FCC Record, Volume 2, No. 1, Pages 1 to 409, January 5 - January 16, 1987 Page: 41
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Federal Communications Commission Record
Federal Communications Commission
Washington, D.C. 20554
MM Docket No. 85-60
In re Applications of
Ruth Sperling and
Bonita Gooch, et al. d/b/a
FILE NO. BPCT-841129KE
FILE NO. BPCT-841129KI
FILE NO. BPCT-841129KL
FILE NO. BPCT-841129KP
2. TTP filed its application in this multi-party proceeding
for a new UHF television station at Tequesta, Florida
on November 29, 1984. The application described TTP as
a limited partnership organized under Florida's version of
the Uniform Limited Partnership Act. 2 Two individuals,
William H. Dilday, Jr. and Ruth Sperling, were listed as
general partners and one individual, Thomas F. Carney,
Jr., was listed as a limited partner. The application provided
that: "each of the general partners has an equal
voice in the affairs and business of the partnership."
Dilday was specified as having a 10% ownership interest,
Sperling as having a 2.5% interest, and Carney as having
an 87.5% interest.
3. On January 16, 1985, the B cutoff date, TTP filed an
amendment reporting a change in ownership. The amendment
deleted Dilday as a general partner and listed Bonita
Gooch in his place. Gooch's ownership was specified as
2.5%, as compared with Dildax previously held 10%, the
difference representing an increase in the limited partner's
(Carney) ownership interest from 87.5% to 95%.
Thereafter, the Chief of the Video Services Division of the
Mass Media Bureau designated the above-captioned applications
for consolidated hearing under delegated authority.
The Hearing Designation Order indicated no
disapproval of TTP's January 16 amendment. 3 Following
designation, however, that amendment was challenged
during the discovery stage of this proceeding and at
INC. FILE NO. BPCT-841129KR
G Released: January 8, 1987
By the Commission:
1. The Commission has before it: (1) an Application for
Review filed May 12, 1986 by Tequesta Television Partners
Limited Partnership (TTP); and (2) Oppositions filed
May 27, 1986 by Triple J. Properties, Inc. (Triple J) and
Zephyr Broadcasting Corporation (Zephyr). These pleadings
concern a Memorandum Opinion and Order of the
Review Board which upheld the dismissal of TTP's application.
II. ORDERS BELOW
4. After the close of the hearing, Administrative Law
Judge Edward J. Kuhlmann granted a motion by another
party and dismissed TTP's application.4 The AL held that
the January 16 amendment required the assignment of a
new file number under Section 73.3572(b) of the Commission's
Rules because 50% control of TTP had been
transferred from Dilday to Gooch. The ALJ rejected
TTP's argument that equitable considerations militated
against dismissal at that late stage of the proceeding.
5. On appeal the Review Board affirmed the AL in all
material respects. The Board found that under both the
former and current versions of the Rule, the transfer of a
50% general partnership interest to a new party requires
assignment of a new file number and a return of the
application to the processing line, and that-the interests of
the limited partners were irrelevant to this question. Additionally,
distinguishing this case from Redwood Television
Ministries, Inc., s the Board found that there were no
equities militating against dismissal. In the Board's view,
the Bureau's failure to call attention to TTP's defective
amendment and give TTP the opportunity to withdraw it
was due solely to ambiguities in TTP's own description of
its ownership and not to any error on the Bureau's part
in processing the application. The Board noted several
aspects of TTP's amendment, interrogatory responses, and
limited partnership agreement which it considered ambiguous.
Agreeing with the ALJ, the Board further stated
that: "where the Bureau was processing B cut-off changes
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United States. Federal Communications Commission. FCC Record, Volume 2, No. 1, Pages 1 to 409, January 5 - January 16, 1987, book, January 1987; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc1597/m1/48/: accessed August 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.