FCC Reports, Second Series, Volume 104, Number 2, Pages 375 to 719, August 1986 Page: 439
ix, 375-719 p. ; 23 cm.View a full description of this report.
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Caldwell Broadcasting Corp.
MEMORANDUM OPINION AND ORDER
Adopted: May 12, 1986; Released: May 15, 1986
BY THE COMMISSION:
1. This proceeding involves mutually exclusive applications for
a new FM station at Luling and Lockhart, Texas. In a Decision,
100 FCC 2d 115 (1985), the Review Board granted the application
of New Thinking, Inc. (NTI). Now before the Commission are:
Applications for Review filed February 14, 1985 by Caldwell
Broadcasting Corporation (Caldwell), Lockhart Radio Associates,
Lockhart Radio, Inc., General Partner (LRI) and Central Texas
FM Broadcasting, Inc. (Central)1; a Protective Application for
Review filed February 14, 1985 by NTI; Oppositions to the
Applications for Review filed March 1, 1985 by Caldwell2 and
NTIS; a Motion to Strike filed March 5, 1985 by NTI4; Contingent
Motions to Reopen the Record and Remand filed June 7, 1985 and
August 27, 1985 by NTI; and a Motion to Strike, or in the
Alternative Opposition to Contingent Motion, filed June 18, 1985
by Central.
2. We agree with the Board's determination in this case, but
several matters warrant discussion. The Board awarded NTI a
slight diversification preference because its principals have no
media interests and Caldwell has an interest in Texas Monthly, a
regional monthly magazine with a circulation of about 30,000
copies in the service area, and 103 copies in Luling. The
appropriate weight to be given media interests under the diversifi-
cation criterion varies according to the type of media, size of
ownership interest, and the impact of that media on the commu-
nity of license and the proposed service area. In the 1965 Policy
Statement on Comparative Broadcast Hearings, 1 FCC 2d 393,
394-95, the Commission said that ownership of small mediums of
expression, such as weekly newspapers with less frequent publica-
tion, would have less significance than other broadcast interests.
1 On April 12, 1985 Central filed a Supplement to Application for Review..
2 Caldwell filed individual oppositions to the Applications for Review filed by
LRI, Central and NTI.
3 On April 23, 1985 NTI filed an Opposition to the Supplement filed on April 12,
1985 by Central.
4 NTI moved to strike Caldwell's multiple oppositions arguing that they total
more than the 10 pages allowed by Section 1.115(f) of the Rules. On March 12,
1985 Caldwell filed an Opposition to the Motion to Strike. The Motion will be
denied. Section 1.115(f) of the Rules does not prohibit multiple oppositions to
multiple applications for review. KIST Corp., FCC 85-512, n.1, released
September 24, 1985.104 F.C.C. 2d
439
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United States. Federal Communications Commission. FCC Reports, Second Series, Volume 104, Number 2, Pages 375 to 719, August 1986, report, 1986-08~; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc306573/m1/77/: accessed July 17, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.