Robert L. Heald, Washington, D. Hummers, Jr. Esbensen, Washington, D. Frank U. Fletcher, Washington, D. Sheldon M. Guttmann, Counsel, F. Hardy, Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, F. Faulkner Radio, Inc. We find that ground dispositive of the appeal, and remand the case to the Commission for reconsideration. Johnson and William P. Johnson, filed an application for a permit to construct and operate a standard broadcast station in Carrollton, Georgia.
Faulkner Radio, the licensee of Station WLBB, an existing standard broadcast facility in Carrollton, petitioned for denial of Radio Carrollton's application, questioning the applicant's financial and character qualifications as well as its ascertainment of community needs. Thorburn, vice-president of Faulkner Radio, had admitted to him during a telephone conversation that the petition to deny had been filed for the purpose of delaying proceedings on the application.
Thorburn, in turn, submitted a counter-affidavit disputing the substance of the statements attributed to him. Over the next three years, there were numerous amendments to the application and supplements to the petition to deny. These generated additional character issues, and questions concerning the availability of an antenna site for Radio Carrollton and its compliance with the Commission's rules. Although Radio Carrollton's application for a construction permit and Radio Faulkner's later application for renewal of its license were not mutually exclusive from an engineering standpoint, and thus could both have been granted, 2 the Commission felt that the factual disputes "inextricably connect ed the applications" and consolidated them for a hearing "to permit an orderly resolution of the questions presented.
W hether Radio Carrollton has complied with the provisions of section 1. W hether Radio Carrollton misrepresented itself to the Commission pertaining to the availability of the land owned by O. Whitman as an antenna site, and if so, what effect such conduct has on the basic qualifications of Radio Carrollton to be a Commission licensee. W hether Faulkner Radio, Inc.
(mh=k3zNEQTJzXs6fNuA)1.jpg "Call girl in Carrollton")
Thornburn sic and Hollis B. Johnson, and if so, what effect such conduct has on the basic qualifications of either applicant to be a Commission licensee.
