ch. 3) Commissioners Hyde and Bartley dissenting *?’ supplies and gear on .or from in Philadelphia, and only 76 miles from and issuing statements filed, as part of haMHk *>erÎ;lled at said piers, except the Bridgeport to the proposed location of. a original document, Commissioner Lee dis «handling and othèr handling of Channel 3 station in Rhode Island. senting. No. 46---- 7 1528 NOTICES
cana de Vapores (Chilean Line), mod S e r v i c e poned to March 14, 1957, at 10:00 a. m. ifies approved pooling Agreement No. N o . Approxim ate m onthly sailings e. s. t., in Room E-210, Temporary 7796, as amended, by adding coal and 1 1 1-2 U. S. Atlantic (via Panama Canal) and California to Building No. 5, Sixteenth Street and dolomite in bulk in shipload quantities Indonesia-Malayaand return, Constitution Avenue NW., Washington to commodities listed in the agreement including Par East ports— D. C., before Examiner John A. Cannon! on which the parties have agreed not to Hong Kong and south, en pool southbound earnings. Agreement route; Dated at Washington, D. C., March 5 No. 7796, as amended, covers the trade 2 1 1-2 U. S. Gulf and Atlantic via Suez 1957. between U. S. Atlantic ports and Chilean to Indonesia-Malaya and re [seal] F rancis W. B rown, ports; and turn; Chief Examiner. (2) Agreement No. 7797-3, between 3 1 U. S. Gulf via Panama Canal Gulf & South American Steamship Co., and Far East to Indonesia- [F. R. Doc. 57-1793; Filed, Mar. 7, 1957; Malaya and return over the 8:55 a. m.] Inc., and Cia. Sud-Americana de Va same general route; pores (Chilean Line), modifies approved 4 1 U. S. Pacific Northwest via Far pooling AgreementNo. 7797, as amended, East to Indonesia-Malaya by adding coal and dolomitejn bulk in and return via California to [Docket No. 1705-6] shipload quantities to commodities Pacific Northwest; and listed in the agreement on which the 2 4-6 Round-the-World eastbound A irfreight R ate Case; Minimum Rates and westbound serving U. S. for Airfreight F orwarders parties have agreed not to pool earnings. Atlantic and California/In- Agreement No. 7797, as amended, covers donesia-Malaya, originating notice of oral argument the trades from U. S. Gulf ports to at U. S. Atlantic. Chilean ports." Notice is hereby given, pursuant to the 1 At least one sailing per month to return Interested parties may inspect these over the general track followed on the out provisions of the Civil Aeronautics Act agreements and obtain copies thereof at bound voyage, with some of the remaining qf 1938, as amended, that oral argument the Regulation Office, Federal Maritime, voyages continuing around the world. The in the above-entitled proceeding is as Board, Washington, D. C., and may sub sailing requirements for Service No. 1 and signed to be held on March 27, 1957, at mit, within 20 days after publication of Service No. 2 are additive and to the extent 10:00 a. m., e. s. t., in Room 5042, Com this notice in the F ederal x R egister, that sailings in one service are less than the merce Building, Constitution Avenue, be maximum number indicated for that service, tween 14th and 15th Streets, NW., Wash written statements with reference to sailings in the other service may be increased either of the agreements and their po commensurately. ington, D. C., before the Board. sition as to approval, disapproval, or 2 The 4-6 sailings are included In the Dated at Washington, D. C., March 5, modification, together with request for Round-the-World Westbound and Eastbound 1957. hearing should such hearing be desired. services determined to be essential by the Maritime Administrator as published in the [ seal] F rancis W. Brown, Dated: March 5, 1957. F ederal Register issues of June 22 and Octo Chief Examiner. By order of the Federal Maritime ber 13, 1955 (20 F. R. 4374 and 20 F. R. 7707) and do not amend or supersede those deter [F. R. Doc. 57-1791; Filed, Mar. 7, 1957; Board. minations. The term “round (around) the 8:55 a. m.] G eo. A. Viehmann, world” as used herein in connection with Assistant Secretary. sailings and sailing requirements refers to IP. R. Doc. 57-1769; Filed, Mar. 7, 1957; cargo ships sailings and excludes combination 8:50 a. m.] (passenger-cargo) ship sailings. [Docket No. SA-324] . . j It is determined that C-3 type freight Accident Occurring at R ikers Island, ers are suitable for this trade and that 'N. Y. for interim operations C-2’s and to some Maritime Administration extent Victory type freighters are suit NOTICE OF HEARING able to round out sailin% requirements In the matter of investigation of acci T rade R outes No. 17—U. S. Atlantic, of United States flag lines as a whole. dent involving aircraft of United States Gulf and Pacific P orts/I ndonesia- New ships for this trade should have Registry N 34954, .jwhich occurred at Malava adequate refrigerator and deep tank Rikers Island, New York, February 1, MODIFICATION OF CONCLUSIONS AND DETER spaces and should be somewhat superior 1957. MINATIONS REGARDING ESSENTIALITY AND to the present C-3 type freighters. Notice is hereby given, pursuant to the UNITED STATES FLAG SERVICE REQUIRE Dated: March 5, 1957. Civil Aeronautics Act of 1938, as MENTS amended, particularly section 702 of said By order of the Maritime Adminis act, in the above-entitled proceeding Notice is hereby given that on March 1, trator. that hearing is hereby assigned to be 1957, the Acting Maritime Administra J ames L. P imper, held on Tuesday, April 2, 1957, at 10:00 tor, acting pursuant to section 211 of the Secretary. a. m., local time, in the Modeme Room, Merchant Marine Act, 1936, as amended, [F. R. Doc. 57-1770; Filed Mar. 7, 1957; Belmont Plaza Hotel, Lexington Avenue ordered that “Trade Route No. 17” con 8:50 a. m.] and 49th Street, New York, New York. clusions and determinations as published in the F ederal R egister of March 29,1955 Dated at Washington, D. C., March 4, (20 F. R. 1900) be modified to read as CIVIL AERONAUTICS BOARD 1957. follows: [Docket No. 8457] [seal] R obert W. Chrisp, Trade Route No. 17—U. S. Atlantic, Presiding Officer. Gulf and Pacific Ports/Indonesia- P. G. Taylor P roprietary, Ltd. Malaya. Between U. S. Atlantic, Gulf [F. R. Doc. 57-1792; Filed, Mar. 7, 1957: and Pacific ports and ports in Indonesia- NOTICE OF POSTPONEMENT OF HEARING 8:55 a. m.] Malaya (including Singapore, Sarawak In the matter of the application of and North Borneo) via the Panama P. G. Taylor Proprietary, Ltd., for a, Canal and/or the Suez Canal. temporary foreign air carrier permit FEDERAL COMMUNICATIONS Trade Route No. 17 is reaffirmed as an under section 402 of the Civil Aeronau COMMISSION tics Act for service between Sydney, essential United States foreign trade [Docket Nos. 11763, 11764; FCC 57M-174] route and is redescribed as shown above. Australia, and Honolulu, Territory of Hawaii. J. E. W illis and Crawfordsville Broad It is determined that United States Notice is hereby given, pursuant to the casters, Inc. flag sailing requirements are approxi Civil Aeronautics Act of 1938, as NOTICE OF PREHEARING CONFERENCE mately between 8 and 12 freighter sail amended, that the hearing in the above- ings per month over the following entitled proceeding, now assigned to be In re applications of J. E. Willis, La services: held on March 6, 1957, is hereby post fayette, Indiana; Docket No. 11763, rue Friday, March 8, 1957 FEDERAL REGISTER 1529
No BP-10253; Crawfordsville Broad- is subjected compared to the one han for the handling of press traffic during Ioactprs Inc., Crawfordsville, Indiana; dling when such traffic is filed directly the Democratic National Convention at I Docket No. 11764, Pile No. BP-10460; with a company specializing in handling Chicago; for construction permits. the one class of traffic, as does Press (c) That Western Union’s cable sys A pre-hearing conference in the above- Wireless. Western Union objected to tem employees obtained from its do entitled matter, looking toward reopen the grant of this application, alleging mestic landline employees the names of ing the record for trial of the issues des that it had already made all the neces- customers specifically routing traffic via ignated by the Commission in its order sary special arrangements for the han the complainant and solicited such cus of January 30, 1957 (FCC 57-92), will be dling of press traffic during the conven tomers for their traffic; and I held at the offices of the Commission on tion, that it has long specialized in the (d) That the complainant suffered I Tuesday, March 12, 1957, at 10:00 a. m. handling of press traffic, that its facili damage to its reputation and goodwill, ties in Chicago Would be entirely ade and a loss of business because of the Dated; February 28, 1957. quate for the needs of the press, and defendant Western Union’s acts. F ederal Communications that Press Wireless would receive service 7. As examples of the above described Commission, comparable or as satisfactory as that alleged delays, the complainant lists all [SEAL] Mary J ane Morris, given to the various press associations international press messages allegedly Secretary. and newspapers.- filed with the defendant during the 4. By Memorandum Opinion and Democratic National Convention, spe [F. R. Doc. 57-1783; Piled, Mar. 7, 1957; Order adopted July 19, 1956, the Com cifically routed via the complainant, and 8:53 a. m.] mission denied the complainant’s appli shows elapsed times ranging from nine cation, and on July 24, 1956, Press Wire teen minutes to five hours between time less filed a Petition for reconsideration of filing with the defendant and subse and grant of the application. Western quent transfer to complainant. It is : [Docket No. 11871; FCC 57-198] Union filed an Opposition to such Pe asserted that the delays on these par Press Wireless, I nc. and W estern U nio n tition on August 1, 1956, to which Press ticular messages violate the express T elegraph Co. Wireless replied on the same day. The terms of the aforementioned Commission Commission, by Memorandum Opinion Memorandum Opinion and Order i MEMORANDUM OPINION AND ORDER ASSIGN and Order adopted August 6,1956, denied adopted July 19, 1956, as well as the ING MATTER FOR PUBLIC HEARING the Petition for reconsideration. terms of the Commission’s letter of that In the matter of Press Wireless, Inc., 5. In our Memorandum. Opinion and date to Western Union in connection v. The Western Unión .Telegraph Com Order of July 19, 1956, as well as in our with such proceeding (see paragraph 5 pany, complaint with respect to delays letter to Western Union of the same above). Alleging thafr the above-men in handling messages specifically routed date, it was suggested that record keep tioned Memorandum Opinion and Order [ via Press Wireless. ing in both Chicago and New York might was based upon the defendant’s repre 1. This matter is before us, as a re be eliminated in order that some of the sentation that it would have adequate sult of a Complaint filed by Press Wire delays experienced by Press Wireless in facilities and manpower to give adequate less, Inc. (Press Wireless) on November 8, the past should not be repeated. It was service during the Convention, the com 1956, wherein it is alleged that The West also requested that Western Union land plainant requests that the Commission ern Union Telegraph Company (West line employees in Chicago be made independently investigate the extent to ern Union) has permitted unreasonable aware of the obligation of Western which the above mentioned Order and delays in transferring to the complain Union landlines not to solicit overseas letter were violated, and the extent to ant international press messages filed traffic for its own cable system. In the which misrepresentations may have been with the defendant specifically routed July 19, 1956, letter to Western Union made concerning the facilities and man by the sender via Press Wireless. The it was specifically pointed out that it power to be used by the defendant at ^complainant also alleges that the em- was incumbent upon Western Union to Chicago. In this connection, complain i ployees of the defendant’s international prevent any deviations from its obliga ant also requests that defendant 'pre r cable system obtained from domestic tions to serve all carriers equally. In serve the records of all international I employees of the defendant the names of this connection Western Union’s atten press. messages filed with it since No customers routing press traffic via the tion was invited to the penalties pro vember 1, 1955, so that a comparison complainant and used this information vided by law for a willful or knowing may be made of the service furnished by to solicit traffic from customers of the failure to live up to such obligations. It defendant to its own cable division and complainant. A copy of the Complaint was also requested that Western Union other international carriers. was served upon the defendant and as reply no later than August 6, 1956, indi 8. It is also alleged by the complainant required by § 1.577 of our rulés the de cating what was being done by it to as that employees of Western Union’s cable fendant was called upon to satisfy the sure complete impartiality of its em system obtained from employees of West I Complaint or respond thereto by Decem ployees, In its response of August 3, ern Union’s landlihe system the names ber 14,1956. 1956, Western Union stated that the of customers filing press traffic with the 2. in its Answer filed December 14, recording of information at New York defendant specifically routed via the 1956, Western Union denies the acts com would be done while the message was in complainant, and used that information plained of, and'requests that the Com process of transmission to the inter to solicit such customers for press traffic, plaint be dismissed. On December 26, national carrier instead of before trans all in violation of the International 1956 Press Wireless filed a Reply and mission so that .the prompt movement of Formula,1 and sections 202 and 605 of the Petition, to which Petition Western traffic would be in no way impeded, and Communications Act of 1934, as ; Union filed an Opposition on January that as a result of a conference between ■ amended. 