In Re Applications by SOUTHERN
BROADCASTING CO. ASSIGNOR AND ROY H. PARK BROADCASTING OF BIRMINGHAM, INC.,
ASSIGNEE For Transfer of Control of Station WBMG-TV, Birmingham, Ala., and
Assignment
of License of Station WBMG-TV From Birmingham
Television
Corp. to Roy H. Park Broadcasting of Birmingham, Inc.
BTC-7128 and BALCT-518
FEDERAL COMMUNICATIONS COMMISSION
41 F.C.C.2d 787
RELEASE-NUMBER: FCC 73-649
JUNE 13, 1973
OPINION:
[*787] BIRMINGHAM TELEVISION
CORP., 2075 Golden Crest Drive, Birmingham, Ala. 35209 Roy H. PARK BROADCASTING
OF BIRMINGHAM, INC., c/o JOHN B. BABCOCK, Terrace Hill, Ithaca, N.Y. 14850
DEAR SIRS: This concerns the
application for transfer of control of Birmingham Television Corporation,
licensee of Station WBMG-TV, Birmingham, Alabama from Southern Broadcasting
Company (32.67%), William P. Dubois (26.4%), et al. to Roy H. Park Broadcasting
of Birmingham, Inc. (BTC-7128) and the pro forma application for the assignment
of the license and assets of Station WBMG-TV from Birmingham Television
Corporation to Roy H. Park Broadcasting of Birmingham, Inc. (BALCT-518).
Roy H. Park, through his ownership
of Park Broadcasting, Inc. (Delaware), owns all the stock of Roy H. Park
Broadcasting of Birmingham, Inc. Park Broadcasting, Inc. also owns all the
stock of Roy H. Park Broadcasting of Virginia, Inc., the licensee of Stations
WTVR-AM-FM-TV, Richmond, Virginia. On September 1, 1972 the Black
Broadcasting Coalition, of Richmond, filed a Petition to Deny the renewal of
these stations. This group also filed a "Petition to Prevent
Continued Violation of Commission's Equal Employment Opportunities Rules",
in which it raises a complaint against the operation of Stations WTVR-AM-FM-TV.
These petitions, which make several serious allegations, are currently under
Commission review. In light of these unresolved questions, the above
mentioned applications have this day been granted subject to whatever action
the Commission may deem appropriate following resolution of these matters.
Chairman Burch not participating; Commissioner Johnson dissenting and issuing a statement;
Commissioner H. Rex Lee absent; [*788] Commissioner Hooks
concurring in part and dissenting in part and issuing a statement.
BY
DIRECTION OF THE COMMISSION, BEN F, WAPLE, Secretary.
CONCURBY:
HOOKS (IN PART)
DISSENTBY:
HOOKS (IN PART); JOHNSON
DISSENT:
SEPARATE STATEMENT OF COMMISSIONER
BENJAMIN L. HOOKS CONCURRING IN PART; DISSENTING IN PART
While recognizing that the
Commission's approval of this assignment of WBMG-TV, Birmingham, Alabama from
Birmingham Television Corporation to Roy H. Park Broadcasting -- at a time when
Park's Richmond, Virginia stations (WTVR-AM-FM-TV) are attacked in an outstanding
Petition to Deny based on alleged Equal Opportunity Employment violations -- is
subject to the resolution of that proceeding, I dissent on a narrow but
important ground.
I understand that it is the
Commission's normal practice to defer action on or set for hearing applications
affecting licenses (e.g., new stations renewals, assignments and transfers)
when a current or prospective licensee is accused or suspected of activities
sufficiently serious to be deemed as reflective of the "character" of
the subject. n1 In order to be considered grave
enough to bear directly on character, the barometer used (although not
consistently) is the measure of terpitude involved in the offense. Hence,
while technical violations of our engineering or logging rules are not
generally deemed "character"-related, violations such as fraud,
lotteries, and anti-trust are customarily viewed as serious enough to freeze
Commission action on the matter instantly before it. n2
n1 See, United Television Co., Inc.,
et al., 40 F.C.C. 2d 472 (1973).
n2 Compare, ABC-ITT Merger, 4 F.C.C.
2d 709 (1966).
DISSENTING OPINION OF COMMISSIONER
NICHOLAS JOHNSON
Today the Commission approved the
voluntary transfer of WBMG-TV, Birmingham, Alabama, from the Birmingham
Television Corporation to Roy H. Park Broadcasting of Birmingham, Inc.
The transferors sought this action
in order to bring themselves into full compliance with the Commission's
one-to-a-market rule, Section 73.636 of the Commission's rules.
The recipient of WBMG-TV's license,
Roy H. Park, already has other substantial broadcast interests:
WMCT-AM-FM-TV, Greenville, North
Carolina
WSLS-TV, Roanoke, Virginia
WVTR-TV, Utica, New York
WTVR-AM-FM-TV, Richmond, Virginia
WJHL-TV, Johnson City, Tennessee
WDEF-AM-FM-TV, Chattanooga,
Tennessee
WNAY, Yankton, South Dakota
KRSI-AM-FM, St. Louis Park,
Minnesota
WEBC, Duluth, Minnesota
KWJJ, Portland, Oregon
The assignment, therefore, of
WBMG-TV to Roy H. Park Broadcasting brings Mr. Park's broadcast properties to a
total of eighteen -- twelve of which are in Virginia, North Carolina,
Tennessee, and Alabama, along with a newspaper in Georgia.
The Commission presently has in its
files a complaint relating to WDEF and WDEF-TV, Chattanooga, Tennessee.
The allegation is that these stations are engaged in unfair promotion of the
business interests of the complainant's competitor. The Complaints and
Compliance Division of the FCC is currently investigating this allegation.
In addition, the license renewals
for stations WNCT, Greenville, North Carolina and WTVR-AM-FM-TV, Richmond,
Virginia, have been deferred because of inquiries concerning their Equal
Employment Opportunity Programs. The Black Broadcasting Coalition of
Richmond has petitioned to deny the WTVR-AM-FM-TV renewals citing the stations
in a "Petition to Prevent Continued Violation of Commission's Equal
Employment Opportunity Rules." In this petition the coalition has alleged
that none of the station's 81 employees are black. In the Petition to
Deny, the Coalition has alleged: (1) failure to ascertain the community needs;
(2) failure to propose responsive programming; and, (3) a poor minority
employment record.
According to the 1970 Census,
Birmingham, Alabama had a total population of 300,910 of whom 126,388 were
blacks. Roy H. Park Broadcasting proposes to operate WBMG-TV with a staff
of 36 and a "satisfactory Equal Employment Opportunity Program."
The assignment of this license to
Roy H. Park Broadcasting gives Mr. Park his second UHF operation and his seventh
television station. [*789] He owns, as well, seven AM and
four FM stations. Mr. Park, with his wife, also owns the Warner Robbins,
Georgia Daily Sun newspaper.
Faced with this rather devastating
record, the Broadcasting Bureau blithely finds neither undue concentration of
mass media nor merit to the business and employment practices complaints.
The majority, with straight face, puts its "public interest"
imprimatur upon this transaction without thought of further inquiry or hearing.
I dissent.