[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] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION [GC Docket No. 95-172; FCC 95-468] Rainbow Broadcasting Co. AGENCY: Federal Communications Commission. ACTION: Hearing Designation Order. ----------------------------------------------------------------------- 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