FCC Record, Volume 2, No. 1, Pages 1 to 409, January 5 - January 16, 1987 Page: 45
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Federal Communications Commission Record
to serve completely different areas. In Public Service there
was no showing that the proposed communities were
integrally part of a larger metropolitan area.
5. ACCORDINGLY, IT IS ORDERED, That the Motion
for Leave to File Response, filed June 26, 1986, by
Compadres Communications Corp. IS DENIED in part
and GRANTED in part; and the Response, filed June 26,
1986, by Compadres Communications Corp. IS DISMISSED
in part and ACCEPTED in part.
6. IT IS FURTHER ORDERED, That the Applications
for Review, filed on April 21, 1986, by Arizona Number
One Radio, Inc., on April 24, 1986, by Diane M. Greenlee,
and on April 25, 1986, by Interstate Broadcasting
System of Arizona, Inc., Compadres Communications
Corp., and Lee Optical and Associated Companies Retirement
and Pension Fund Trust ARE DENIED. 12
FEDERAL COMMUNICATIONS COMMISSION
1 In determining whether Huntington applies, we consider all
of the following criteria: (1) power and class of station; (2)
independence or interdependence of the specified "community"
to central city of "urbanized area"; (3) size and proximity of
specified "community" to central city of "urbanized area"; and
(4) signal coverage. See Debra D. Carrigan, supra at 738-31. See
also New Radio Corp.v. FCC, No. 85-1462, slip op. at 10 (D.C.
Cir. Nov. 7, 1986;) and Hispanic Owners, Inc., supra, FCC
86-316, paras. 2-3.
12 We note that questions concerning the constitutionality of
preferences based upon female and minority ownership have
been raised in conjunction with Steele v. FCC, No. 84-1176
(D.C. Cir.). Although Newmountain's 100% full-time integration
proposal is qualitatively enhanced, inter alia, by 35% minority
and 10% female ownership, there is no need to delay
resolution of this proceeding. Newmountain, with 100% fulltime
integration and no media interests, would prevail under
the standard comparative issue even if it received no enhancement
credit (or the integration of its minority and. female
William J. Tricarico
Compadres seeks permission to respond to Lee Optical's
June 9, 1986 Supplement to Application for Review and to
certain matters in Newmountain's Opposition. To the extent
that Compadres seeks to respond to matters in Newmountain's
Opposition, we will deny Compadres' Motion and dismiss the
Response. Section 1.115(f) of the Rules provides that replies to
oppositions will be accepted only if requested by the Commission.
We have not requested that replies or other additional
pleadings be filed in this proceeding.
2 Arizona Radio reports that Peggy Jensen will serve as Vice
President, Edgar N. Brouchard will serve as
Chairman/President, and Leland Vance will serve as
Secretary/Treasurer of Arizona Radio. These changes are occasioned
by the death of Donald Jensen, which was reported to
the Commission on June 13, 1986. Peggy Jensen, who is the'
executrix of Jensen's estate, has no ownership interest in Arizona
Radio or any other media of mass communications. In
view of our action herein, the reported change has no impact
on the outcome of this proceeding.
3 Huntington Broadcasting Co., 14 FCC 563, affd, Huntington
Broadcasting Co.v. FCC, 192 F.2d 33 (D.C. Cir. 1951).
4 See Hispanic Owners, Inc., 99 FCC 2d 1180, 1188 (Rev. Bd.
1984), review denied, FCC 86-316, released July 14, 1986, appeal
pending, Rio Rancho Broadcasting Inc.v. FCC, Case No. 1453
(Aug. 13, 1986), where the Huntington doctrine was held to
apply to a high-powered Class C FM station.
5 Peoria is part of the Peoria Unified School District, which
serves a large part of the Phoenix metropolitan area. The
District Office is located in Glendale. It operates one high
school and 5 elementary schools in Peoria and one high school
and 6 elementary schools in Glendale. Newmountain Ex. 1, p.5.
6 Lee Optical Ex. 1, p. 8.
7 Id. at p. 7.
8 Newmountain Ex. 1, p. 9.
9 Newmountain Ex. 1, p. 9.
10 Newmountain Ex. 1, pp. 2-3.
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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/m1/52/: accessed June 26, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.