[Federal Register Volume 61, Number 21 (Wednesday, January 31, 1996)]
[Notices]
[Pages 3423-3424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1853]
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FEDERAL COMMUNICATIONS COMMISSION
[GC Docket No. 95-172; FCC 95-468]
Rainbow Broadcasting Co.
AGENCY: Federal Communications Commission.
ACTION: Hearing Designation Order.
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SUMMARY: The Commission is designating a hearing to determine whether
Rainbow Broadcasting Company is qualified to be a Commission licensee.
The United States Court of Appeals for the District of Columbia
directed the Commission to conduct such a hearing. The hearing will
resolve all questions regarding Rainbow Broadcasting Company's
qualifications.
FOR FURTHER INFORMATION CONTACT: Ava H. Berland, Office of General
Counsel, at 202-418-1720.
SUPPLEMENATARY INFORMATION: 1. This is a summary of the Memorandum
Opinion and Hearing Designation Order in GC Docket No. 95-172, adopted
November 20, 1995 and released November 22, 1995. The full text of this
document is available for inspection and copying, Monday through
Friday, 9 a.m. to 4:30 p.m. in the FCC Dockets Reference Room (room
239), 1919 M St., N.W., Washington, D.C. 20554, and may be purchased
from the Commission's copy contractor, International Transcription
Services, Inc. (ITS), 2100 M Street, N.W., Suite 140, Washington, D.C.
20037.
2. The court in Press Broadcasting Company, Inc. v. FCC, 59 F.3d
1365
[[Page 3424]]
(D.C. Cir. 1965) determined that substantial and material questions of
fact exist regarding the basic qualifications of Rainbow Broadcasting
Company, the permittee for Station WRBW (TV), Orlando, Florida, to be a
Commission licensee and thus ordered the Commission to conduct further
proceedings to resolve those questions. Specifically, the court held
that the Commission must resolve whether Rainbow made
misrepresentations regarding its ex parte contacts, its financial
qualifications, and its failure to construct. The court also directed
the Commission to address whether Rainbow Broadcasting Company had made
the requisite showing that would have justified the Commission's grant
of its final application for an extension of time to construct its
facilities. Accordingly, in order to resolve all of these issues, the
Commission is designating the matter for hearing. The Commission
further is taking the opportunity to clarify its policies regarding
grants of extension applications.
3. It is further ordered, That Press is made party to the hearing
ordered herein, and that, a separate trial staff shall be designated by
the Office of General Counsel to represent the Commission, in light of
the Mass Media Bureau's recusal from this proceeding.
4. It is further ordered, That, the Administrative Law Judge shall
render a determination on each designated issue.
5. It is further ordered, That, to avail themselves of the
opportunity to be heard, the parties respondent herein, pursuant to
Section 1.221 of the Commission's Rules, in person or by attorney,
shall file with the Commission, within twenty (20) days of the mailing
of this Order, a written appearance in triplicate, stating an intention
to appear on the date filed for the hearing and present evidence on the
issues specified in this Order.
6. It is further ordered, That Rainbow shall, pursuant to Section
311(a)(2) of the Communications Act of 1934, as amended, and Section
73.3594 of the Commission's Rules, give notice of the hearing within
the time and in the manner prescribed in that rule, and shall advise
the Commission of the publication of such notice as required by Section
73.3594(g) of the Rules.
7. It is further ordered, That the Secretary send by Certified
Mail-Return Receipt Requested, one copy of this Order to each of the
parties to this proceeding.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-1853 Filed 1-30-96; 8:45 am]
BILLING CODE 6712-01-P
