In re Application of: SOUTHERN BROADCASTING CO. (WGHP-TV), HIGH POINT,
N.C. For a Modification of License
File
No. BMLCT-664
FEDERAL
COMMUNICATIONS COMMISSION
14
F.C.C.2d 770 (1968); 14 Rad. Reg. 2d (P & F) 303
RELEASE-NUMBER:
FCC 68-913
September
5, 1968 Adopted
BY THE COMMISSION: COMMISSIONER
JOHNSON DISSENTING AND ISSUING A STATEMENT.
[*770] 1. The Commission has before
it for consideration a petition to reconsider, filed January 26, 1968, by the
city of High Point, a municipal corporation of the State of North Carolina, the
High Point Merchants Association, Inc., and the High Point Chamber of Commerce,
requesting reconsideration of the action of the Chief, Broadcast Bureau,
granting the application (BMLCT-664) of Southern Broadcasting Co. (Southern),
licensee of television broadcast station WGHP-TV, channel 8, High Point, N.C.,
for authority to move its studios from downtown High Point to a site 6.6 miles
outside the city limits; and an opposition to the petition to reconsider, filed
March 5, 1968, by Southern.
2. Section 405 of the Communications Act
of 1934, as amended, requires that a petition for rehearing "must be filed
within 30 days from the date upon which public notice is given of the order,
decision, report or action complained of." In this case, the public notice
was published on December 1, 1967. Accordingly, the present petition,
which was filed January 26, 1968, was not seasonably filed, and must be
dismissed. However, in view of the importance of the questions raised to
the residents of High Point, we shall discuss the merits.
3. The cites of Greensboro, High Point,
and Winston-Salem form a triangle, the distance between their city limits being
no greater than approximately 18 miles. n1 The petitioners
allege that station WGHP receives a majority of its local advertising from, and
its programming and local news coverage are primarily concerned with, High
Point, and that station WFMY-TV, channel 2, and station WSJS-TV, channel 12, in
Greensboro and Winston-Salem, respectively, show a similar emphasis toward
their principal communities. The petitioners further allege that the
citizens of High Point will be adversely affected by the studio move; that the
move will cause an inequitable distribution of television service in the area;
that the move will result in station [*771] WGHP-TV losing its
identification with High Point and thereby deprive the city of a local
television outlet; that Southern has a suitable 1.75-acre site available in
High Point; that the proposed site is more easily accessible to Greensboro and
Winston-Salem than it is to High Point; and that Southern does not own or have
a recorded option to purchase the land it intends to use for the new studio
site, implying that the proposed site is not available to Southern.
n1 The approximate
distances between their respective city limits are: Greensboro to High Point, 8
miles; High Point to Winston-Salem, 12 Miles; Winston-Salem to Greensboro, 18
miles.
4. Southern alleges that its present
studio facilities are inadequate due to lack of space and parking facilities;
that the 1.75-acre site suggested by the petitioners is not suitable because it
offers only limited space; that the proposed site does provide adequate space
for a suitable studio; that residents of High Point have ready access to the
new site, which is only a 17-minute drive from the downtown area; that the new
site is available to Southern; and that the move will in no way alter station
WGHP-TV's local programming.
5. The question presented is whether a
sufficient showing has been made to warrant setting aside our action authorizing
the new studio site. It should be noted that this is not a move of the
station's transmitter and no change in the coverage contours will occur.
Although the petitioners conclude that the proposed studio site will cause an
inequitable distribution of television service in the area and will adversely
affect High Point residents, no facts are alleged to support these
conclusions. In regard to the petitioners' allegation that the new site
is not available to Southern, a copy of the contract has been submitted that
demonstrates that the land is, in fact, available. As to Southern's
choice of sites, our consideration must be whether the proposed site would
serve the public interest. It is not controverted that the present studio
facilities are inadequate, and that the new facilities will provide station
WGHP-TV with a modern facility with ample studio, storage, and parking
space. The new site is readily accessible to High Point residents, since
it is located 6.6 miles from the city limits on a two-lane highway. The
petitioners have not contested Southern's statement that the new studio is only
a 17-minute drive from downtown High Point. Accessibility does not
require, as petitioners appear to suggest, that the studio must be connected to
High Point by a four-lane expressway.
