FCC Record, Volume 1, No. 7, Pages 1267 to 1368, December 22, 1986 - January 2, 1987 Page: 1,267
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Federal Communications Commission Record
Federal Communications Commission
Washington, D.C. 20554
MM DOCKET NO. 84-312
File No. BPH-830714BF
'n re Applications of
WINK RADIO, INC.
For a Construction Permit
for a New FM Station
MM DOCKET NO. 84-301
File No. BPH-830325AC
MM DOCKET NO. 84-303
File No. BPH-830516AK
MM DOCKET NO. 84-304
File No. BPH-830713AQ
MM DOCKET NO. 84-305
File No. BPH-830714AE
MM DOCKET NO. 84-306
File No. BPH-830714AF
MM DOCKET NO. 84-307
File No. BPH-830714AG
MM DOCKET NO. 84-308
File No. BPH-830714AH
MM DOCKET NO. 84-309
File No. BPH-830714AI
MM DOCKET NO. 84-310
File No. BPH-830714AK
MEMORANDUM OPINION AND ORDER
Adopted: December 16,1986; Released: December 23, 1986
1. The Review Board has under consideration the petitions
for reconsideration filed on November 17, 1986 by
Garden City Broadcasting, Inc. (GCB) and WINK Radio,
Inc. (WINK) and GCB's motion to enlarge issues filed on
the same date. In our Decision released October 16, 1986,
1 FCC Rcd 181, 61 RR 2d 389 (Rev. Bd. 1986), we
granted the application of Jarad Broadcasting Company,
Inc. (Jarad) for permanent authority to construct an FM
broadcast station to operate on Channel 224 at Garden
City, New York, after finding Jarad's application to be
comparatively superior. We shall deny the petitions for
reconsideration because they seek merely to reargue matters
already addressed and resolved in our Decision. That
is, insofar as GCB and WINK both attack the Board's
analysis of the qualitative enhancement factors supporting
Jarad's integration preference, as well as our treatment of
WINK's coverage advantage, these matters were fully considered
at note 3 and paras. 23, 25, 46, 48-49, 53 of our
Decision and will not be revisited. See WWIZ, Inc., 37
FCC 685, 686 (1984), aff'd sub nom. Lorain Journal Co. v.
FCC, 351 F.2d 824 (D.C. Cir.), cert den., 383 U.S. 967
(1966); see also Clay Television, Inc., 98 FCC 2d 510 (Rev.
Bd. 1984), rev. den., FCC 85-356, released July 12, 1985.
2. GCB's motion to enlarge issues seeks the specification
of a misrepresentation issue against Jarad, and a
reopening of the record in this proceeding, on the
grounds that Jarad principal Ronald J. Morey misrepresented
his claimed status as a member of a minority
group (American Indian). We shall deny GCB's motion.
First, the materials relied on by GCB to support its
motion were available to it at the hearing; yet, it made no
effort to seek enlargement of the issues at the time to
explore any misrepresentation. Thus, its request now is
incurably late. See Kaye-Smith Enterprises, 98 FCC 2d 675,
685-6, 56 RR 2d 252, 260 (Rev. Bd. 1984). Second, in our
Decision, we awarded Jarad no minority enhancement
credit because Jarad had failed to meet its burden of
proving Mr. Morey's status as an Indian. 1 FCC Red at
182-183, 61 RR 2d at 398-399. Specifically, we stated in
para. 10 of our Decision that "We do not hold that the
record establishes that Morey is not an Indian but only
that it does not establish that he is an Indian." It does not
automatically follow, however, that Mr. Morey's claim
amounted to a misrepresentation or that he intended to
mislead the Commission, and GCB has failed to demonstrate
prima facie that an issue is warranted. No evidence
whatever has been offered to show that Mr. Morey
does not in fact believe that he is of Indian ancestry. See
Garrett, Andrews and Letizia, Inc., 86 FCC 2d 1172,
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United States. Federal Communications Commission. FCC Record, Volume 1, No. 7, Pages 1267 to 1368, December 22, 1986 - January 2, 1987, book, January 1987; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc1579/m1/6/: accessed December 16, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.