In the Matter of AMENDMENT OF SECTION 73

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In the Matter of AMENDMENT OF SECTION 73.606(b) OF THE COMMISSION'S RULES, TELEVISION TABLE

OF ASSIGNMENTS (EUGENE AND SALEM, OREG)

RM-1152

FEDERAL COMMUNICATIONS COMMISSION

16 F.C.C.2d 840 (1969)

RELEASE-NUMBER: FCC 69-206

March 5, 1969 Adopted

ACTION:

MEMORANDUM OPINION AND ORDER

BY THE COMMISSION: COMMISSIONER BARTLEY ABSENT; COMMISSIONER ROBERT E. LEE DISSENTING AND ISSUING A STATEMENT IN WHICH COMMISSIONER JOHNSON JOINS.

[*840] 1. On May 17, 1967, Cascade Broadcasting Co. (Cascade), filed a petition (RM-1152) requesting the reallocation of channel 3 from Salem to Eugene, Oreg. (replacing it at Salem with UHF channel 41). The petition was filed very shortly after a permit-holder on channel 3 at Salem surrendered its authorization.

2. Cascade, the licensee of television and radio stations in Idaho and Washington, stated that, if the reassignment of channel 3 to Eugene were made, it would join with KUGN, Inc., a Eugene radio licensee, to apply for the channel. The petition was supported by Mrs. Shirley Pape stating her intention to form a group to apply for the channel if reassigned to Eugene. The licensees of the two Eugene TV stations, Liberty Television, Inc. (KEZI-TV, channel 9) and Eugene Television, Inc. (KVAL-TV, channel 13, associated ownership-wise with stations at Coos Bay and Roseburg operating as satellites of KVAL-TV) opposed the petition. An opposition was also filed by a group expressing its intention to apply for the channel at Salem; this group -- later incorporated as Channel 3, Inc. -- filed such an application (BPCT-4050), which is pending. Others filed informal comments. A letter from the president of Eugene City Council (although not written in his official capacity) supports the reassignment of the channel, asserting that Eugene has a greater need for additional service than Salem with the four Portland stations available. The need for additional service for public purposes, including political time, is urged. A letter from the Lane County commissioners, requesting a hearing concerning the reassignment and expressing the view that an additional channel in the county would be a public benefit, was also filed. A letter from the Salem Chamber of Commerce opposed the change, in the interest of providing Salem with a TV station of its own.

3. Cascade, in December 1968, informed the Commission that it no longer is interested in reassignment of channel 3, primarily because of its proposed merger with Filmways, Inc. (BTC-5776) and the [*841] intent of the merger entity to expand its broadcast interest in other major markets. Mrs. Pape has also advised the Commission that neither she nor those whose support she expected to rely on to apply for the channel, if reallocated, are now interested in doing so.

4. Because of the apparent absence of any potential applicant for channel 3 if reassigned to Eugene, and the additional fact that an application for a construction permit at Salem is pending (BPCT-4050), it would appear that no purpose would be served by considering the proposal in a rulemaking proceeding. The allocation question involved would be a close one even where the demand situation equal, in view of the availability of UHF to supply a third service to the Eugene area and the desirability of giving Salem its maximum chance for a local television outlet, always an important objective in broadcast allocation matters. Therefore, since there is a pending application for use of the channel at Salem, we believe that no further consideration is warranted.

5. Accordingly, the petition filed by Cascade Broadcasting Co. on May 17, 1967 (RM-1152), requesting the reassignment of channel 3 from Salem to Eugene, Oreg., Is dismissed.

FEDERAL COMMUNICATIONS COMMISSION, BEN F. WAPLE, Secretary.

DISSENTING STATEMENT OF COMMISSIONER ROBERT E. LEE IN WHICH COMMISSIONER NICHOLAS JOHNSON JOINS

I dissent to the actions taken by the majority wherein it denies proposed rulemaking to move channel 3 from Salem to Eugene, Oreg., and to the grant of the application of Channel 3, Inc. for a construction permit to build a station in Salem in derogation of our mileage separation rule.

I have searched vainly in the majority's order for a reason for permitting this violation of our rules, and find no attempt at justification other than the recitation that in 1963 the FCC once condoned it.

As to the proposed move of the channel to Eugene, I believe proposed rulemaking should be issued. Experience has shown that a UHF station in a two VHF market the size of Eugene is not a prime prospect for network affiliation, particularly where, as here, a CATV is in operation, whereas an independent station operating in Salem with three networks pouring in from Portland could fare little better or worse whether it were UHF or VHF. But a bobtailed VHF station in Salem limited by interference from an adjacent channel station, is distinctly inferior and should not be permitted.