FCC Record, Volume 2, No. 1, Pages 1 to 409, January 5 - January 16, 1987 Page: 84
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Federal Communications Commission Record
hazard to air navigation, an issue with respect thereto will
be included and the F.A.A. made a party to the proceeding.
8. Graham. Mr. Graham has indicated that he is the
General Sales Manager at WWSA(AM)/WCHY(FM), Savannah,
Georgia. The FM transmitters of Graham's proposed
Hardeeville facility and WCHY are located
approximately 23 miles apart. We conclude that his continuing
in any managerial capacity at WCHY(FM) would
create a prohibited overlap pursuant to 47 C.F.R.
73.3555(a)(2). See Allan Pratt Page, 19 RR 2d 223, 224
(1970). Accordingly, an appropriate issue will be specified.
9. Other matters. The applicants below have petitioned
for leave to amend their applications on the dates shown.
The accompanying amendments were filed after the last
date for filing minor amendments as of right. Under
Section 1.65 of the Commission's Rules, the amendments
are accepted for filing. However, an applicant may not
improve its comparative position after the time for
amendments as of right has passed. Therefore, any comparative
advantage resulting from the amendments will be
DATE AMENDMENT(S) FILED
March 7, 1986
June 18, 1986
July 1, 1986
April 2, June 5 and July 11, 1986
May 5, May 28 and October 6, 1986
March 7, May 1 and June 23, 1986
April 30, 1986
10. Data submitted by the applicants indicate there
would be significant difference in the size of the areas and
populations which would receive service from the proposals.
Consequently, the areas and populations which would
receive FM service of 1 mV/m or greater intensity, together
with the availability of other primary aural services
in such areas, will be considered under the standard
comparative issue for the purpose of determining whether
a comparative preference should accrue to any of the
11. Except as may be indicated by any issues specified
below, the applicants are qualified to construct and operate
as proposed. Since the proposals are mutually exclusive,
they must be designated for hearing in a consolidated
proceeding on the issues specified below.
12. Accordingly, IT IS ORDERED, That, pursuant to
Section 309(e) of the Communications Act of 1934, as
amended, the applications ARE DESIGNATED FOR
HEARING IN A CONSOLIDATED PROCEEDING, at a
time and place to be specified in a subsequent Order,
upon the following issues:
1. To determine whether there is a reasonable possibility
that the tower height and location proposed
by Peterson would constitute a hazard to air navigation.
2. To determine, with respect to Graham, whether
the continued employment of Timothy Graham as
General Sales Manager at WCHY(FM), Savannah,
Georgia, and the ownership of the proposed station
is consistent with Section 73.3555 of the Commission's
Rules and, if not, whether a grant of the
application would be in the public interest.
3. To determine which of the proposals would, on a
comparative basis, best serve the public interest.
4. To determine, in the light of the evidence adduced
pursuant to the foregoing issues, which of.the
applications should be granted, if any.
13. IT IS FURTHER ORDERED, That, in the event of
grant of HBL's application, Jerry Roth shall divest himself
of all interest in and sever all connections with Radio
Stations WSGA(AM) and WZAT(FM), Savannah, Georgia,
prior to the commencement of program test authority.
14. IT IS FURTHER ORDERED,That within 30 days
of the release of this Order, RHL shall submit Section VI
information in accordance with the requirement of Section
73.2080(c) of the Commission's Rules to the presiding
Administrative Law Judge.
15. IT IS FURTHER ORDERED, That within 30 days
of the release of this Order, Kaplan shall file an amendment
with the presiding Administrative Law Judge describing
its planned programming service relating to the
issues of public concern facing its proposed service area.
16. IT IS FURTHER ORDERED, That within 30 days
of the release of this Order, Investment shall submit the
financial certification required by Section III, Form 301,
or advise the presiding Administrative Law Judge that the
required certification cannot be made.
17. IT IS FURTHER ORDERED, That Savannah shall
submit an amendment of its responses to Section II, Items
5 and 7(e), to the presiding Administrative Law Judge
within 30 days of the release of this Order.
18. IT IS FURTHER ORDERED, That the Federal
Aviation Administration IS MADE A PARTY to this
proceeding with respect to the air hazard issue only.
19. IT IS FURTHER ORDERED, That the petitions for
leave to amend filed by Bellairs, Earnhart, Jessup, Hispanic,
Carolina, HBL, RHL and Branham ARE GRANTED,
and the corresponding amendments ARE
ACCEPTED to the extent indicated herein.
20. IT IS FURTHER ORDERED, That in addition to
the copy served on the Chief, Hearing Branch, a copy of
each amendment filed in this proceeding subsequent to
the date of adoption of this Order shall be served on the
Chief, Data Management Staff, Audio Services Division,
Mass Media Bureau, Room 350, 1919 M St., N.W., Washington,
21. IT IS FURTHER ORDERED, That, to avail themselves
of the opportunity to be heard, the applicants and
any party respondent herein shall, pursuant to Section
1.221(c) of the Commission's Rules. in person or by
attorney, within 20 days of the mailing of this Order, file
with the Commission, in triplicate, a written appearance
stating an intention to appear on the date fixed for
hearing and to present evidence on the issues specified in
22. IT IS FURTHER ORDERED, That the applicants
herein shall, pursuant to Section 311(a)(2) of the Communications
Act of 1934, as amended, and Section
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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/m1/91/: accessed April 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.