14,1957. headquarters representatives and the 9. The complainant also alleges that 3. On May 22, 1956, Press Wireless general manager of Lake Division, in press traffic demands expeditious han filed an application under section 214 structions were issued to all landline dling and in most instances loses value j °f the Communications Act of 1934, as employees in Chicago telling them to j tended, (File No. T-C-1187) for observe strict impartiality toward all 1 The International Formula was prescribed I aufoority to lease and operate tempo- international carriers. by the Commission at the time of the merger ^ry wire facilities between New York, 6. The Press Wireless Complaint. In of Western Union and Postal Telegraph, Inc., New York and Chicago, Illinois during its Complaint, Press Wireless makes four in 1943 to insure, among other things, that , e Democratic National Convention principal allegations of fact as follows: the single domestic telegrajph company which I Trom August 13, 1956 to August 18, 1956. (a) That Western Union permitted resulted from such merger would treat all substantial and unreasonable delays to international telegraph carriers alike in the m support of its application, Press Wire- pick up and delivery of international tele tw a^eged that experience indicated occur in the transfers to the complainant graph message traffic in the United States. I iHuipress traffic from a hinterland of messages specifically routed via the Under the international Formula Press Wire F.Sr™, filed with another carrier, has complainant; less is entitled to receive from Western Union ! object to delays, inaccuracies and (b) That Western Union misrepre all traffic specifically routed via Press Wire I jr^outings, due in large part to the sented to the Commission the manpower less, see 10 FCC 184 at pp. 184-185 and 191- t ulllPle handling to which such traffic and facilities it would make available 192,(1943). 1530 NOTICES if inordinate delays occur between filing cable system for overseas press traffic records"of all international press traffic and receipt by the addressee; and that originating with the defendant during originated with it in New York, New it has established a valuable reputation the Chicago Convention; and Yorky Boston, Massachusetts; Chicago and goodwill based on its rapid and effi (d) Preserve its records of all interIllinois; San Francisco, California' cient transmission of press traffic which national press traffic originating with Washington, D. C.; New Orleans, Louisi have been severely damaged by the de it from November 1, 1955. ana; St. Louis, Missouri; and Los fendant’s alleged delays thereby causing 16. The Western Union Opposition. Angeles, California; during the month of complainant a substantial loss of busi In its Opposition, Western Union alleges January, 1957. This appears to us to be ness. that the defendant did not have suffi a more reasonable requirement, par 10. Press Wireless requests that the cient knowledge of the press deadlines ticularly as there is no indication that Commission, after investigation and to enable it to either admit or deny anyone would be willing to undertake the hearing, order the defendant to cease and paragraphs 5 and 10 of the Complaint. task of checking all international press desist from continuing the alleged prac It indicates that all the times shown on messages originated with the defendant tices. It also requests permission to file the exhibit appended to the Answer were all over the country in the course of a supplemental complaint for damages, Central Standard Time. It urges that more than a year. interest and counsel fees, upon findings the complainant’s request for an analy 19. The request for a more specific after such investigation and hearing. sis of the speed of service given to the answer to those allegations in the Com 11. The Western Union Answer. The defendant’s cable system be depied as plaint relating to the complainant’s defendant denies the four principal alle being beyond the scope qf the pleadings, alleged valuable reputation and good gations of fact contained in the Com and also urges denial of the request of will based on its rapid and efficient trans plaint which are set forth in paragraph the complainant that the defendant pre mission of press traffic, and to the de 6 above. The defendant further claims serve records of all international press mands of press traffic for expeditious it does not have knowledge sufficient to traffic originating with it since Novem handling and loss of value if inordinate form a belief as to the truth of complain ber 1, 1955, because compliance with delays occur, does not appear proper. ant’s allegations with respect to the need that request would impose an undue These matters,, as well as the request for for expeditious handling of press traffic, burden and great expense on the de an analysis of the speed of service given or the effect of delays thereon on com fendant. by Western Union to its own cable system plainant’s reputation with respect to 17. The Press Wireless Petition. As for overseas opress traffic originating with such matters. • noted above, the complainant’s Reply the defendant during the Chicago Con 12. The defendant has appended as contained a Petition asking that the vention, do not appear to be matters an exhibit to its Answer a list of all press Commission require the defendant to do appropriately handled in the pleadings, messages filed with it specifically routed various things (see paragraph 15). In but rather are evidentiary matters which via the complainant at Chicago during its Opposition to the Press Wireless Pe should be dealt with in the course of the the Democratic National Convention, tition, the defendant states that all times hearing itself. showing elapsed times between filing and shown on its exhibit appended to its 20. In view of all of the foregoing we transfer to Press Wireless. There appear Answer are Central Standard Time, and are denying the Press Wireless Petition, to be variations between this list and that that the elapsed times indicated thereon except that we are requiring the de contained in the Complaint, both as to are computed solely on that basis. It fendant to preserve international press identification of particular messages, as thus appears that the defendant has traffic originating with it in specified well as to elapsed times alleged. The satisfied complainant’s Petition in that cities (see paragraph 18 above.) purport of the defendant’s list is to show respect. 21. Request of Press Wireless to file that the elapsed times were much less 18. It appears to us that the complain a supplemental complaint for damages, than claimed by the complainant, and ant’s request that we require the de interest and counsel fees. In its Com that no unreasonable delays occurred. fendant to preserve its records of all plaint of November 8, 1956, Press Wire 13. On the basis of all the foregoing international press traffic originated less requested permission to file a sup the defendant requests that the Com with it since November 1, 1955, would be plemental complaint for damages, in plaint be dismissed. unreasonably burdensome on the de terest and counsel fees, pursuant to 14. The Press Wireless Reply and Pe fendant. The speed of service in trans Section 1.584 of the Commission’s Rules. tition. In its Reply, the complainant ferring international press traffic orig We are giving Press Wireless leave to alleges that the Western Union Answer inated with the defendant to the com file a supplemental complaint in accord is not responsive with respect to the plainant is a prime issue in this matter, ance with § 1.584, subject, however, to complainant’s allegations regarding the and a comparison of the speed of that the provisions of § 1.586 (b) of our rules, demands of press traffic for expeditious service with that given to press traffic that such supplemental complaint must handling, its loss of value if inordinate originated with the defendant and routed be filed within the statutory period stated delays occur between filing and receipt either via its own cable system or via an in section 415 of the Communications by the addressee, as well as the com other international carrier would appear Act of 1934, as amended, which is within plainant’s allegations with respect to to be pertinent to the determination of one year after the cause of action has its valuable reputation and goodwill the issues raised by the Press Wireless accrued. based on its rapid and efficient trans Complaint. However, in order that such 22. Request of Press Wireless for an mission of press traffic. In the Reply it comparisons may be made, it does not independent investigation.. In its Com is also alleged that the Answer contains appear necessary to check the many plaint of November 8, 1956, Press Wire no analysis of the speed of service given thousands of international press mes less also requests that we undertake an to press traffic routed via defendant’s sages originated with the defendant all independent investigation of our own to cable system during this period from over the country since November 1,1955, determine the extent to which our Memo the same point, and that the exhibit ap but rather that such a check might more randum Opinion and Order of July 19. pended to the Answer does not indicate reasonably be made from international 1956, and our letter to Western Union of whether the various times shown are press messages filed with the defendant the same date have been violated, and the Eastern, Central or Pacific, Daylight or during a representative period from extent to which misrepresentations, if Standard. representative points. Since the crux any, were made to the Commission re 15. The Reply further contains a Pe of the complaint is the service afforded specting the manpower and facilities to tition that the Commission require that international press traffic originated with be placed in Chicago by the defendant- the defendant: » the defendant routed via the complain It would appear that such matters are m (a) Answer the above described por ant during the Chicago Convention, the issue in this case, and that information tions of the Complaint; defendant will be required~to preserve its as to the manpower and facilities made (b) Amend the exhibit appended to records of all international press traffic available at Chicago by the defendan the Answer to show the times of filing will be sufficiently developed in tne originated with it at Chicago, Illinois, course of the proceedings, so as to maK and transfer of messages in terms of during the month of August, 1956. In correct local time; an independent investigation on those order that a more recent comparison of points unnecessary. . f (c) Submit an accurate analysis of service might be obtained, the defendant 23.. With respect to the allegation that the speed of service given to its own will also be required to preserve its the defendant’s cable system employee» Friday, March 8, 1957 FEDERAL REGISTER 1531
¡during the Chicago Convention and at to which misrepresentations, if any, in violation of sections 202, 222, and 6Q5 ¡other times and places obtained from were made to the Commission respect of the Communications Act of 1934, as domestic employees of the defendant the ing the manpower and facilities to be amended, and the provisions of the names of customers routing press traffic placed in Chicago by the defendant, is International Formula. [via the complainant, and used this infor denied; It is further ordered. That, a copy of mation to solicit press traffic from cus- It is further ordered, That, pursuant this order shall be served on the parties ¡torners of the complainant, complainant to the provisions of Sections 202, 206, complainant and defendant herein. fails to mention specific instances where 207, 208, 209, 222, and 605 of the Com Released: March 4, 1957. in this practice occurred, and does not munications Act of 1934, as amended, a F ederal Communications allege this to be a fact, but merely “on public hearing shall be held at a time information and belief.” As such, these and place to be specified in a subsequent Commission, allegations do not warrant an independ order on the substantive issues presented [seal] Mary J ane Morris,. ^ ent investigation, and furthermore, as • in the Complaint filed by Press^Wireless Secretary. ¡they are also in is^ue in the instant pro on November 8,1956, the Answer filed by [F. R. Doc. 57-1784; Filed, Mar. 7, 1957; ceeding, the full facts concerning them Western Union on December 14, 1956, 8:53 a. m.j twill be brought forth during the hearing. and the Reply thereto filed by Press ¡Accordingly, we are denying the Press Wireless on December 26, 1956; Wireless request for an independent in- It is further ordered, That, without in | yestigation into these matters. any way limiting the scope of the hear [Docket No. 11943; FCC 57-196] 24. Disposition of the matter by formal ing on the above-referred-to issues, such [hearing. Press Wireless has requested hearing shall include the following issues P arish B roadcasting Corp. (KAPK) Ithat the Commission, after investigation raised by the pleadings; ORDER DESIGNATING APPLICATION FOR and hearing concerning the alleged un- (a) Whether Western Union has neg HEARING ON STATED ISSUES I lawful practices of the defendant, enter ligently or intentionally or otherwise, an Order requesting the defendant to caused or permitted delays to occur, in In re application of Parish Broadcast cease and desist from continuing the the handling and transmission of press ing Corporation (KAPK), Minden, Loui [practices complained of. The Press traffic filed with it for delivery to Press siana; Docket 11943, File No. BP-10749; Wireless request for an independent in- Wireless for retransmission to foreign for construction permit. j vestigation has been disposed of above countries; and if so, the nature, extent At a session of the Federal Communi i (see paragraphs 22 and 23). and effect thereof ; cations Commission held at its offices in ! 