In Re Application of STRAUSS BROADCASTING COMPANY OF
ATLANTA, INC. (ASSIGNOR); GCC COMMUNICATIONS OF ATLANTA, INC. (ASSIGNEE)
For Assignment of Licenses for
Stations WGKA-AM and FM; Atlanta, Ga.
File No.
BAL-7298 BALH-1505
FEDERAL
COMMUNICATIONS COMMISSION
31
F.C.C.2d 550
RELEASE-NUMBER: FCC 71-887
August 26, 1971 Released
Adopted August 25, 1971
JUDGES:
BY THE COMMISSION: COMMISSIONERS
BARTLEY AND H. REX LEE ABSENT; COMMISSIONER JOHNSON
DISSENTING AND ISSUING A STATEMENT; COMMISSIONER WELLS CONCURRING IN PART
AND DISSENTING IN PART AND ISSUING A STATEMENT.
OPINION:
[*550] 1. The
Assignee is fully qualified. The application is governed by the
Commission's Three-Year Rule.
2. The Assignor has operated
the two subject stations since September, 1968. Since obtaining the
stations, Assignor has sustained large operating losses and is losing a
considerable amount of money on the sale.
3. The Assignors are unable to
sustain further losses and recognize the need for experienced management to
operate the stations. There is no trafficking in broadcast licenses.
4. A grant of these
applications will serve the public interest, convenience and necessity.
Therefore, IT IS ORDERED, That the Commission's Three-Year Rule is waived and
the application IS GRANTED.
FEDERAL
COMMUNICATIONS COMMISSION, BEN F. WAPLE, Secretary.
CONCURBY:
WELLS (IN PART)
CONCUR:
[*551] CONCURRING AND DISSENTING
STATEMENT OF COMMISSIONER ROBERT WELLS
I concur in the action of the
majority to grant the application of GCC to acquire Station WGKA-AM and FM,
Atlanta, and to disallow the payment of any "out-of-pocket" expenses to
the Broadcast Good Music Committee.
I disagree with the majority,
however, in including any reference to a possible Notice of Inquiry concerning
the question of payments to such groups in the letter to GCC Communications,
Inc. This, in my judgment, should be a matter for separate consideration
after further study and to make reference here is premature.
While I recognize that these
questions are troublesome, I believe that the proposed original letter granting
the application and denying the payments was the proper disposition of the
instant matter.
DISSENTBY: JOHNSON; WELLS (IN PART)
DISSENT:
DISSENTING OPINION OF COMMISSIONER
NICHOLAS JOHNSON
I disagree with the majority, and
would permit the reimbursement of the WGKA advisory committee of up to $2,000
per year, since I believe there are adequate safeguards against the possibility
of abuse.
However, I agree with the majority
that there are general problems raised by the relationship between community
groups and licensees, and the possibility of payments to community groups as
advisers to stations. I therefore welcome the expression of Commission
intention to explore these issues in rulemaking.