FCC Reports, Second Series, Volume 34, April 7, 1972 to June 2, 1972 Page: 123
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Hurt, Charles TV., et al.
FEDERAL COMMUNICATIONS, COMMISSION
WASHINGTON, D.C. 20554
In Re Applications of Docket No. 18585
CHARLES W. HURT, CHARLOTESVILLE, VA. File No, BP-17596
WELK, INCORPORATED (WELK), CHAR- Docket No. 18586
LOTTESVILLE, VA. File No. BP-17872
WUVA, CHARLOTTESVILLE, VA. Docket No. 18587
For Construction Permits File No. BP-17873
MEMORANDUM OPINION AND ORDER
(Adopted March 22, 1972; Released March 24, 1972)
BY THE REVIEW BOARD: BOARD MEMBER BERKEMIEYER DISSENTING.
1. This proceeding involves the mutually exclusive applications of
WELK, Incorporated (WELK), Charles W. Hurt (Hurt), and
WUVA for an authorization to construct a new full time standard
broadcast station in Charlottesville, Virginia. WELK, Incorporated, is
the licensee of Station WELK, a Class II station, in Charlottesville,
Virginia, that currently operates daytime only on 1010 kHz, with a
power of 1000 watts. The Commission designated the proceeding for
hearing by Order, released July 1, 1969, FCC 69-699, 34 FR 1132 pub-
lished July 8, 1969, 18 FCC 2d 1061, to resolve Suburban, financial and
engineering issues. The evidentiary hearing commenced on December 2,
1969, and the record was closed on July 7, 1971. The Hearing Examiner
released his Initial Decision on September 30, 1971, proposing to deny
all three applications on engineering grounds because the applicants
failed to serve the main business area of Charlottesville at night.'
Presently before the Review Board is a joint request for approval of
agreement to dismiss and a petition for leave to amend,2 filed Decem-
ber 21, 1971, by WELK, Hurt and WUVA, and a petition for leave to
amend,3 filed December 21, 1971, by WELK.
2. In their joint requests, petitioners seek: (1) approval of their
agreement which contemplates reimbursement to Hurt and WUVA
in the amount of $10,000 each; (2) dismissal of the Hurt and WUVA
I The specific issue under which the Examiner denied the applications sought:
5. To determine:
(a) The location of the main business district of Charlottesville.
(b) Whether, in the light of the evidence adduced pursuant to the foregoing sub-
issue, the applicants provide 25 mv/m coverage to that district in accordance with
Section 73.188(b) (1) of the Rules.
(c) Whether, assuming (b), above, is answered in the negative, circumstances
exist which would warrant a waiver of said section.
2 Also before the Board for consideration are the following related pleadings: Broadcast
Bureau's opposition, filed January 10, 1972; and reply, filed January 14, 1972, by the
3 Also before the Board for consideration are the following related pleadings: opposition,
filed January 10, 1972, by the Broadcast Bureau; supplement, filed January 24, 1972, by
WELK; Broadcast Bureau's opposition to supplement, filed January 28, 1972; further
supplement, filed February 7, 1972, by WELK; Broadcast Bureau's comments re further
supplement, filed February ,14, 1972.
34 F.C.C. 2d
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United States. Federal Communications Commission. FCC Reports, Second Series, Volume 34, April 7, 1972 to June 2, 1972, report, 1974; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc306616/m1/147/: accessed November 18, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.