25. The complainant has raised sev- (b) Whether any traffic handling Washington, D. C. on the 27th day of ; eral issues of fact in respect to the man- practiçes of Western Union subjected February 1957; I ner in which the defendant has handled press traffic routed via the complainant The Commission having under con I traffic originated with it specifically to â pattern of delay, and if so,, the effect sideration the above-captioned applica routed via the complainant, as well as to thereof on Press Wireless; tion of the Parish Broadcasting Corpora [ whether the defendant’s cable system (c) Whether the traffic handling tion for a construction permit to in employees have, solicited customers of practices of Western Union with respect crease the power of Station KAPK, the complainant for international press to press traffic filed with it during the Minden, Louisiana, from 100 watts to traffic. It seems to us that these issues Democratic National Convention at Chi 250 watts and to operate on the presently as well as the other issues raised by the cago, August 13, 1956, through August assigned frequency of 1240 kilocycles, pleadings are sufficiently serious to war 18, 1956, were contrary to any of the unlimited time; rant setting this matter for hearing. requirements set forth in the Commis It appearing * that the applicant is I Upon consideration of all the facts that sion’s Memorandum Opinion and Order, legally, technically, financially and I will be brought forth at the time of hear In re Press Wireless, Inc., July 19, 1956, otherwise qualified, except as may appear ing, we shall be in a better position to dis- and the Commission’s letter to Western from the issues specified below,, to [ pose of the matter. Union of the same date, or any other operate Station KAPK as proposed, but Accordingly, it is ordered, This 27th requirement made pursuant to the Com that the proposed operation would cause I day of February 1957 that the Press munications Act of 1934, as amended; objectionable interference to Station Wireless, Inc., Petition filed December (d) Whether Western Unión made KOCA, Kilgore, Texas (1240 kc, 250 w, U) j 26,1956, is denied; but that The Western misrepresentations to the Commission and would receive interference which ! Union Telegraph Company is ordered to regarding its plans for handling or its may cause a loss in population which j preserve until further order the originals ability to handle press traffic at Chicago would be excessive under section .3.28 and all its records • of all international during the aforesaid Convention; and if (c) of the Commission’s rules; and ! Press traffic filed with it in Chicago, Illi so, the nature, extent and effects of such It further appearing that, pursuant to nois, during the month of August 1956, misrepresentations : section 309 (b) of the Communications and all originals as well as all its records (e) Whether, if no misrepresentations Act of 1934, as amended, the subject ap [ °taU international press traffic filed with were madé, Western Union through neg plicant was advised by letter dated it in New York, New York, Boston, Mas- ligence or deliberate intent or for any December 17,1956, of the aforementioned } sachuestts, Chicago, Illinois, San Fran- other reason subjected press traffic interference and that the Commission [ cisco, California, Washington, D. C., New routed via Press Wireless to undue or was unable to conclude that a grant of : Orleans, Louisiana, St. Louis, Missouri, unnecessary delays;. the application would be in the public | and Los Angeles, California, during the (f) Whether there is any substantial interest; and ! month of January 1957; time difference between the service af It further appearing that the applicant I It is further ordered, That, Press Wire forded to press traffic routed via Press submitted measurement data on January less is given leave to file a supplemental Wireless, during the aforesaid Conven 24,' 1957, purporting to prove that the complaint for damages, subject to the tion at Chicago, or at any other time proposed operation would not be involved requirements set forth in § 1.586 (b) of since November 1955, and that afforded in interference with.Station KOCA but the Commission’s rules, that such sup to press traffic routed via Western Union that the measurements made on Station plemental complaint must be filed within cables and other competing international KOCA toward the proposed operation me statutory period stated in section carriers; and if so, the nature, extent, were made at random points rather than *15 of the Communications Act of 1934, cause and effects thereof ; and along a straight path in any specified as amended; (g ) Whether Western Union cable sys direction apd therefore are not accept tem employees, during the aforesajd able; and that the measurements made It is further orderedl That the request Convention, at Chicago or at any other on the existing operation of Station L set forth in the Cbmplaint that the Com- times and places, obtained from the do KAPK were made for only a distance of I ^ssion undertake an independent in mestic landline employees of the defend 26 miles which, with the conductivity stigation of its own into the extent to ant by any means whatever the names shown on Figure M-3 of the Commis j which the Commission’s Memorandum of customers routing press traffic via sion’s Technical Standards where ap [ and Order of July 19, 1956, and Press Wireless and used this information plicable, indicate that the proposed I . , etter to Western Union of the same to solicit press traffic from customers of operation of KAPK would be involved I ate have been violated, and the extent press Wireless; and if so, whether this is in interference with Station KOCA; and 1532 NOTICES
It further appearing that the Commis of 1934, as amended, for exemption of and to exchange natural gas with Atlan- sion, after consideration of the above, vessels from the compülsory radio re tic, and authorizing Atlantic to install’ is of the opinion that a hearing, is quirements of Title III, Part III of the and operate certain natural gas facilities necessary; act under emergency circumstances; ' to enable it to deliver natural gas to It is ordered, That, pursuant to section It appearing that such amendment is United, in accordance with an exchange! 309 (b) of the Communications Act of designed to improve the internal ad arrangement (Exhibit M) as hereinafter 1934, as amended, the said application ministration of the Commission and will described, subject to the jurisdiction of is designated for hearing, at a time and facilitate the prompt and orderly han the Commission, all as more fully repre- place to be specified in a subsequent or dling of the above described requests ; sented in the application, which is on file der, upon the following issues: It further appearing that the amend with the Commission and open for public] 1. To determine the areas and popu ment herein ordered relates to internal inspectionN lations which may be expected to gain Commission organization and procedure United proposes to construct and oper or lose primary service from the opera and, therefore, compliance with the pub ate approximately 11.1 miles of 12%. tion of Station KAPK as proposed, and lic notice and rule making procedures inch gas transmission pipeline (Line the availability of other primary service prescribed by sections 4 (a) and (b) of PM-83) extending in an easterly direc to such areas and populations. the Administrative Procedure Act is not tion from United’s Beaver Creek Com 2. To determine whether the pro required; pressor Station to Atlantic’s Boldmanj posed operation of Station KAPK would It further appearing that authority for Compressor Station, together with the 1 cause objectionable interference to Sta the proposed amendment is contained in construction and operation of the neces tion KOCA, Kilgore, Texas, or any other section 5 (d) (1) of the Communica sary measuring and regulating facilities' existing standard broadcast stations^ tions Act of 1934, as amended; at the terminus thereof on the premises and, if so, the nature and extent thereof, It is ordered, That, effective February of Boldman Station and also to install j the areas and populations affected there 27, 1957 section 0.292 (b) of the Com and operate the necessary recording by and the availability of other primary mission’s Statement of Delegations of calorimeters, all at a total estimated cost j service to such areas and populations. - Authority is amended to read as follows: of $535,000.^ These proposed facilities! 3. To determine whether, because of will be located within Floyd County,] the interference received, the proposed (b) Applications or requests for ex Kentucky. operation of KAPK would comply with emption, pursuant to the provisions of Atlantic seeks authority to install and § 3.28 (c) of the Commission’s rules; and sections 352 (b) and 383 of the Com operate new compressor cylinders and if compliance with § 3.28 (c) is not munications Act, Regulations 5 or 6, related facilities at its Boldman Com achieved, whether circumstances exist Chapter IV of the Safety Convention, pressor Station in Pike County, Ken which would warrant a waiver of said or Article 6 of the Great Lakes tucky for the purpose of adapting its section of the rules. Agreement. existing facilities to proposed operational 4. To determine, in the light of the (1) For emergency and renewal ex arrangements at an estimated cost of evidence adduced pursuant to the fore emption of ships. $145,000. going issues, whether the above-cap (2) For initial exemptions of ships of The proposed facilities will be financed tioned application should be granted. less than 100 gross tons (except for ves by The Columbia Gas System, Inc. It is further ordered, That Radio Sta sels subject to the Great Lakes Agree Applicants further request authoriza tion KOCA, Inc., licensee of Station ment or Title III, Part III of the Act). tion for the exchange and deliveryof KOCA, Kilgore, Texas, is made a party (3) For exemption from Title III, Part natural gas between United and Atlantic to the proceeding; II of the Act of ships operated in the Gulf pursuant to a proposed form of exchange It is further ordered, That, to avail of Mexico which participate in oil well agreement. themselves of the opportunity to be drilling operations when the circum United desires to continue to deliver heard, the Parish Broadcasting Corpora stances are substantially the same as certain volumes of high BTU unproc-1 tion and Radio Station KOCA, pursuant those in precedent cases decided by the Commission en banc. essed Kentucky gas to its Leach gasoline to § 1,387 of the Commission’s rules, in extraction plant in Boyd County, Ken person or by attorney, shall within 20 Released: March 5, 1956. tucky where a profitable extraction of. days of the mailing of this order, file ethane and other heavier hydrocarbons with the Commission, in triplicate, a F ederal Communications Com m ission, is made. United also delivers certain written appearance stating an intention volumes of this high BTU gas to Union to appear on the date fixed for the hear [seal] M ary J ane M orris, Secretary. -Carbide and Carbon Corporation (Car ing and present evidence on the issues bide) for further extraction. Both ex specified in this order. [P. R. Doc. 57-1786; Piled, Mar. 7, 1957; traction plants, at present, utilize gas 8:54 a. m.] Released: March 4,1957. that United receives from Kentucky West Virginia Gas Company (Kentucky- F ederal Communications West Virginia) at United’s Beaver C r e e k Com m ission, FEDERAL POWER COMMISSION Compressor Station and along United’s [seal] M ary J ane M orris, [Docket No. G-11184] 20-inch Line P, connecting this station Secretary. with its Kenova Station and nearby U nited F uel G as Co., and Atlantic Leach Plant. This high BTU gas is re [P. R. Doc. 57-1785; Piled, Mar. 7, 1957;.- S eaboard Corp. 8:53 a. m.] ceived from Kentucky-West Virginia for NOTICE OF APPLICATION AND DATE OF the account of Equitable Gas Company HEARING (Equitable) under a current exchange M arch 4, 1957. agreement between the two parties. S tatement of D elegations of Authority When Kentucky Hydrocarbon Com Take notice that on October 2, 1956, pany, the subsidiary formed by Ken- EMERGENCY EXEMPTION OF VESSELS United Fuel Gas Company (United) a -tucky-West Virginia to manage the new At a session of the Federal Communi West Virginia corporation, and a sub extraction plant, commences operation cations Commission held at its offices sidiary of The Columbia Gas System, United will not receive .the u n tre a te d in Washington, D. C. on the 27th day of Inc., (Columbia) and Atlantic Seaboard high BTU gas now transported and proc February 1957; Corporation (Atlantic) a Delaware cor essed in its Leach extraction plant and The Commission having un,der consid poration, also a subsidiary of Columbia, will receive in lieu thereof equal vol eration the necessity for amending sec having their principal place of business umes of lower BTU gas under itsex‘ tion 0.292 (b) of the Commission’s State at 1700 Mac Corkle Avenue SE., Charles change agreement with Kentucky-Wes* ment of Delegations of Authority to ton, West Virginia, filed a joint applica Virginia. . tion and on November 23,1956, a supple United proposes herein to route tne authorize the Crief of the Safety & ment thereto, pursuant to section 7 of Special Radio Services Bureau or, in his the Natural Gas Act, for a certificate of processed Kentucky-West Virginia low absence, the Acting Chief of the Bureau, public convenience and necessity author BTU gas into Atlantic’s system at Bolo- to act upon requests filed pursuant to izing United to construct and operate man through United’s existing B eave - section 383 of the Communications Act certain additional transmission facilities Boldman Line. In exchange for trus Friday, March 8; 1957 FEDERAL REGISTER Ï533
