[Federal Register Volume 61, Number 21 (Wednesday, January 31, 1996)]
[Notices]
[Pages 3423-3424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1853]



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FEDERAL COMMUNICATIONS COMMISSION
[GC Docket No. 95-172; FCC 95-468]


Rainbow Broadcasting Co.

AGENCY: Federal Communications Commission.

ACTION: Hearing Designation Order.

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SUMMARY: The Commission is designating a hearing to determine whether 
Rainbow Broadcasting Company is qualified to be a Commission licensee. 
The United States Court of Appeals for the District of Columbia 
directed the Commission to conduct such a hearing. The hearing will 
resolve all questions regarding Rainbow Broadcasting Company's 
qualifications.

FOR FURTHER INFORMATION CONTACT: Ava H. Berland, Office of General 
Counsel, at 202-418-1720.

SUPPLEMENATARY INFORMATION: 1. This is a summary of the Memorandum 
Opinion and Hearing Designation Order in GC Docket No. 95-172, adopted 
November 20, 1995 and released November 22, 1995. The full text of this 
document is available for inspection and copying, Monday through 
Friday, 9 a.m. to 4:30 p.m. in the FCC Dockets Reference Room (room 
239), 1919 M St., N.W., Washington, D.C. 20554, and may be purchased 
from the Commission's copy contractor, International Transcription 
Services, Inc. (ITS), 2100 M Street, N.W., Suite 140, Washington, D.C. 
20037.
    2. The court in Press Broadcasting Company, Inc. v. FCC, 59 F.3d 
1365 

[[Page 3424]]
(D.C. Cir. 1965) determined that substantial and material questions of 
fact exist regarding the basic qualifications of Rainbow Broadcasting 
Company, the permittee for Station WRBW (TV), Orlando, Florida, to be a 
Commission licensee and thus ordered the Commission to conduct further 
proceedings to resolve those questions. Specifically, the court held 
that the Commission must resolve whether Rainbow made 
misrepresentations regarding its ex parte contacts, its financial 
qualifications, and its failure to construct. The court also directed 
the Commission to address whether Rainbow Broadcasting Company had made 
the requisite showing that would have justified the Commission's grant 
of its final application for an extension of time to construct its 
facilities. Accordingly, in order to resolve all of these issues, the 
Commission is designating the matter for hearing. The Commission 
further is taking the opportunity to clarify its policies regarding 
grants of extension applications.
    3. It is further ordered, That Press is made party to the hearing 
ordered herein, and that, a separate trial staff shall be designated by 
the Office of General Counsel to represent the Commission, in light of 
the Mass Media Bureau's recusal from this proceeding.
    4. It is further ordered, That, the Administrative Law Judge shall 
render a determination on each designated issue.
    5. It is further ordered, That, to avail themselves of the 
opportunity to be heard, the parties respondent herein, pursuant to 
Section 1.221 of the Commission's Rules, in person or by attorney, 
shall file with the Commission, within twenty (20) days of the mailing 
of this Order, a written appearance in triplicate, stating an intention 
to appear on the date filed for the hearing and present evidence on the 
issues specified in this Order.
    6. It is further ordered, That Rainbow shall, pursuant to Section 
311(a)(2) of the Communications Act of 1934, as amended, and Section 
73.3594 of the Commission's Rules, give notice of the hearing within 
the time and in the manner prescribed in that rule, and shall advise 
the Commission of the publication of such notice as required by Section 
73.3594(g) of the Rules.
    7. It is further ordered, That the Secretary send by Certified 
Mail-Return Receipt Requested, one copy of this Order to each of the 
parties to this proceeding.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-1853 Filed 1-30-96; 8:45 am]
BILLING CODE 6712-01-P