FCC Record, Volume 2, No. 1, Pages 1 to 409, January 5 - January 16, 1987 Page: 43
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Federal Communications Commission Record
The Bureau's failure to recognize this at the time the
amendment was filed or at designation, we believe, cannot
be explained away either on the basis that the information
submitted by TTP regarding control of the partnership
was ambiguous as held by the Board, 13 or on the basis
that TTP acted in bad faith by somehow witholding information
as to its ownership and control structure as
held by the ALJ.
15. In view of the foregoing, we believe that TTP should
receive the same treatment as the applicant in Redwood.
Like the applicant in Redwood, TTP has participated in
this proceeding in the erroneous belief that there were no
serious objections to its ownership and was not given the
opportunity to withdraw its amendment. We will therefore
give TTP ten days to further amend its application to
indicate that control has been restored to the individuals
who originally controlled TTP, or suffer dismissal of its
16. ACCORDINGLY, IT IS ORDERED, That the Application
for Review filed May 12, 1986 by Tequesta
Television Partners Limited Partnership IS GRANTED in
part and otherwise IS DENIED; and that the Memorandum
Opinion and Order of the Review Board, FCC
86R-22, released April 11, 1986 (60 RR 2d 137) IS
MOIIFIED as herein indicated.
17. IT IS FURTHER ORDERED, That the application
of Tequesta Television Partners Limited Partnership (File
No. BPCT-841129K1) IS REINSTATED, on condition that
within ten (10) days after the release date of this Memorandum
Opinion and Order Tequesta Television Partners
Limited Partnership submits an amendment returning
control to the individuals originally listed in its application
as controlling it; and that otherwise the Review
Board IS AUTHORIZED to dismiss the application; in
the event that Tequesta Television Limited Partnership
restores its ownership to the status quo ante the Review
Board IS AUTHORIZED to remand the proceeding to
the ALJ for preparation of a Supplemental Initial Decision.
10 Uniform Partnership Act 18(h), incorporated by reference
U.L.P.A. 9(1); Fla. Stat. Ann. 620.09(1), 620.645(5),(8).
1 U.L.P.A. 7; Fla. Stat. Ann. 620.07.
12 Except for minor engineering changes not here relevant to
the question of control.
13 To the extent that information submitted by TTP was
ambiguous, the ambiguities involved material submitted in response
to post-designation discovery requests, which was not
considered by the Bureau. Moreover, we do not fully agree with
the Board's analysis of this post-designation material. Specifically,
the Board chastized TTP for failing to clarify in its
limited partnership agreement the distinction between the powers
of "the partnership," which refers to both general and
limited partners and the powers of "the general partners." The
basis for the Board's criticism is not readily apparent, since the
provision of the agreement relating to partnership powers states
that: "the Partnership and the General Partners shall be empowered
... to do or cause to be done, or not to do, any and all
acts deemed by the General Partners to be necessary or appropriate
in furtherance of the business of the partnership . .."
[emphasis added]. Triple J. Exh. 6 at 7. The agreement further
provides that each general partner has one vote on all partnership
decisions. Id. at 10. Limited partners are prohibited from
taking part in the partnership business. Id. at 27.
14 Exceptions to an Initial Decision of the Presiding Judge are
currently pending before the Board.
FEDERAL COMMUNICATIONS COMMISSION
William J. Tricarico
1 7equesta Television, Inc., 60 RR 2d 137 (Rev. Bd. 1986).
2 The Uniform Limited Partnership Act (1916) is hereinafter
referred to as the U.L.P.A. The Florida Act is Fla. Stat. Ann.
620.01-620.32 (West 1977) as amended. Florida has not adopted
the Revised Uniform Limited Partnership Act (1976).
3 Mimeo No. 3030, released March 12, 1985.
4 FCC 86M-382. released January 31, 1986.
5 52 RR 2d 1365 (1982) (hereinafter Redwood).
6 )0 RR 2d at 140.
7 See Processing of Broadcast Applications, 56 RR 2d 941, 945
(1984); Anax Broadcasting, Inc., 87 FCC 2d 483, 487-88 (1981);
Grace Missionary Baptist Church, 80 FCC 2d 330, 336-37 (1980).
8 Anax Broadcasting, Inc., supra at 486.
9 TTP's Exhibit No. 2 to Section 11 of FCC Form 301.
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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/m1/50/: accessed December 11, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.