L Atlantic will deliver to United at be construed as waiver of and concur storage field pipe lines aggregating 9.6 miles of 26" line, 0.6 miles of 16" line, 1.7 miles Ll’dman certain volumes of high BTU rence in omission herein of the inter of 8 " line, 1 mile of 6 " line, and 10.6 miles L Which Atlantic now purchases from mediate decision procedure in cases of 4" line, and dehydration facilities for United, such gas being produced and where a request therefor is made. 100,000 Mcf of gas per day in Applicant’s purchased by United south of Boldman [seal! J oseph H. Gutride, proposed Vilas Storage Field located in Town l Kentucky. United will transport this Secretary. ships 27 and 28 South, Range 17 East, Wilson high BTU gas westward through its pro- and Neosho Counties, Kansas. hosed new Boldman-Beaver line and on [F. R. Doc. 57-1767; Filed, Mar. 7, 1957; 8:49 a. m.] GLAVIN MEASURING STATION TO KANSAS CITY Into its Leach plant for extraction, thus Maintaining profitable operation at Construct 6.59 miles of 30" gas pipe line Leach. Although Atlantic will be de beginning at the northerly terminus of Appli prived of its high BTU gas, it will receive cant’s 30" gas pipe line near the center of [Docket No. G-10956] section 13, T. 12 S . r 24 E., Johnson County, Lger volumes of lower BTU gas from Kansas, and extending northeasterly to united to compensate for the difference C ities S ervice G as Co. Applicant’s 47th Street town border meas L heat content. NOTICE OF APPLICATION uring station located in the NE% of Section Applicants allege that United pres 3, T. 12 S., R. 25 E., Johnson County, Kansas. M a r c h 4,1957. ently receives volumes of natural gas of OTTAWA-SEDALIA SYSTEM ¡02,000 to 112,000 Mcf per day at its Take notice that Cities Service^Gas Kenova Station. Of this volume, United Company, (Applicant), a Delaware 'cor Construct 10 miles of 20" gas pipe line be transports up to 100,000 Mcf per day to ginning at Applicant’s Cfttawa compressor poration with its principal place of busi- . station in the NW1^ of Section 32, T. 16 S., [ts Leach extraction plant in Boyd ness in Oklahoma City, Oklahoma, filed R. 20 E., Franklin County, Kansas, and ex County, Kentucky, for the recovery of on August 22, 1956, an application, and tending easterly to the NWj4 of Section 25, T. hydrocarbons heavier than ethane, by amendment thereto on February 7, 1957, 16 S., R. 21 E., Miami County, Kansas. passing the remaining volumes due to for a certificate of public convenience capacity limitations at Leach plant. and necessity, pursuant to section^ 7. of SUPERIOR SYSTEM Following its extraction operations, the Natural Gas Act authorizing Appli Construct 6 miles of 12" gas pipe line be JJnited delivers approximately 45,000 cant (a) to construct and operate nat-._ ginning at the northerly terminus of Appli ¡Mcf per day of the gas treated at Leach / ural gas facilities apd (b) to abandon cant’s existing 1 2 " pipe line in the SW% of plant to Union Carbide & Carbon Corpo- natural gas facilities and service subject Section 4, T. 23 S., R. 5 W. and extending Iration (Carbide) for further extraction to the jurisdiction of the Commission, all northwesterly to the NE*4 of Section 14, T. 22 S., R. 6 W., Reno County, Kansas. pursuant to agreement. Carbide has ad- as more fully represented in the applica Ivised United that it does not propose to tion and amendment thereto on file with F acilities T o Be R eclaimed extend the existing contract, which will the Commission and open for public in (a) Reclaim two 16" gas pipel ines total [expire March 31, 1957. The extraction spection. The facilities to be constructed ing 76.53 miles and 0.54 mile of 18" begin processes, on an annual basis, currently and operated, and the service and facili ning at the Verdigris River in the NWi4 Sec result in a net credit to United’s cost of ties to be abandoned ate described as tion 3, T. 33 S., R. 16 E., Montgomery County, service of approximately $1,141,000, of follows: Kansas, and extending northeasterly and northerly to Applicant’s Petrolia compressor which $297,600 is attributable to the Construction operation of the Leach plant alone. station located in th e NW(4 Section 32, T. ADDITION TO BLACKWELL COMPRESSOR STATION 26 S., R. 18 E., Allen County, Kansas. Applicants allege that the proposed (b) Reclaim two 16" gas pipe lines project would increase United’s cost of Construct a 3,600-horsepower addition to totaling 65.34 miles, beginning at Applicant’s service by $119,000 per year, and the net Applicant’s Blackwell compressor station lo Petrolia compressor station in the NW% result would be that approximately $178, cated in the NW% of Section 15, T. 27 N., Section 32, T. 26 S., R. 18 E., Allen County, 600 per year would be credited to R. 1 W., Kay County, Oklahoma. Kansas, and extending northerly and north United’s cost of service. Without the GRABHAM COMPRESSOR STATION TO GLAVIN easterly to Applicant’s Welda compressor sta proposed project, United estimates a loss MEASURING STATION tion located in the SE% Section 34, T. 21 S., R. 19 E., Anderson County, Kansas. at Leach of approximately $77,000 per (a) Construct 41 miles of 30" gas pipe line (c) Reclaim two 16" gas pipe lines year. beginning at the Verdigris River in the NWj4 totaling 29.60 miles, beginning at the This matter is one that should be dis Section 3, T. 33 S., R. 16 E., Montgomery north terminus of Applicant’s existing 26" posed of as, promptly as possible under County, Kansas, and extending northeasterly gas pipe line in the SWj4 Section 1, T. 14 S., the applicable rules and regulations and and northerly to Applicant’s Petrolia com R. 22 E., and extending northeasterly to Ap to that end: pressor station located in the NW(4 of Sec plicant’s Glavin Measuring Station located in Take further notice that, pursuant to tion 32, T. 26 S., R. 18 E., Allen County, th e SW ^ Section 23, T. 12 S., R. 24 E., the authority contained in and subject Kansas. Johnson County, Kansas. (b) Construct 33 miles of 30" gas pipe line (d) Reclaim 4.37 miles of 16" and 2.04 to the jurisdiction conferred upon the beginning at Applicant’s Petrolia compressor miles of 18" gas pipe line, beginning at the Federal ■Power Commission by sections 7 station in the UW>/4 of Section 32, T. 26 S., northerly terminus of Applicant’s 30" gas and 15 of the Natural Gas Act, and the R. 18 E., Allen County, Kansas, and extending pipe line near the centdr of Section 13 T. Commission’s rules of practice and pro northerly and northeasterly to Applicant’s 12 S., R. 24 E., Johnson County, Kansas, and cedure, a hearing will be held on April Welda compressor station located in the SE(4 extending to Applicant’s 47th Street Town 6.1957, at 9:30 a. m., e. s. t., in a hearing of Section 34, T. 21 S., R. 19 E., Anderson Border Measuring Station, located in the room of the Federal Power Commission, County, Kansas. NE% Section 3, T. 12 S., R. 25 E., Johnson (c) Construct 15 miles of 26" gas pipe County, Kansas. 441 G Streets KW., Washington, D. C., line beginning at the north terminus of Ap (e) Reclaim 10.0 miles of 12" gas pipe line, concerning the matters involved in and plicant’s existing 26" pipe line in the SW%_ beginning at Applicant’s Ottawa Compressor the issues presented by such application: of Section 1, T. 14 S., R. 22 E. and extending' Station in the NW(4 Section 32, T. 16 S., \ Provided, however, That the Commission northeasterly to Applicant’s Glavin measur R. 20 E., Franklin County, Kansas, and ex after a noncontested hearing, dis- ing station located in the SW^4 of Section tending easterly to the NWj4 Section 25, ' 'ose °f the proceedings pursuant to the 23, T. 12 S., R. 24 E., all in Johnson County, T. 16 S., R. 21 E., Miami County, Kansas. Kansas. (f ) Reclaim 6.0 miles of 8" gas pipe line •Provisions of § 1.30 (c) (1) or (2) of the (d) Construct 4 miles of 4" gas pipe line ponumssion’s rules of practice and pro- beginning at the northerly terminus of Ap beginning at the easterly terminus of Ap plicant’s existing 12" pipe line in the SWi/4 Under the procedure herein plicant’s existing 8 " line located in the NE^4 Section 4, T. 23 S., R. 5 W., and extending [Provided for, unless otherwise advised, of Section 22, T. 30 S., R. 16 E. and extending northwesterly to the NE14 Section 14, T. 22 gJP* n°t be necessary for Applicant to easterly to a point of connection with Appli S. , R. 6 W., Reno County, Kansas. pgar or be represented at the hearing. cant’s proposed 30" gas pipe line in the °r petitions to intervene may NE% of Section 20^ T. 30 S., R. 17 E., Wilson Service T o Be Abandoned the Federal Power Commis- County, Kansas. Abandon service of natural gas to The Gas with Kington 25, D. C., in accordance VILAS STORAGE FIELD Service Company for resale to 72 individual idsnS^ ru4es °f practice and procedure Acquire, develop and operate an under domestic tap customers located on Appli- 35 low ?r on or before March ground gas storage field, plug and abandon ■ cant’s facilities to be reclaimed herein be at a«* ^bire of any party to appear old wells, driU, equip and connect approxi tween Applicant’s Grabham Compressor [ ^ Participate in the hearing shall mately 1 0 0 new storage wells and construct Station and Glavin Measuring Station. 1534 NOTICES
The application recites the proposed may be disposed of as promptly as Dunn No. 1 Well, located in the Green.; construction and operation, and the possible. wood-Waskom Field, Caddo Parish] proposed reclaim of facilities, and Take further notice that pursuant to Louisiana, all as more fully described w abandonment of service and facilities the prior orders of the Commission in the amendment filed herein, and now od are required for th,e primary purpose of each of the above proceedings and the file with the Commission and open to! meeting Applicant’s increase at peak day Natural Gas Act, particularly sections 4 public inspection. firm requirements to existing customers. and 15 thereof, and the Commission’s Simultaneous with the above amend-1 Applicant estimates that the peak day rules of practice and procedure, a public ment, Trans-Tex Drilling Company filed firm demand in the Kansas City Area hearing will be held commencing on an application in Docket No. G-1049o] which .is served in part by the portion April 8, 1957, at 10:00 a. m. E. S. T., in a pursuant to section 7 (c) of the Natural of its system involved herein will in Hearing Room of the Federal Power Gas Act, for authority to continue the crease from 559,252 Mcf in 1956-57 to Commission, 441 G Street NW., Wash sale sought to be abandoned by Crow 629,314 Mcf by 1959-60, an increase over ington, D. C., concerning the matters Drilling Company, Inc., in Docket No] these years of 70,062 Mcf. and issues involved in these consolidated G-7448. The application is now on file; The estimated cost of Applicant’s pro proceedings. .with the Commission and open to public] posals is stated to be $3,893,000.00 less Interested State commissioners may inspection. $743,000.00 (the salvage value of re participate as provided by §§ 1.8 and 1.37 The respective applications and claimed materials) which will be paid (f ) of the Commission’s rules of practice amendment herein, state that CroW for in part from treasury cash and in and procedure (18 CFR 1.8 and 1.37 (f) ). Drilling Company sold its interest in thej part from the pftceeds of new issues of [seal] J oseph H. G utride, seven Paluxy Wells and the A. W. Dunn] first mortgage bonds. Secretary. No. 1 Well to Trans-Tex Drilling Com- The change in routing of the pro pany, which proposes to continue serv posed new facilities, and the proposed [F. R. Doc. 57-1750; Filed, Max. 7, 1957; ice to United Gas Pipe Line Company reclaiming of facilities will result in 8:45 a. m.] and Arkansas Louisiana pursuant to the] abandonment of service to 72 individual existing gas sales contracts previously domestic top consumers of the Gas Serv filed with the Commission. ice Company located between the Ver These related matters should be heard] digris River northeast of Grabham [Docket No. G-7448 etc.] on a consolidated record and disposed of Compressor Station and the Glavin Crow D rilling Co., I nc., and T rans-T ex as promptly as possible under the appli-j Measuring Station. D rilling Co. cable rules and regulations and to that This, matter is one that should be dis end: posed of as promptly as possible under NOTICE OF APPLICATIONS AND DATE OP Take further notice that, pursuant to] the applicable rules and regulations and HEARING the authority contained in and subject to to that end: M arch 4,1957 the jurisdiction conferred upon the Fed Take further notice that protests or In the matters of Crow Drilling Com eral Power Commission by sections 7 and petitions to intervene may be filed with pany, Inc., Docket No. G-7448; Crow 15 of the Natural Gas Act, and the Com the Federal Power Commission, Wash Drilling Company, Inc., Docket No. mission’s rules of practice and procedure, ington 25, D. C., in accordance with the G-10451; Trans-Tex Drilling Company, a hearing will be held on April 9,1957, at; rules of practice and procedure, (18 Docket No. G-10452 and G-10490. 