FCC Record, Volume 2, No. 2, Pages 410 to 642, January 20 - January 30, 1987 Page: 482
ii, 410-642, iii p. ; 28 cm.View a full description of this book.
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Federal Communications Commission, Record
depended on the dates of their hearing designations. Accordingly,
and as set forth in the Memorandum Opinion
and Order (paragraph 23). the Commission determined
that using the application date would allow for more
certainty by those applicants, noting that such a deadline
would be less susceptible to delay caused by other interested
parties.
6. Petitioner, as noted, filed its rule making request
subsequent to release of the Second Report and Order but
prior to release of the Memorandum Opinion and Order.
Although claiming to have filed in reliance on the hearing
designation date adopted in the Second Report and
Order, petitioner cannot be heard to argue that the Commission
lacks authority to change its rules and policies in
the interim between release of those two documents. The
Commission has broad discretion to alter, on reconsideration,
its initial rule making determinations and it properly
excercised that discretion in this case. Further. the
Commission acted not to prejudice petitioner or other
daytimers. In changing the deadline date, the Commission
acted to further a legitimate regulatory end, i. e. providing
more certainty for applicants, and it clearly set forth its
reason for acting. In light of these circumstances, the
Commission rejects petitioner's assertion that the change
to the application date was arbitrary and capricious.
7. Finally, to grant petitioner's request to either grandfather
the pre
Memorandum Opinion and Order status of
petitioner and others who .may be similarly situated or to
hold certain FM rule making allotments in abeyance
would defeat the articulated purpose of the change and
unnecessarily delay service to the public, respectively. In
the latter regard, it is the public interest and not that of a
prospective applicant for a station which is paramount.Such a policy would be counterproductive by discouraging
improved nighttime AM service from many eligible
stations. In addition, the basic reason for the enhancement
credit, namely the lack of nightime service has been
eliminated for those stations now authorized 250 Watts or
more. Without a remaining compelling reason for the
enhancement credit. it would be inappropriate to grant
the credit.
10. Accordingly. IT IS ORDERED, That the Petition
for Reconsideration filed by Gordon Media Corporation
IS DENIED.
11. For further information concerning this proceeding,
contact Joel Rosenberg, Mass Media Bureau, (202)
634-6530.
FEDERAL COMMUNICATIONS COMMISSION
William J. Tricarico
Secretary
FOOTNOTE
1 101 F.C.C. 2d 638 (1985).OTHER MATTERS
8. In a related matter, the Commission believes it
appropriate to clarify the eligibility criteria for a comparative
enhancement credit for those daytime-only AM
stations. recently authorized to operate at night on a
foreign clear channel. that apply for an FM channel in
the same community. As a result of Commission action in
MM Docket No. 84-281, Nighttime Operations on Canadian,
Mexican, and Bahamian AM Clear Channels, 101
F.C.C. 2d 1 (1985), many daytime-only AM broadcasters
on designated foreign clear channels can now provide
nighttime service at limited power levels. In the Memorandum
Opinion and Order in this proceeding, note 27,
the Commission specified which of the newly authorized
stations remain eligible for the enhancement credit. Specifically,
the Commission defined those stations with authorized
powers of 250 Watts or more as full time stations
and not eligible for the credit while those authorized less
nighttime power could still be accorded the credit. This
gives rise to the question of whether a station that is
authorized 250 Watts or more may decline the power and
thus retain the enhancement credit.
9. Because eligibility for the credit is reserved for
licensees which are limited to and have provided only
daytime service for three years prior to application for
FM channels. licensees which are no longer limited to
daytime service as defined above are not eligible. We do
not believe it is in the public interest to provide extended
eligibility for the credit to those broadcasters who no
longer are restricted only to effective daytime service and
who decline to initiate effective nighttime operations.
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United States. Federal Communications Commission. FCC Record, Volume 2, No. 2, Pages 410 to 642, January 20 - January 30, 1987, book, January 1987; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc1609/m1/77/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.