FCC Record, Volume 6, No. 26 Pages 7346 to 7842, December 16 - December 27, 1991 Page: 7,387
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6 FCC Red No. 26
Federal Communications Commission Record
Federal Communications Commission
Washington, D.C. 20554
MM Docket No. 89-625
In re Applications of
ARNOLD L. CHASE
File No. BTCCT-851030KF
ARCH COMMUNICATIONS CORP.
For Consent to the Transfer of Control
of Channel 61 Licensee Corp.,
Licensee of Station WTIC-TV. Channel 61.
For Renewal of License of
Station WTIC-TV, Channel 6
File No. BRCT-881201KW
Robert A. Beizer, R. Clark Wadlow. Mark D. Schneider.
Paula G. Friedman, and Velma E. Evans on behalf of
Arnold L. Chase, Arch Communications Corp.. Channel
61 Licensee Corp. and Gary P. Schonman on behalf of the
Mass Media Bureau.
INITIAL DECISION OF ADMINISTRATIVE
LAW JUDGE EDWARD LUTON
Issued: December 9, 1991; Released: December 20, 1991
I. PRELIMINARY STATEMENT
1. This proceeding involves the application of Arnold L.
Chase, Arch Communications Corp. ("Arch") and Channel
61 Licensee Corp. (the "Licensee"), collectively referred
to as the "Applicants," for FCC consent to the
transfer of control of the Licensee, the licensee of Station
WTIC-TV, Channel 61, Hartford. Connecticut (the "Station"),
from Arnold L. Chase to Arch. See Arnold L.
Chase, 5 FCC Rcd. 1642 (1990) ("HDO").' The applicants
filed the pending transfer of control application on October
30. 1985. Id. In that application. the Applicants
sought a waiver of Section 73.3555 (b) of the FCC's rules,
47 C.F.R. Section 73.3555 (b), which prohibits the common
ownership or control of a television and radio station
licensed to the same market (the "one-to-a market
rule"). See Joint Ex. 17
6. The Applicants sought the
waiver because Chase Broadcasting. Inc. ("CBI"), then the
proposed transferee, ultimately was controlled by David T.
Chase, the father of Arnold Chase, and David Chase also
ultimately controlled The Ten Eighty Corporation ("Ten
Eighty"), the licensee of Stations WTIC (AM) and WTICFM,
Hartford, Connecticut.2 See HDO, 5 FCC Rcd. at
2. Several petitioners to deny, including Astroline Communications
Co. Limited Partnership ("Astroline"), opposed
the grant of the transfer of control application. See
Arnold 1. Chase, 61 R.R.2d 11, 113 (1986) ("Chase"). The
petitioners opposed the grant of a waiver of the oneto-a-market
rule, arguing that the Applicants had not
presented sufficient evidence to support the waiver under
Note 4 to Section 73.3555, which governed waivers of the
one-to-a-maarket rule at that time.
3. The Commission rejected the allegations made by
Astroline and the other petitioners. granting the transfer
of control application and waiving the one-to-a-market
rule. See Chase, 61 R.R.2d at 135. Astroline appealed the
grant of the transfer of control application and the waiver
request to the United States Court of Appeals for the
District of Columbia Circuit. Decision. 5 FCC Rcd. 1642.
While the case was pending before the court of appeals,
on October 2, 1987. Arnold Chase and CBI consummated
the transfer of control. Id. Approximately one year later,
the court of appeals reversed the Commission's decision
and remanded the case to the Commission for further
consideration. See Astroline Communications Co. v. FCC.
857 F.2d 1556 (D.C. Cir. 1988) ("Asiroline"). The court of
appeals held that the Commission had failed to follow
proper administrative procedures in establishing a stan(lard
for evaluating requests for waivers of the one-toa-market
rule and in considering certain other allegations
made by Astroline. Id. at 1573-74.
4. On remand, the Commission designated the case for
hearing on the following issues:4
(1) To determine whether David Chase, Cheryl
Freedman. Chase Broadcasting. Inc.. or its corporate
affiliates. individually or together. were real-partiesin-interest
to the application of Arch Communications
Corp. for a contruction permit for a new
commercial television station to operate on channel
61, Fartford, Connecticut:
(2) To determine whether David Chase, Cheryl
Freedman. Chase Broadcasting. Inc.. or its corporate
affiliates acquired control of the permit or the license
for channel 61, Hartford. Connecticut, before
the Commission consented to such a transfer of
(3) To determine whether Arch Communications
Corp., Chase Broadcasting. Inc.. or their corporate
affiliates or principals, abused the Commission's
processes in connection with the filing and prosecution
of the construction permit and transfer applications;
(4) To determine, in light of the evidence adduced
under the preceding issues, whether the applicants
possess the requisite qualifications to hold a Commission
(5) To determine whether the combination of radio
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United States. Federal Communications Commission. FCC Record, Volume 6, No. 26 Pages 7346 to 7842, December 16 - December 27, 1991, book, December 1991; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc1691/m1/57/: accessed October 22, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.