9:30 a. m., e. s. t., in a Hearing Room CFR 1.8 or 1.10) on or before March Take notice that Crow Drilling Com of the Federal Power Commission, 441G 25,1957. pany, Inc., having its pricipal place of Street, NW., Washington, D. C., concern [seal] J oseph H. G utride, business in Shreveport, Louisiana, filed ing the matters involved in and the issues Secretary. an application on May 21,1956, in Docket presented by such applications: Pro No. G-10451, pursuant to section 7 (b) vided, however, That the Commission [P. R. Doc. 57-1768; Piled, Max. 7, 1957; may, after a non-contested hearing, dis 8:49 a. m.] of the Natural Gas Act, for permission and approval to abandon service to pose of the proceedings pursuant to the United Gas Pipe Line Company covering provisions of § 1.30 (c) ¿(1) or (2) of the; the production of natural gas from seven Commission’s rules of practice and pro-: cedure. Under the procedure herein pro- [Docket No. G-9594 etc.] wells located in the Greenwood-Waskom Field, Caddo Parish, Louisiana, all pro vided for, unless otherwise advised, it; T exas Co. et al. ducing from the Raluxy Formation, all will be unnecessary for applicants to ap-| as more fully described in the application pear or be represented at the hearing. J NOTICE OP CONSOLIDATION OP PROCEEDINGS on file with the Commission and open to Protests or petitions to intervene may AND DATE OF HEARING public inspection. be filed with the Federal Power Com-] M arch 4, 1957. Simultaneous with the above applica mission, Washington 25, D. C., in accord- j In the matters of The Texas Company, tion for abandonment of service, Trans- ance with the riiles of practice and pro-; Docket Nos. G-9594, G-9595; The Texas Tex Drilling Company filed an applica cedure (18 CFR 1.8 or 1.10) on or before Company (Operator) et al., Docket No. tion in Docket No. G-10452, pursuant to March 21, 1957. Failure of any party to: G-11710. section 7 (c) of the Natural Gas Act, for appear at and participate in the hearing] On February 27, 1957, Notice of Con authority to continue the service to shall be construed as waiver of and con solidation of Proceedings and Date of United Gas Pipe Line Company proposed currence in omission herein of the inter-j Hearing was issued with respect to the to be abandoned by Crow Drilling Com mediate decision procedure in cases Texas Company, Docket Nos. G-8969, pany in Docket No. G-10451. where a request therefor is made. G-9576, G-9593, G-9596, G-9609, 0-9161, On May 28, 1956, Crow Drilling Com [seal] J oseph H. Gutride, G-10884, G-11321, G-11322, G-11323, pany, Inc., filed ajti amendment to its Secretary. and G-11333 and with respect to the pending application in Docket No. [F. R. Doc. 57-1751; Filed, Mar. 7, 1957;j Texas Company (Operator), et al., G-7448,1 requesting that it be permitted 8:45 a. m.] Docket Nos. G-11324 and G-11391. to abandon the service for which it had The captioned proceedings, like those previously sought authorization in its covered in the February 27, 1957, Notice, application in Docket No. G-7448, cover relate to proposed changes in rates which ing the sale of natural gas to Arkansas- [Docket No. G-9402 etc.] heretofore have been suspended by order Louisiana Gas Company from the A. W. t ,r are O perating Co. and C ommercial of the Commission, with the provision P etroleum & T ransport Co. that a public hearing be held thereon at 1 The application in Docket No. G-7448 was a date to be fixed by notice from the duly noticed in consolidation with Docket ICE OF APPLICATIONS AND DATE Secretary. No. G-6366 et al., by publication in the F ed HEARING eral Register on April 26, 1956, 21 F. R. 2707- March 4, 1957. Take notice that the captioned related 2708 and subsequently severed from th a t proceedings will also be heard on the consolidated proceeding by the Commission’s i the matters of Oil Lease consolidated records provided for in the order issued June 25, 1956 in Docket No. (Operator), Docket Nos. O- ' previous Notice to the end that they G-6366 et al. 403, G-9404; Commercial P e tro le u m Friday, March 8, 1957 FEDERAL REGISTER 1535 ¡¡ T ransport Co., Docket Nos. G-9405, G- and concurrence in omission herein of the exchange for the reasons set forth in said order to prevent fraudulent, de 9406, Gr-9407. the intermediate decision procedure in Take notice that Commercial Petro cases .where a request therefor is made. ceptive and manipulative acts or prac leum & Transport Co. (Commercial Pe tices from February 23, 1957, to March [seal] J oseph H. G utride, 4, 1957* inclusive. troleum) with its principal place of Secretary. business in Houston, Texas, filed qn Sep III. On November 7, 1956, counsel [F. R. Doc. 57-1752; Filed, Mar. 7, 1957; representing registrant requested a post tember 26, 1955, applications in Docket 8:46 a. m.] Nos G-9405, G—9406 and G-9407, pur ponement of the hearing under section * suant to section 7 (b) of the Natural Gas 19 (a) (2) of the act in order to enable him to prepare for the hearing. Pur Act, for permission and approval to SECURITIES AND EXCHANGE abandon natural gas service authorized suant to this request, the Commission on by the Commission in Docket Nos. G - COMMISSION November 7, 1956, issued its order post poning the date of said hearing to No 5986 through G-5988 by order issued May [File No. 1-3827] 21,1956, in the consolidated Docket Nos. vember 26,1956. Said hearing has com G-5974, et al. proceeding, all as more G reat S w eet G rass Oils L td. menced but has not yet been concluded by Commission order or decision. fully described in the applications herein ORDER SUMMARILY SUSPENDING TRADING and now on file with the Commission IV. The Commission has reason to be open to public inspection. M arch 4, 1957. lieve that the false reports filed by regis On September 26,1955, Oil Lease Oper In the matter of trading on the Ameri trant as alleged in the orders and notices ating Co. (Oil Lease), a Texas corpora can Stock Exchange in the $1.00 par of hearing referred to in paragraph II tion with its principal place of business value capital stock of Great Sweet Grass and the relationship between registrant in Houston, Texas, filed application in Oils Limited, File No. 1-3827. and Kroy Oils Limited, also subject to an Docket Nos. G-9402, G-9403 and G-9404 I. The $1.00 par value Capital Stock of order issued concurrently herewith under pursuant to section 7 (c) of the Natural Great Sweet Grass Oils Limited (herein section 19 (a) (4) of the aqt, and also Gas Act, for authority to continue the after called “registrant”) is listed and subject to an order and notice of hearing services proposed to be abandoned by registered on the American Stock Ex under section 19 (a) (2) of the act, which Commercial Petroleum in its above- change, a national securities exchange hearing has been consolidated with the named dockets. The applications of Oil (hereinafter called “the exchange”) . hearing referred to in paragraph III, are / Lease are on file with the Commission II. The Commission on October 19, such as to cause widespread confusion and open to public inspection. 1956, issued its order and notice of hear and uncertainty in the market for regis Commercial Petroleum states that it ing under section 19 (a) (2) of the Se trant’^ shares. Under the circumstances was dissolved on May 1, 1955; that it curities Exchange Act of 1934 (herein recited in this order, the Commission is surrendered its charter and (discontinued after called “the act”) , and on October of the opinion that it would be impossible business; that all of its properties, con 24, 1956, issued its amended order and for the investing public to reach an in tracts, permits, certificates, rate sched notice of hearing under the act to deter formed judgment at this time as to the ules and other assets, pertaining to its; mine at a hearing to be held November valuer of registrant’s securities or for oil and gas properties, were assigned to 13, 1956, whether it is necessary or ap trading in such securities to be conducted its former stockholders, consisting of 27 propriate for the protection of investors in an orderly and equitable manner. individuals, estates, guardians, and cor to suspend for a period not exceeding V. The Commission being of the opin porations. Commercial Petroleum states twelve months, or to withdraw, the regis ion that the public interest requires the father, that such former stockholders tration of the Capital Stock-of registrant summary suspension of trading in such entered into a contract in writing with on the exchange for failure to comply security on the exchange and that such Oil Lease, which authorizes Oil Lease with section 13 of the act and the rules action is necessary and appropriate for to operate and manage the gas proper and regulations thereunder, in that the the protection of investors; and ties which such stockholders acquired in Commission had reason to believe that The Commission being of the opinion the liquidation of Commercial Petroleum. the reports filed by registrant on Form that such suspension is necessary in These related matters sRould be heard 8-K and Form 10-K were false and .mis order to prevent fraudulent, deceptive, or on a consolidated record and disposed of leading in certain respects set forth in manipulative acts or practices, with the as promptly as possible under the appli said orders. On ’October 31, 1956, the result that it will be unlawful under cable rules and regulations and to that Commission issued its second amended section 15 (c) (2) of the act and the end: order and notice of hearing under section Commission’s Rule X-15C2-2 thereunder Take further notice that, pursuant to 19 (a) (2) of the act restating the allega for any broker or dealer to make use of the authority contained in and subject tions in the original and amended orders- the mails or of any means or instru to the jurisdiction ^conferred upon the and including allegations that the Com mentality of interstate commerce to ef Federal Power Commission by sections mission had reason to believe that the fect any transaction in, or to induce or : J and 15 of the Natural Gas Act, and registrant’s current report on Form 8-K attempt to induce the purchase or sale me Commission’s rules of practice and for the month of December, 1955, and of, such security otherwise than on a Procedure, a hearing will be held on April amendments thereto, and that regis national securities exchange. , U> 1957, at 9:30 a. m., e. s. t., in a Hear- trant’s annual report on Form 10-K for It is ordered, Pursuant to section 19 rog'Room of the Federal Ppwer Com its fiscal year ended December 31, 1955, (a) (4) of the act that trading in said mission, 441 G Street NW., Washington, and amendments thereto, were false and securities on the American Stock Ex p P* concerning the matters involved misleading in additional respects set change be summarily suspended in order m and the issues presented by such forth, in said order. In November 16, to prevent fraudulent, deceptive, or applications: Provided, however, That 1956, the Commission issued its third manipulative acts or practices for a the Commission may, after’a non-con- amended order and notice of hearing period of ten days from March 5, 1957, wsted hearing, dispose of the proceedings under section 19 (a) (2) of the act re to March 14,1957, inclusive. stating the allegations in the original and Pursuant to the provisions of § 1.30 (c), By the Commission. / u) or (2) of the Commission’s rules of amended orders and including allega Practice and procedure. Under the pro- tions that the Commission had reason to [ seal] O rval L. D uB ois, \ e herein provided for, unless other- believe that the registrant’s current Secretary. [ it will be unnecessary for report on Form 8-K for the month of [F. R. Doc. 57-1754; Filed, Mar. 7, 1957; i ,;^!lcant's to appear or be represented August, 1955, was false and misleading 8:46 a. m.] I at tne hearing. in certain respects set forth in said order, I .^ te sts or petitions to intervene may and that the Form 8-K report for the month of December, 1955, and the Form [File No. 1-3679] t nr■ ^ h the Federal Power Com- 10-K report for the fiscal year ended "¡¡ssion, Washington 25, D. C., in accord- December 31, 1955 were false and mis K roy O ils L td. ! * ce ttith the rules of practice and leading in additional respects set forth ORDER SUMMARILY SUSPENDING TRADING : Procedure (18 CFR 1.8 or 1.10) on or in said order. On February 21,1957, the Perore March 25, 1957. Failure of any Commission issued its order summarily M arch 4, 1957. rty to appear at and participate in the suspending trading pursuant to section In the matter of trading on the Ameri anng shall be construed as waiver of 19 (a) (4) of the act in said securities on can Stock Exchange in the 200 par value No. 46----- 8 1536 NOTICES capital stock of Kroy Oils Limited, Pile or manipulative acts or practices, with Public Service proposes to amend its No. 1-3679. the result that it will be unlawful under Articles of Incorporation to increase I. The 204 par value Capital Stock of section 15 (c) (2) of the act and the from 4,000,000 to 6,000,000 the number Kroy Oils Limited, an Alberta corpora Commission’s Rule X-15C2-2 thereunder of shares of its authorized $10 par value tion (hereinafter called “registrant”), for any broker or dealer to make use of common stock, of which ther6 are out is listed and registered on the American the mails or any means or instrumen standing 3,900,000 shares. Stock Exchange, a national securities tality of interstate commerce to effect Power, Public Service, and Southwest exchange (hereinafter called “the any transaction in, or to induce or at ern, respectively, propose to issue and exchange”). tempt to induce the purchase or sale sell to Central, and Central proposes to II. The Commission on November 2, of, such security otherwise than on a acquire for cash, at th&par value thereof, 1956, issued its order and notice of hear national securities exchange. additional shares of common stock as ing under section 19 (a) (2) of the It is ordered, Pursuant to section 19 follows; Securities Exchange Act of 1934 (herein (a) (4) of the act that trading in said (a) Power, 250,000 shares, per value after called “the act”) to determine at securities "bn the American stock Ex $10 per share, for $2,500,000; a hearing to be held on November 20, change be summarily suspended in order (b) Public Service, 400,000 shares, 1956, whether it is necessary or appro to prevent fraudulent, deceptive, or man par value $10 per share, for $4,000,000; priate for the protection of investors to ipulative