J. Richard Carr, Harry J. Ockershausen and William C. Koplovitz (Dempsey & Koplovitz) on behalf of Almardon Incorporated of Florida; and Leo I. George and Philip V. Permut on behalf of the Chief, Broadcast Bureau, Federal Communications Commission.

INITIAL DECISION OF HEARING EXAMINER CHARLES J. FREDERICK (Issued February 10, 1969; Effective April 3, 1969, pursuant to Section 1.276)

1. Hearing in the above matter was held on February 5, 1969, and the record was closed on that date. Proposed findings of fact and conclusions of law were waived, as were corrections of the record.

2. In its memorandum opinion and order of designation, released February 26, 1968, the Commission had found the above applicant technically, financially, and legally qualified to be a licensee of the facility requested except for the possibility of its antenna being a hazard to air navigation. The air issue has been resolved favorably to the applicant (Almardon exhibit No. 2, "Notice of Determination of No Hazard" issued by FAA in Miami, Fla., Jan. 26, 1968).

3. Upon oral motion at the hearing by counsel for the applicant that the application be summarily granted, counsel for the Broadcast Bureau concurred, and there appearing to be no obstacle to an immediate grant and that said grant would be in the public interest, convenience and necessity,

It is ordered, That unless an appeal from this initial decision is taken by a party or the Commission reviews the initial decision on its own motion in accordance with the provisions of section 1.276 of the rules, the application of Almardon Incorporated of Florida to construct a new FM broadcast station on the frequency of 102.7 mc. No. 274; 100 kw. at Pompano Beach, Fla., Is granted.

17 F.C.C. 2d