6. The basic concern of the petitioners
appears to be that station WGHP-TV will lose its identity with High
Point. Southern has stated in its application and in its pleadings that
the change of studio locations will not result in any loss of identity with its
principal community. For example, Southern states in its opposition:
From its new studios WGHP-TV will continue to
function as an outlet for local expression for its principal city of High
Point. It will continue to give the same emphasis in its programming
activities to High Point events, governmental activities, civic affairs, and
news. The proposed move -- which is designed to be for the benefit of the
residents of the High Point area -- is not intended to change WGHP-TV's
responsibilities to its principal community of High Point, Since its inception
WGHP-TV has endeavored to reflect the tastes and needs of the people of High
Point, and it will continue to do so.
The petitioners have alleged no facts which
would lead us to conclude that Southern will not live up to its representations
to the Commission.
[*772] Accordingly, It is ordered, That
the petition to reconsider filed by the city of High Point, the High Point
Chamber of Commerce and the High Point Merchants Association, Inc., Is
dismissed.
FEDERAL COMMUNICATIONS COMMISSION, BEN F.
WAPLE, Secretary.
Local Studios (In reapplication of Southern Broadcasting Co.
-- Modification of License)
DISSENTING OPINION OF
COMMISSIONER NICHOLAS JOHNSON
High Point, N.C., is a community of about
70,000 souls located as a corner of a triangle approximately 8 miles from
Greensboro and 12 miles from Winston-Salem.
High Point receives television service from
WFMY-TV, channel 2, Greensboro, and WSJS-TV, channel 12, Winston-Salem. But
its only locally oriented television station is WGHP-TV, channel 8.
Now WGHP, to suit its own convenience, wants to
leave town. It wants to move its only studio 6.6 miles outside the city
limits -- toward a point approximately equally distant from all three
cities. The Chief of the Broadcast Bureau has approved the studio move
under delegated authority. The Commission has been asked by local
citizens to reconsider that action.
The move is opposed by the city of High Point,
the High Point Chamber of Commerce, and the High Point Merchants Association,
Inc. The FCC, nevertheless, supports the broadcaster-applicant.
The fear of the people of High Point is that
channel 8, a High Point station now, will increasingly seek to become identified
with the entire urban area, to the detriment of local service to High
Point. The station assures us that its service to High Point will improve
and that the new studio will be easily accessible to High Point.
But there are several elements in this case
which lead me to dissent. First, the proposed studio site is not only
well outside High Point but is also roughly equidistant from Greensboro and
Winston-Salem. WGHP-TV could not have chosen a studio site better
designed to maximize appeal to these two cities and to minimize its orientation
to High Point. Second, this station in 1966 sought, successfully, to have
the Commission waive its rules and allow it to identify as a "High Point,
Greensboro, Winston-Salem, N.C.," station, ostensibly to improve its
competitive position. Third, there is little to indicate that this Commission
will enforce any devotion by WGHP-TV to local service beyond what it finds
financially rewarding. The Commission's record in requiring meaningful
local service is beyond reciting.
Finally, I believe we should accord stronger
weight to the expressed views of local citizens attempting to deal with local
problems. How often one hears the argument that a seemingly unmeritorious
request by a broadcaster should be approved by this Commission because no
[*773] one in the local community has voiced objection. Here the
Commission frustrates local groups that have voiced objection, without so much
as the courtesy of a hearing, in its haste to accede to the business wishes of
a licensee. Nor do I support the Commission's use of procedural barriers
in this case. The FCC is not so terribly burdened by participation of the
general public in its proceedings that it cannot afford to stop and listen to
the citizens of High Point who are concerned about their local television
station.
I would vote to reconsider our grant in this
case and set the application to move the studio for hearing in High Point.