acts or practices for a period (c) Southwestern, 400,000 shares, par suspend for a period not exceeding twelve of ten days from March 5,1957, to March value $10 per share, for $4,000,000. months, or to withdraw, the registration 14, 1957, inclusive. Power, Public Service, and South of the Capital Stock of registrant on the By the Commission. western will use the proceeds received exchange for failure to comply with sec from the issue and sale of their common tion 13 of the act and the rules and [seal] Orval L. D uB ois, stocks to finance in part the cost of their regulations adopted thereunder, in that Secretary. construction programs. the Commission has reason to believe [P. R. Doc. 57-1755; Piled, Mar. 7, 1957; The Corporation Commission of Okla that a current report for the month of 8:46 a. m.] homa has jurisdiction over the proposed May, 1956, on Form 8r-K, filed by regis issuance and sale of common stock by trant with the Commission was false Public Service. That Commission has and misleading in certain respects set authorized the proposed issue and sale forth in said order. On February 21, [Pile No. 70-3555] of additional common stock by Public 1957, the Commission issued its order Central and S outh W est Corp. et al. Service. No other State or Federal com summarily suspending trading of said mission, except this Commission, has securities on the exchange pursuant to ORDER GRANTING APPLICATION AND PERM IT jurisdiction over the proposed trans section 19 (a) (4) of the act for the TING DECLARATION TO BECOME EFFECTIVE actions. reasons set forth in said order to prevent The estimated fees and expenses to be fraudulent, deceptive or manipulative M a r c h 4, 1957. In the matter of Central and South incurred by Central in connection with acts or practices for a period of ten days the proposed issue and sale of its com from February 23, 1957, to March 4,1957, West Corporation, Central Power and Light Company, Public Service Company mon stock aggregate $50,000, including inclusive. counsel fees of Stevenson, Dendtler, i n . On November 7 , 1956, counsel rep of Oklahoma, Southwestern Gas and Electric Company (File No. 70-3555). Bailey & McCabe of $10,000, fees of local resenting registrant requested a post counsel of $800, accountant’s fee $5,000, ponement of the hearing under section Central and South West Corporation (“Central"), a registered holding com and service company fee of $7,000. The 19 (a) (2) of the act in order to enable fees and expenses of independent counsel him to prepare for the hearing. Pur pany, and three of its public utility sub sidiaries, Central Power and Light Com for underwriters are estimated at $7,000 suant to this request, the Commission on and $500 respectively,' and are to be paid November 7, 1956, issued its order post pany '(“Power”), Public Service Com pany of Oklahoma (“Public Service”), by the purchasers of the Central stock. poning the date of said hearing to No The fees and expenses to be incurred by vember 26, 1956. Said hearing has and Southwestern Gas and Electric Central in connection with the acquisi commenced but has not yet been con Company (“Southwestern”) , having filed, pursuant to sections 6, 7, 9, and 10 tion of the subsidiary stocks are esti cluded by Commission order or decision. mated at $200. IV. The Commission has reason to be of the Public Utility Holding Company Act of 1935 (“act”) and Rule U-50 pro The fees and expenses to be in c u rre d lieve that the false report filed by regis by the subsidiaries in connection with trant as alleged in the order and notice mulgated thereunder, a joint applica tion-declaration and a m en d m en ts their proposed issuances and s a le s of of hearing referred to in paragraph II common stock are estimated as follows: and the relationship between registrant thereto regarding the following pro posed transactions: Power $3,000; Public Service $25,000 (in and Great Sweet Grass Oils Limited, also cluding $20,000 to the State of Oklahoma subject to an order issued concurrently Central proposes to issue and sell, to as increased capital stock authorization herewith under section 19 (a) (4) of the or through underwriters or investment fee); and Southwestern $4,700. act, and also subject to an order and bankers who shall have agreed promptly Due notice of the filing of the joint notice of hearing under section 19 (a) to make a public offering thereof, 600,- application-declaration (Holding Com (2) of the act, which hearing has been 000 additional shares of its $5 par value pany Act Release No. 13385, February 15, consolidated with the hearing referred common stock, at competitive bidding 1957) having been given in the maiiner to in paragraph III, are such as to cause pursuant to Rule U-50 of the rules and prescribed by Rule U-23 of the rules ana widespread confusion and uncertainty regulations promulgated under the act. regulations promulgated under the act, in the market for registrant’s shares. The net proceeds received by Central and no hearing in respect thereof having Under the circumstances recited in this from the sale of the 600,000 additional been requested of or ordered by the Com order, the Commission is of the opin shares of common stock will be applied mission; and , ion that it would be impossible for the by Central to the prepayment, without The Commission finding in respect ox investing public to reach an informed premium or penalty, of $7,500,000 prin the joint application-declaration that judgment at this time as to the value of cipal amount of 3 Vz percent bank loan the applicable provisions of the act ana registrant’s securities or for trading in notes due March 1, 1958, and to the pur the rules thereunder are satisfied, od- such securities to be conducted in an chase, at the par value thereof, of addi serving no basis for adverse findings or orderly and equitable manner. tional shares of the common stocks of the imposition of terms and conditions, V. The Commission being of the opin Power, Public Service and Southwestern it appearing that the fees and e?PeI^L ion that the public interest requires the of the aggregate par amount of $10,- to be incurred in connection with t summary suspension of trading in such 500,000. Any excess of such proceeds proposed transactions are not unreason security on the exchange and that such over $18,000,000 may be used to purchase action is necessary and appropriate for additional shares of the common stock able if they do not exceed the estima the protection of investors; and of one or more of Central’s four princi hereinabove stated, and the Commissio The Commission being of the opinion pal subsidiaries (subject to further ap deeming it appropriate in the public that such suspension is necessary in proval of the Commission), or for gen terest and in the interest of investors a order to prevent fraudulent, deceptive, eral corporate purposes. consumers to grant and permit to Friday, March 8, 1957 FEDERAL REGISTER 1537
come effective, forthwith, the joint ap additional common stock, amounting to tions for bids will be issued on or about plication-declaration, as amended. $4,822,730, to the discharge of a like March 21, 1957. Each bid shall specify [ It is ordered, Pursuant to Rule U-23 amount of promissory notes payable to the coupon rate (which shall be a mul and the applicable provisions of the act, NEES. Worcester and NEES desire to tiple of Va of 1 percent) to be borne by that the joint application-declaration, as consummate the proposed issue and sale the Bonds, and the price (exclusive of accrued interest) to be paid to the Com amended, be, and it hereby, is, granted of additional common stock in order to and permitted to become effective, forth finance permanently a portion of the pany for the Bonds, which price shall be with, subject, however, to the terms and capitalizable additions to Worcester’s not less than the principal amount of plant through the * issuance of equity the Bonds and not more than 102% per conditions specified in Rules U-24 and cent of such principal amount. U-50. securities. The Massachusetts Department of The Bonds will be issued under the By the Commission. Public Utilities has jurisdiction over the Company’s Mortgage and Deed of Trust, dated as of July 1, 1944, to the Chase [seal! Orval L. D uB ois, proposed issue and sale of common Secretary. stock by Worcester. The application- Manhattan Bank and Arthur F. Hen declaration states that no Federal com ning, successor Trustees, as heretofore [R R. Doc. 57-1756; Filed, Mar. 7, 1957; supplemented and as it will be supple 8:47a. m.] mission, other than this Commission, has jurisdiction over the proposed trans mented by a Fourth Supplemental In actions and no state commission ap denture to be dated April 1, 1957. proval is necessary with respect to the The issuance of the Bonds has been authorized by the City of New Orleans, [File No. 70-3562] acquisition of securities by NEES. The expenses to be incurred by Wor the regulatory authority of the State in Worcester County Electric Co. and cester and NEES in connection with the which the Company is organized and New England Electric S ystem proposed transactions are estimated to doing business. aggregate $7,000 and $300, respectively. The net proceeds to be received by the KOTICE OF PROPOSED RIGHTS OFFERING BY Company from the sale of the Bonds SUBSIDIARY AND PROPOSAL OF PARENT Notice is further given that any in will be applied toward financing its con r COMPANY TO PURCHASE ALL SHARES UN terested person may, not later than struction program, and, if circumstances SUBSCRIBED BY MINORITY STOCKHOLDERS March 18, 1957, at 5:30 p. m., request the Commission in writing that a hear warrant, toward partial payment, prior M arch 4,1957. ing be held on such matter, stating the to maturity, of its outstanding nine- In the matter of Worcester County nature of his interest;'the reasons for month 4 percent bank notes due October Electric Company, New England Electric such request, and the issues of fact or 2, 1957. ; System, (File No. 70-3562). law, if any, raised by said application- The Company estimates its fees and Notice is hereby given that New Eng declaration which he desires to contro expenses to be incurred herein as land Electric System (“NEES”), a reg- vert; or he may request that he be follows:- r istered holding company, and its public- notified if the Commission should order Federal stamp tax______^ _____ $6, 600. 00 utility subsidiary, Worcester County a hearing thereon. Any such request filing fee, this Commission_____ 616. 50 Electric Company (“Worcester"), have Charges of Trustee______- 4, 000.00 should be addressed: Secretary, Securi Haskins & Sells, accountants__ 4, 000. 00 filed a joint application-declaration with ties and Exchange Commission, Wash Printing and engraving______21, 500. GO l this Commission pursuant to the Pub- ington 25, D. C. At any time after said Ebasco Services, Incorporated___ 5, 500. 00 [ lie Utility Holding Company Act of 1935 date, said application-declaration, as Company counsel: (“act”) designating sections '6 (a), filed or as amended, may be granted and Chaffe, McCall, Phillips, Burke 6 (b), 9 (a), and 10 of the act and Rules permitted to bqpome effective as pro & Hopkins______2, 000. 00 | U-42 (b) (2) and U-50 thereunder as vided in Rule U-23 of the rules and regu Jones, Walker, Waechter, applicable to the proposed transactions, Poitevent (& Denegre______2, 000. 00 lations promulgated under the act, on Reid & Priest______;______7, 000. 00 which are summarized as follows: the Commission may grant exemption Miscellaneous (including Blue The authorized and outstanding capi from its rules as provided in Rules U-2Ô S k y )______6,933.50 tal stock of Worcester consists of 526,120 (a) and U-100, or take such other action common shares (par value $25 per as it may deem appropriate. T o ta l______60,150.00 share), of which, as of February 12,1957, NEES owned 522,533 shares (99.318 per- By the Commission. The fee of Beekman & Bogue, counsel for the successful bidders, is estimated at : cent) and the minority public holders (90 [seal] Orval L. D uB ois, in number) owned 3,587 shares (0.682 Secretary. $5,000. percent). Worcester proposes t o in Notice is further given that any inter [F. R. Doc. 57-1757; Filed, Mar. 7 ,’ 1957; ested person may, not later than March crease its common capital stock by the 8:47 a. m.] issue and sale, for cash, of 87,686 addi- 18, 1957 at 5:30 p. m., request the Com [ tional shares, offering such shares to its mission in writing that a hearing be held on such matter, stating the nature of stockholders at a price of $55 per share [File No. 70-3564] ; °n the basis of one new share for each his interest, the reasons for such request, six shares held. Rights to subscribe will N ew Orleans P ublic S ervice, Inc. and the issues of fact or law, if any, raised by said application which he de be evidenced by full and fractional share NOTICE OF PROPOSED ISSUE AND SALE AT warrants, exercisable during a subscrip- sires to controvert; or he may request COMPETITIVE BIDDING. OF PRINCIPAL that he be notified if the Commission ■ tion period of 21 days. However, only AMOUNT OF FIRST MORTGAGE BONDS i lull shares will be issued. NEES pro should order a hearing thereon. Any poses to exercise its rights to subscribe March 4,1957. such request should be addressed: Sec , jor 87,088 full shares of additional Stock Notice is hereby given that New retary, Securities and Exchange Com I to which it will be entitled. The minor- Orleans Public Service, Inc. (“Com mission, Washington 25, D. C. At any lty public holders will be entitled to sub- pany”), a public utility subsidiary of time after said date tjie application, as j scnbe for 597 full shares. NEES also Middle South Utilities, Inc., a registered filed or as amended, may be granted as Proposes to purchase at the end of the holding company, has filed an applica provided by Rule U-23 of the rules and subscription period all unsubscribed tion pursuant to the Public Utility Hold regulations promulgated under the act, snares at the subscription price of $55 ing Company Act of 1935 (“act”) , desig or the Commission may grant exemption Pw share. The subscription price was nating section 6 (b) thereof and Rule from its rules as provided in Rules U-20 otermined by Worcester’s board of di U-50 thereunder as applicable to the (a) and U-100, or take such other action rectors after consideration of earnings, proposed transaction, which is summar as it may deem appropriate. jUvidends, and book value of the Worces- ized as follows: By the Commission. r common stock and other comparable The Company proposes to issue and “bty company common stocks. [ seal] O rval L. DuB ois, sell at competitive bidding, pursuant to Secretary. NEEg will use treasury funds for its Rule U-50, $6,000,000 principal amount p oposed acquisitions. Worcester will of First Mortgage Bonds __ percent [F. R. Doc. 57-1758; Filed, Mar. 7, 1957; PWy the proceeds from the sale , of the Series due April 1, 1987. Public invita 8:47 a. m.] 1538 NOTICES
