FCC Reports, Second Series, Volume 48, August 16, 1974 to October 18, 1974 Page: 807
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Lamar Life Broadcasting Co. et al. 807
FEDERAL COMMUNICATIONS COMMISSION
T~ASHINGTON, D.C. 20554
In Re Applications of
LAMrAR LIFE BROADCASTING CO., JACKSON, Docket No. 18845
Miss. File No. BPCT-4320,
CIvic COMMUNICATIONS CORP., JACKSON, MISS. Docket No. 18846
File No. BPCT-4305
DIXIE NATIONAL BROADCASTING CORP., JACK- Docket No. 18847
SON, MIss. File No. BPCT-4317
JACKSON TELEVISION, INC., JACKSON, MISS. Docket No. 18848
File No. BPCT-4318
CHANNEL 3,, INC., JACKSON, MISS. Docket No. 18849
File No. BPCT-4319
For a Construction Permit
MEMORANDUM M OPINION AND ORDER
(Adopted September 6, 1974; Released September 13, 1974)
BY THE REVIEW BOARD: BOARD MIEMB1ER KESSLER ABSENT. BOARD AMEM-IT-
BER EMiERSON CONCURRING IN PART AND DISSENTING IN PART WITH
1. By Memorandum Opinion and Order, FCC 74M-266, 29 RR 2d
1295, released March 20, 1974, Administrative Law Judge Lenore G.
Ehrig denied a petition to intervene in the above-captioned proceed-
ing, filed by the Office of Communication of the United Church of
Christ (UCC) and the Community Coalition for Better Broadcast-
ing (Coalition).: Now before the Review Board is an appeal from that
adverse ruling,' filed by UCC and Coalition, on March 26,1974.3
'Hereinafter sometimes collectively referred to as "petitioners" or "appellants", as
2 In addition, the Board has before it the following related pleadings: (a) Broadcast
Bureau's comments, filed April 3, 1974; (b) opposition, filed April 3, 1974, by Dixie
National Broadcasting Corporation (Dixie) ; (c) supplement to appeal, filed April 8, 1974,
by UCC and Coalition; and (d) comments on (c) filed April 16, 1974, by Dixie. Appellants'
supplement includes documentary material which was not available when their original
appeal was filed, and will therefore be accepted, along with Dixie's comments thereon. The
Board has also received five letters, three from Dixie and two from UCC and Coalition. These
letters are not probative of the matter in issue and, accordingly, will not be entertained.
3 Also before the Board is a brief amicus curiae (along with a petition for leave to file
samei, filed March 26, 1974, by the Lawyers' Committee for Civil Rights Under Law
(Lawyers'). This in turn has prompted these related pleadings: (a) Broadcast Bureau's
comments, filed April 5, 1974 ; (b) opposition, filed April 10, 1974, by Lamar Life Broadcast-
ing Company (Lamar) ; (c) opposition and reply, filed April 17, 1974, by Dixie; and (d)
reply to (c), filed April 29, 1974. by Lawyers'. The Board will grant Lawyers' petition and
will consider its brief insofar as it deals with the question of whether or not the Administra-
tive Law Judge erred in denying intervention to UCC and Coalition. We note, however, that
the Commission's Rules make no provision for the submission of briefs amici curiae, and
that acceptance of such briefs is a matter wholly within the agency's discretion and is
based solely upon a desire to receive assistance from the amicus. WJR, The Goodwill
Station, Inc., 9 RR 260u (1954) ; The Good Music Station, Inc., 15 RR 981 (1957).
48 F.C.C. 2d
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United States. Federal Communications Commission. FCC Reports, Second Series, Volume 48, August 16, 1974 to October 18, 1974, report, 1976; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc306602/m1/837/: accessed December 17, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.