[Pile No. 70-3566] order of said commission will be filed Washington 25, D. C. If no one requests W est P enn P ower Co. and W est P enn by amèndment. a hearing on this matter, this applica E lectric Co. Power’s expenses herein are estimated tion will be determined by order of the as follows: Commission on the basis of the facts NOTICE OP PROPOSAL BY SUBSIDIARY TO Price Waterhouse & Co., accountants- $2,000 stated in the application and other in ISSUE AND SELL ADDITIONAL COMMON Sullivan & Cromwell, attorneys___ _ 2, 500 formation contained in the official file of STOCK P rin tin g ______, 3, 000 the Commission pertaining to the M arch 4,1957. Subscription agent, transfer agent matter. Notice is hereby given that The West and registrar______1, 000 Penn Electric Company (“Electric”), a Federal stamp tax______19, 000 By the Commission. Registration fee______1, 250 registered holding company, and its pub Miscellaneous______2, 250 [seal] Orval L. DuBois, lic-utility subsidiary, West Penn Power Secretary. Company (“Power”), have filed a joint Total______—_____ 31, 000 [F. R. Doc. 57-1760; Filed, Mar. 7, 1957; application-declaration pursuant to the 8:48 a. m.] Public Utility Holding Company Act of Notice is further given that any inter r 1935 (“act”) , designating sections 6, 7, 9, ested person may, not later than March 10 and 12 thereof and Rules U-43 and 18, 1957 at 5:30 p. m., request the Com U-44 thereunder as applicable to the mission in writing that a hearing be held [File No. 7-1854] proposed transactions, which are sum on such matter, stating the nature of his marized as follows: interest, the reasons for such request, B ell Aircraft Corp. Power has outstanding 3,522,480 and the issues' of fact or law, if any, NOTICE OF APPLICATION FOR UNLISTED TRAD shares of Common Stock (without par raised by said application-declaration ING PRIVILEGES, AND OF OPPORTUNITY FOR value) and, pursuant to a rights offering which he desires to controvert; or he may HEARING to the holders of such outstanding request that he be .notified if the Com March 4,1957. shares, proposes to issue and sell addi mission should order a hearing thereon. ■ In the matter Of application by the tional shares sufficient to produce pro Any such request should be addressed: Philadelphia-Baltimore Stock Exchange ceeds of approximately $12,000,000. Secretary, Securities and Exchange for unlisted trading privileges in Bell Electric, which owns 3,346,367 shares Commission, Washington 25, D. C. At Aircraft Corporation, common stock, File (approximately 95 percent) of Power’s any time after said date the application- No. 7-1854. outstanding Common Stock, has agreed declaration, as filed or as amended, may The above -named stock exchange, to purchase at the subscription price be granted and permitted to become ef pursuant to section 12 (f) (2) of the all of the additional shares not sub fective as provided in Rule U-23 of the Securities Exchange Act of 1934 and scribed by the public stockholders. It rules and regulations promulgated under Rule X-12F-1 promulgated thereunder, further proposes to purchase, at a price the act, or the Commission may grant has made application for unlisted trad to be announced when the rights are is exemption from its rules as provided in ing privileges in the specified security, sued, such rights as are properly as Rules U-20 (a) and U-100 or take such which is listed and registered on the signed and delivered to it before their other action as it may deem appropriate. New York Stock Exchange. expiration. By the Commission. Upon receipt of a request, on or before Based on present market conditions, it March 19,1957, from any interested per is estimated that the offering price of the [seal] Orval L. D uBois, son, the Commission will determine additional Common Stock will be not less Secretary. whether to set the matter down for than $48 nor more than $53 per share, [F. R. Doc. 57-1759; File*!, Mar. 7, 1957; hearing. Such request should state and that the number of shares will be not 8:47 a.m .] briefly the nature of the interest of the more than 251,606 (1 for 14) nor less person making the request and the po than 234,832 (1 for 15). On or about sition he proposes to take at the hearing. March 21, 1956, transferable warrants In addition, any interested person may will be issued to the public holders of [File No. 7-1853] submit his views or any additional facts record at the close of business on the sec Atlas Corp. bearing on this application by means of ond full business day prior thereto, evi a letter addressed to the Secretary of dencing their rights to purchase NOTICE OP APPLICATION FOR UNLISTED the Securities and Exchange Commis additional shares at the subscription TRADING PRIVILEGES, AND OP OPPORTU sion, Washington 25, D. C. If no one price stated therein. The rights will NITY FOR HEARING requests a, hearing on this matter, this expire on or about April 16, 1957. No March 4,1957. application will be determined by order fractional shares will be issued. In the matter of application by the of the Commission on the basis of the Under the terms of the Trust Inden Boston Stock Exchange for unlisted facts stated in the application and other ture, dated as of September 1, 1949, trading privileges in Atlas Corporation, information contained in the official file securing its 3 y2 percent Sinking Fund common stock, File No. 7-1853. of the Commission pertaining to the Collateral Trust Bonds, Electric has cov The above named stock exchange, pur m atter.. enanted to maintain the Common Stock suant to section 12 (f) (2) of the Securi By the Commission. of Power pledged with the Trustee at ties Exchange Act of 1934 and Rule 94.6 percent of all the issued and out X-12-1 promulgated thereunder, has ~~ [ seal] Orval L; DuBois, standing common stock of Power; and, made application for unlisted trading Secretary. pursuant to such covenant, Electric privileges in the specified security, which [F. R. Doc. 57-1761; Filed, Mar. 7, 1957; proposes to pledge approximately 94.6 is listed Smd registered on the New York 8:48 a. m.] percent of the additional shares to be is Stock Exchange. sued by Power with Chemical Corn Ex Upon receipt of a request, on or before change Bank, the Indenture Trustee. March 19,1957, from any interested per Power proposes to use the proceeds [File No. 7-1855] from the sale of the additional Common son, the Commission will determine Stock, together with treasury cash and whether to set the matter down for hear TXL Oil Corp. the proceeds from a later (1957) issue of ing. Such request should state briefly NOTICE OF APPLICATION FOR UNLISTED TRAD about $20,000,000 of senior securities, in the nature of the interest of the person ING PRIVILEGES, AND OF OPPORTUNITY FO financing the 1957 and 1958 construction making the request and the position he HEARING 4 10K7 requirements of itself and its subsidiaries, proposes to take at the hearing. In addi March 4,1957. estimated at $61,000,000. tion, any interested person may submit In the matter of application by the It is stated that the Pennsylvania his views or any additional facts bear Philadelphia-Baltimore Stock Exchange Public Utility Commission has jurisdic ing on this application by means of a for unlisted trading privileges in tion over the issuance by Power of the letter addressed to the Secretary of the Oil Corporation, common stock, Fue additional common stock, and that the Securities and Exchange Commission, 7-1855. Friday, March 8, 1957 FEDERAL REGISTER 1539 The above named stock exchange, pur contained in the official file of the Com C laim ant, Claim No., Property, and Location suant to section 12 (f ) (2) of the Securi mission pertaining to the matter. k Josef Andreas Bockle, $454.74 in the Treas ties Exchange Act of 1934 and Rule X - By the Commission. ury of the United States; Agatha (Bockle) 12F-1 promulgated thereunder, has Lins, $454.74 in the Treasury of the Unitec] made application for unlisted trading [seal] O rval L. D uB o is, States; Martina Stieger, $113.69 in the Treas Secretary. ury of the United States; Regina (Stieger) privileges in the specified security, which Lang, $113.69 in the Treasury of the United is listed and registered on the New York [F. R. Doc. 57-1763; Filed, Mar. 7, 1957; States; Anna (Stieger) Matt, $113.68 in the S to ck Exchange. — 8:48 a. m.] Treasury of the United States; Rosina Upon receipt of a request, on or before (Stieger) Kochle, $113.68 in the Treasury of March 19,1957, from any interested per the United States; all of Vorarlberg, Austria; son, the Commission will determine Claim Nos. 44692, 44693, 44694 and 44695; whether to set the matter down for hear [File No. 7-1857] Vesting Order No. 4845. ing. Such request should state briefly Executed, at Washington, D. C., on the nature of the interest of the person Combustion Engineering, I nc. February 28,1957. making the request and the position he NOTICE OF APPLICATION FOR UNLISTED For .the Attorney General. proposis to take at the hearing. In ad TRADING PRIVILEGES, AND OF OPPORTUNITY dition, any interested person may sub FOR HEARING [ seal ] P aul V. M yron, mit his views or any additional facts March 4,1957. Deputy Director, bearing on this application by means of In the matter of application by the Office of Alien Property. a letter addressed to the Secretary of. the Philadelphia-Baltimore Stock Exchange [F. R. Doc. 57-^ 7 7 2 ; Filed, Mar. 7, 1957; Securities and Exchange Commission, for unlisted trading privileges in Com 8 :t>0 a. m.] Washington 25, D. C. If no one requests bustion Engineering, Inc., capital stock, aliearing on this matter, this application File No. 7-1857. will be determined by order of the Com The above named stock exchange, pur mission on the basis of the facts stated suant to section 12—Cf) (2) of the Securi R . DRENT in the application and other information ties Exchange Act of 1934 and Rule contained in the official file of the Com X-12F-1 promulgated thereunder, has NOTICE OF INTENTION TO RETURN VESTED mission pertaining to the matter. made application for unlisted trading PROPERTY By the Commission. privileges in the specified security, which Pursuant to section 32 (f) of the Trad is listed and registered on the New York ing With the Enemy Act, as amended, [seal] O rval L. D uB o is, Stock Exchange. < Secretary. notice is hereby given of intention to Upon receipt of a request, on or before return, on or after 30 days from the date [F. R. Doc. 57-1762; Piled, Mar. 7, 1957; March 19, 1957, from any interested of publication hereof, the following prop 8:48 a. m.] persons, the Commission will determine erty, subject to any increase or decrease whether to set the matter down for hear resulting from the administration ing. Such request should state briefly thereof prior to return, an$ after ade the nature of the interest of the person quate provision for taxes and conserva [Pile No. 7-1856] making the request and the position he tory expenses: proposes to take at the hearing. In ad Alum inum L td. dition, any interested person may submit C laim ant, Claim No., Property, and Location his views or any additional facts bearing NOTICE OF APPLICATION FOR UNLISTED TRAD R. Drent, 231 Hoofdstraat, Hoogeveen, The on this application by means of a letter Netherlands; Claim No. 60658, Vesting Order ING PRIVILEGES, AND OF OPPORTUNITY FOR addressed to the Secretary of the Se No. 17915; $125 in the Treasury of the United HEARING curities and /Exchange Commission, States; and 10 shares of ten cents par value M arch 4 , 1957. Washington 25, D. C. If no one requests ' capital stock of Keta Gas and Oil Corporation In the matter of application by the a hearing on this matter, this application and 7 shares of $5 par value common stock Philadelphia-Baltimore Stock Exchange will be determined by order of the Com of Swan Finch Oil Corporation, presently in for unlisted trading privileges in Alu the custody of the Federal Reserve. Bank, mission on the basis of the facts stated New York, New York. minum Limited, Capital Stock, Pile No. in the application and other information 7-1856. contained in the official file of the Com Executed at Washington, D. C., on The above named stock exchange, pur mission pertaining to the matter. February 28, 1957. . suant to section 12 (f) (2) of the Securi ties Exchange Act of 1934 and Rule By the Commission. For the Attorney General., X-12F-1 promulgated thereunder, has [seal] Orval L. D uBois, [seal] P aul V. M yron, - made application for unlisted trading Secretary. Deputy Director, privileges in the' specified security, which Office of Alien Property. is listed and registered on the New York [F. R. Doc. 57-1764; Filed, Mar. 7, 1957; 8:49 a. m.] [F. R. Doc. 57-1773; Filed, Mar. 7, 1957; and Pacific Coast Stock Exchanges. 8:50 a. m.] Upon receipt of a request, on or before March 19,1957, from any interested per son, the Commission will determine DEPARTMENT OF JUSTICE whether to set the matter down for hear Office of Alien Property ing. Such request should state briefly J0RGINE KAROLINE LOMHOLDT-PEDERSEN the nature of the interest of the person J osef Andreas B ocîkle et al. NOTICE OF INTENTION TO RETURN VESTED making the request and the position he NOTICE OF INTENTION TO RETURN VESTED PROPERTY Proposes to take at the hearing. In addi PROPERTY tion, any interested person may submit Pursuant to section 32 (f) of the Trad his views or any additional facts bearing Pursuant to section 32 (f ) of the Trad ing With the Enemy Act, as amended, on this application by means of a letter ing With the Enemy Act, as amended, notice is hereby given of intention to re notice is hereby given of intention to turn, on or after 30 days from the date addressed to the Secretary of the Securi return, on or after 30 days from the of publication hereof, the following prop ties and Exchange Commission, Wash date of publication hereof, the following erty located in Washington, D. C., includ ington 25, D. C. If no one requests a property, subject to any increase or de ing all royalties accrued thereunder and nearing on this matter, this application crease resulting from the administration all damages and profits recoverable for will be determined by order of the Com • thereof prior to return, and after ade past infringement thereof, after ade mission on the basis of the facts stated quate provision for taxes and conserva quate provision for taxes and conserva in the application and other information tory expenses: tory expenses: 1540 NOTICES
Claim ant, Claim No., and Property C laim ant, Claim No., Property, and Location Executed at Washington, D. C., on J0rgine Karoline Lomholdt-Pedersen, Cash in the Treasury of the United States February 28,1957. Charlottenlund, Denmark; Claim No. 62835; as noted below and aU right, title and inter property described in Vesting Order No. 201 est of the Attorney General acquired pur For the Attorney General. (8 F. R. 625, January 16, 1943), relating to suant to Vesting Order No. 18521 (16 F. R. [seal] P aul V. Myron, United States Letters P atent No. 2,102,506. 10097, October 3, 1951) in and to the secu Deputy Director, rities described below. Executed at Washington, D. C., on Jacob S. Rabbie, New York, New York, L. S. Office of Alien Property. February 28,1957. Claim No. 670) $1,338.00. Philippine Railway [F. R. Doc. 57-1777; Filed, Mar. 7, 1957; Company 4/37 Bonds Nos. 1595, 3330, 3677, 8:52 a. m.] For the Attorney General. 4334 and 4397, in the principal amount of [seal] P aul V. Myron, $1,000 each. Deputy Director, Wilhelmina, Prins, The Hague, Holland, Office of Alien Property. L. S. Claim No. 850; Central Pacific Railroad Company 4/49 Bond No. 13521 and Kansas I lse R uth S pitz [P. R. Doc. 57-1774; Piled, Mar. 7, 1957; City Southern Railway Company 3/50 Bond NOTICE OF INTENTION TO RETURN 8^51 a. m.] No. 15532, all in the principal am ount of $1,000 each. VESTED PROPERTY Johannes Suthoff, Leeuwarden, Holland, Pursuant to section 32 (f ) of the Trad L. S. Claim No. 854; North American Trust ing With the Enemy Act, as amended, Shares 1953, Ctfs. Nos. 157652 and 168302/3 E dgar P ohl for 10 shares each. notice is hereby given of intention to re Jacob S. Rabbie, New York, New York, L. S. turn, on or after 30 .days from the date NOTICE OF INTENTION TO RETURN VESTED Claim No. 670; All right, title and interest of publication hereof, the following prop PROPERTY of the Attorney General acquired pursuant erty, subject to any increase or decrease Pursuant to section 32 (f) of the Trad to Vesting Order No. 18620 (16 F. R. 11547, resulting from the administration there November 14, 1951) in and to Southern Rail of prior to return, and after adequate ing With the Enemy Act, as amended, way Company 4/56 Bond No. 40507, in the notice is hereby given of intention to provision for taxes • and conservatory principal amount of $1,000. expenses: return, on or after 30 days from the date Vesting Orders 18521 and 18620. of publication hereof, the following C laim ant, C laim No., Property, and Location property, subject to any increase or de Executed at Washington, D. C., on lise R uth Spitz, Munchen-Gladdbach, crease resulting from the administration February 28, 1957. Germany, Claim No. 66762, Vesting Order No. thereof prior to return, and after ade For the Attorney General. 18001; $2,652.24 in the Treasury of the United quate provision for taxes and conserva States. tory expenses: [ seal] P aul V. Myron, Deputy Director, Executed at Washington, D. C., on C laim ant, Claim No., Property, and Location Office of Alien Property. February 28, 1957. Edgar Pohl, Onsabruck, Germany, Claim [F. R. Doc. 57-1776; Filed, Mar. 7, 1957; For the Attorney General. No. 45768; Vesting Order No. 11914; $5,548.57 8:51 a. m.] in the Treasury of the United States and [seal] P aul V. Myron, An undivided one-third .(%) interest in Deputy Director, and to one $1,000.00 face value 7% Edge- \ Office of Alien Property. water Club of Southern California (First (Closed) Mortgage Leasehold Sinking Fund R osemonde R ostand [F. R. Doc. 57-1778; Filed, Mar. 7, 1957; Gold Bond, due December 1, 1940, numbered 8 :52 a. m.] M-122, with June 1, 1928, and s. c. a. and NOTICE OF INTENTION TO RETURN VESTED in and to two and one-half (2y2) shares PROPERTY of $100.00 par value Class “A” First Pre Pursuant to section 32 (f) of the Trad ferred capital stock of the Sierra Marble Company, Inc., included in the five shares ing With the Enemy Act, as amended, M. Vroman of said stock evidenced by Certificate No. notice is hereby given of intention to return, on or after 30 days from the date NOTICE OF INTENTION TO RETURN VESTED A-124, registered in the name of Anton . PROPERTY Knittel. of publication hereof, the following prop The above bond and stock certificate are erty located in Washington, D. C., in Pursuant to section 32 (f ) of the Trad in the custody of the Office of Alien Prop cluding all royalties accrued thereunder ing With the Enemy Act, as amended, erty, Washington, D. C. and all damages and profits recoverable notice is hereby given of intention to Executed at Washington, D. C., on for past infringement thereof, after ade return, on or after 30 days from the date February 28, 1957v quate provision for taxes and conserva of publication hereof, the following tory expenses: property, subject to any increase or de For the Attorney General. Claim ant, Claim No., and Property crease resulting from the administration thereof prior to return, and after ade- [seai,] P aul V. Myron, Rosemonde Rostand, 17, Chaussee de la Deputy Director, Muette, Paris France, Claim No. 43854; Mau quatè provision for taxes and conserva Office of Alien Property. rice Rostand, 17 Chaussee de la Muette, Paris, tory expenses: France, Claim No. 43855; Jean Rostand, 29, C laim ant, C laim No., Property, and Location [F. R. Doc. 57-1775; Filed Mar. 7, 1957; rue Pradier ViUe D’Avray (Seine & Oise), 8:51 a. m.] France, Claim No. 43856; $46.07 in the Treas M. Vroman, Utrecht, The Netherlands, ury of the United States, one-third thereof Claim No. 60194, Vesting Order Nos. 17836 to each claimant. - and 17915; $250.00 in the Treasury of the An undivided one-third (%) interest to United States; J acob S. R abbie et al. each in: Twenty shares of $0.10 par value common All right, .title, interest and claim of what stock of the Keta Gas & Oil Corporation, ten NOTICE OF INTENTION TO RETURN VESTED soever kind or nature in and to every copy of which shares are represented by Certificate PROPERTY right, claim of copyright, license, agreement, No. CO 72 and ten of which shares are in privilege and power, and every right of what cluded in those represented by Certificate No. Pursuant to section 32 (f) of the soever nature, including but not limited to, C 124, both of which certificates are regi - Trading With the Enemy Act, as amend all monies and amounts by way of royalties, tered in the name of the Attorney Genera, ed, notice is hereby given of intention share of profits or other emolument, and all and ® causes of action accrued or to "accrue relating Fourteen shares of $5.00 par value cominon to return, on or after 30 days from the stock of the Swan Finch Oil Corporatio. date of publication hereof, the following to the book entitled CYRANO DE BERGE RAC, by Edmond Rostand, as listed in Ex seven of which shares are included in tn property, subject to any increase or de hibit A of Vesting Order No. 3430 (9 F. R. represented by Certificate No. C 06965 crease resulting from the administra 13768, November 17, 1944), to the extent seven of which sharks are included in t os tion thereof prior to return, and after owned by the claimants immediately prior represented by Certificate No. C 6556, bot adequate provision for taxes and con to the vesting thereof by Vesting Order No. which certificates are registered in the nam servatory expenses: 8430. of the Attorney General. Friday, March 8, 1957 FEDERAL REGISTER 1541
The above thirty-four (34) shares of stock Vesting Order No. 18521. western trunk line territories to points are held in the Federal Reserve Bank, New Netherlands Embassy, Office of the Finan in Illinois, Indiana, Iowa, Kansas, Ken York, ior safekeeping. cial Counselor, 25 Broadway, New York 4, New York. tucky, Michigan, Minnesota, Missouri, Executed at Washington, D. C., on Nebraska and Wisconsin also to points February 28, 1957. Executed at Washington, D. C„ on in Manitoba and Ontario, Canada. February 28, 1957. Grounds for relief: Carrier competi For the Attorney General. For the Attorney General. _ tion and circuity. [seal] P ath, V. M yron, FSA No. 33338: Foodstuffs—Southern Deputy Director, [sem<] P aul V. Myron, Ports to Central Territory. Filed by H. Office of Alien Property. Deputy Director, M. Engdahl, Agent, for interested rail Office of Alien Property. carriers. Rates on foodstuffs, canned, [P. R. Doc. 5^-1779; Filed, Mar. 7, 1957; 8:52 a. m.] [F. R. Doc; 57-1780; Filed, Mar. 7, 1957; preserved, etc., carloads from southern 8:52 a. m.J south Atlantic, Florida, and Gulf ports (import traffic) to specified points in Indiana, Ohio, and West Virginia. INTERSTATE COMMERCE Grounds for relief: Port competition State of Netherlands F or B enefit of and circuitous routes. Mrs. C. W erner et al. COMMISSION Tariff: Supplement 30 to Agent Eng- notice of intention to return vested F ourth S ection Applications for dahl’s tariff I. C. C. 133. property R elief FSA No. 33339: Paper Winding Cores Between and to Points in the South. Pursuant to section 32 (f) of the Trad March'S, 195.7. Filed by O. W. South, Jr., Agent, for ing With the Enemy Act, as amended, Protests to the granting of an appli interested rail carriers. Rates on news notice is hereby given of intention to cation must be prepared in accordance print paper winding cores, new or used, return, on or after $0 days from the date with Rule 40 of the general rules of carloads between points in southern of publication hereof, the following prop practice (49 CFR 1.40) and filed within territory, and from points in official, in erty, subject to any increase or decrease 15 days from the date of publication of cluding Illinois territory and western resulting from the administration this notice in the F ederal R egister. trunk line territory to points in southern thereof prior to return, and after ade territory. quate provision for taxes and conserva LONG-AND-SHORT-HAUL Grounds for relief: Carrier competi tory expenses: FSA No. 33336: Paper Winding Cores, tion and circuity. FSA No. 33340: Substituted Service— Claimant, Claim No., Property, and Location From and To Official Territory. Filed by Motor-Rail-Motor, Pennsylvania Rail The State of the Netherlands for the bene O. E. Schultz, Agent, for interested rail carriers. Rates on newsprint paper road. Filed by The Eastern Central fit of: (Cash in the Treasury of the United Motor Carriers Association, Inc., Agent, States as noted below and all right, title and. winding cores, old and used, carloads interest of the Attorney General acquired (returned to points of origin) from and for The Pennsylvania Railroad Com pursuant to Vesting Order No. 18521 (16 F. R. to points within official (including Illi pany and interested motor carriers. 10097, October 3, 195,1) in and to the securi nois) territory, from points in southern Rates on freight loaded in highway ties described below.) and western trunk line territories to trailers and transported on railroad flat Mrs. C. Werner, M. P. S. and J. Ph. H. E. cars between Chicago, 111., and Balti van Lier, L. S. Claim No. 26; $5,597.00. K an points in official (including Illinois) ter ritory, and Canada and from points in more, Md. (on traffic originating at, or sas City Southern Railway Co. 5/50 Bond destined to, points on motor carriers No. 3407, in the principal, amount of $1,000. official (including Illinois) territory to Mrs. F„ Dr. Albert and Jacob Roos, L. S. Canada. beyond the named points). Grounds for relief: Carrier competi Grounds for relief: M^tor truck Claim No. 220; Cities Service Company 5/69 competition. Debenture No. 37884, in the principal am ount tion and circuity. Tariff: Eastern Central Motor Car of $1,000. ^ - FSA No. 33337: Paper Winding Cores Elizabeth, Helena, Siegmund and Eva Tas, riers Association, Inc., Agent, tariff to Western and Canadian Points. Filed I. C. C. No. 14, Supplement No. 2. Philip Sondervan, Werner Birnbaum, Maurits by W. J. Prueter, Agent, for interested Paraira, Heyman, Jacob and Klaartje van By the Commission. Lier, Ella and Henri van Dijk, Regina Loeven, rail carriers. Rates on cores, news Henriette de Hare Winkelman and Hendrika print paper winding, old or reused, in [seal] , H arold D. M cCoy, Noordam, L. S. Claim No. 761; $1,364.47. carloads, as described in the application Secretary. Hendrik van Soelen, L.'S. Claim No. 778; returned to original points of origin from [F. R. Doc. 57-1753; Filed, Mar. 7, 1957; $3,920.80. : points in southern, official, Illinois and 8:46 a. m .|