of the Commission's Statement of Facts, Grounds for Decision and Order issued August 6, 1940, in the matter of the application of Sentinel Broadcasting Corporation, and is as follows:

At night the operation of the proposed station would not cause objectionable interference to the operation of any existing station. It would, however, be limited to its 6.8 millivolt-per-meter contour by station WTMJ, Milwaukee, Wis., operating with power of 5 kilowatts at night as authorized on this day by the Commission. This finding is not based upon the record since the presently proposed operation of WTMJ was not an issue in the hearing, but is based upon technical information available to the Commission.

The "technical information available to the Commission" is taken from the application of The Journal Co. (WTMJ), Milwaukee, Wis., as amended subsequent to the hearing on the Sentinel Broadcasting Corporation application. The amendment requested the use of a directional antenna at night, which resulted in a change in the service area of Station WTMJ and also changed the interference which WTMJ would cause to other stations on the frequency, including the proposed Sentinel station.

Examining the Sentinel application in the light of the amended Journal application, the Commission was able to determine that a grant of both the Sentinel application and The Journal Co. application would serve the public interest, convenience and necessity. It would serve no useful purpose, therefore, to consider the Sentinel application upon the basis of the record made at the hearing in so far as it related to The Journal Co. station (WTMJ). Furthermore, as hereinabove pointed out, all of the petitioners herein operate on frequencies widely separated from that assigned to the Sentinel Broadcasting Corporation and The Milwaukee Journal so that interference to or from either such station will not in any way affect them.

Section 309 (a) of the Communications Act of 1934 provides that if upon examination of any application the Commission shall determine that public interest, convenience or necessity would be served by the granting thereof, it shall authorize the issuance thereof in accordance with said determination. In the event the Commission, upon examination of any such application, does not reach such decision with respect thereto, it is directed to notify the applicant and afford such applicant an opportunity to be heard. Since, under the Act no right to notice and hearing is conferred upon any person other than an applicant, it is clear that no duty rests upon the Commission to submit to petitioner for cross-examination facts taken from an application which is not petitioner's. (In re decision and order on petition for rehearing, WOOL, Inc., 8 F. C. C. 39, March 29, 1940.)

We have carefully examined all of the allegations in the supplemental petition for reconsideration and rehearing filed by Civic Broadcasting Station (WOLF), the petition for rehearing filed by Central Broadcasting Corporation (WYSR) and the petition for rehearing filed by the Onondaga Radio Broadcasting Corporation (WFBL) in the light of our Statement of Facts, Grounds for Decision and Order of August 6, 1940, effective that date, and we find they set forth no new facts or additional facts or circumstances not already known to and considered by us, nor do the petitions show wherein our action of July 16, 1940, effective August 6, 1940, and our Statement of Facts, Grounds for Decision and Order issued August 6, 1940, pursuant to said action granting the application of the Sentinel Broadcasting Corporation, Salina, N. Y., for construction permit is illegal or presents any valid objections which would require us to set aside said action.

Accordingly, it is ordered, this 8th day of October 1940, that the supplemental petition for reconsideration or rehearing filed by Civic Broadcasting Corporation (WOLF), the petition for rehearing filed by Central New York Broadcasting Corporation (WSYR) and the petition for rehearing filed by the Onondaga Radio Broadcasting Corporation (WFBL), be, and they are hereby, denied.

8 F. C. C.

1. On April 16, 1940, the Commission granted without hearing the application of the New Jersey Broadcasting Corporation (WHOM) for construction permit to make changes in its transmitter and antenna and to increase its power from 250 to 500 watts (night), 1 kilowatt (local sunset) unlimited time.

2. Station WHOM operates on the frequency 1450 kilocycles, which is shared in the eastern portion of the United States by Stations WSAR at Fall River, Massachusetts, operating with a power of 1 kilowatt, unlimited time and using a directional antenna; WGAR at Cleveland, Ohio, operating with 1 kilowatt, 5 kilowatts (local sunset), unlimited time and employing a directional antenna at night; and WAGA at Atlanta, Georgia, which operates with 500 watts, 1 kilowatt (local sunset) unlimited time.

3. The application of Station WHOM, as filed on September 27, 1939, requested increase in its daytime power from 250 watts to 1 kilowatt without change in the night operating power. This application was accompanied by an affidavit of an engineer which contained measurements of the field intensities of Stations WHOM and WSAR, which measurements indicated there would be no objectionable interference during the daytime within the present 0.5 millivolt-per-meter primary service area of Station WSAR, should Station WHOM operate as proposed. On December 4, 1939, the application was amended to request increase in power to 500 watts night and the amendment was accompanied by an affidavit setting forth the reasons for the requested increase in nighttime operating power and indicating there would be no objectionable interference at night to the stations on 1450 kilocycles should Station WHOM operate as proposed.

4. The affidavits accompanying the application of New Jersey Broadcasting Co. (WHOM) set forth the fact that Station WHOM employs a vertical antenna 390 feet high which has a physical height of approximately 0.57 wave length and which, by reason of its height, has certain directional properties in the vertical plane; that because of these directional properties, the interference which will be caused to Station WSAR will not exceed the approximate 3.0 millivolt-permeter contour during nighttime hours, whereas Station WSAR is now limited by Station WGAR, as presently operated with a directional antenna, to the approximate 3.42 millivolt-per-meter contour. In arriving at the conclusion that Station WSAR would be limited to the approximate 3.0 millivolt-per-meter contour, applicant assumed that the distribution of current along the vertical antenna in use by Station WHOM was considerably different from that characteristic of a straight vertical wire of equivalent height, and that the antenna will act as though it were a 0.5 wave-length antenna and will radiate 62 millivolt per meter at an angle of 40° above the horizontal; that based upon the second hour curve of the Commission's allocation survey which was assumed to be correct for distances less than 250 miles for a 0.311 wave-length antenna, such a signal would produce a limitation to the service of WSAR in the vicinity of Fall River to the approximate 3.00 millivolt-per-meter contour.1

5. The Commission after examination of the application, the documents associated therewith, and a study of the antenna in use by Station WHOM was of the opinion that no objectionable increase in the interference now limiting the service of Station WSAR at night would result from the granting of the application of Station WHOM because the interference predicted by the applicant considerably exceeds the amount which would be calculated on the basis of purely theoretical considerations using a current distribution along the antenna of a single vertical wire without regard to the corrections applicant assumed.

6. The measurements of the ground-wave field intensities along the southern coast of Connecticut and Rhode Island accompanying WHOM's application supported the contention that there would be no objectionable interference during daytime operation within the 0.5 millivolt-per-meter contour.

7. On May 3, 1940, Doughty and Welch Electric Co., Inc., licensee of Radio Station WSAR, Fall River, Mass., filed a petition requesting the Commission to reconsider the grant to WHOM, designate the application for hearing, or specify the use of a directional antenna

1 See sec. 1. Standards of Good Engineering Practice and Annex II.

to protect Station WSAR in its present service area, or direct such other procedure to protect Station WSAR in its present service area as may be deemed appropriate. The petition alleges that Station WSAR serves a local community at Fall River with a population of 115,000, as well as a surrounding metropolitan district with a population of 963,000, that Station WSAR will receive interference at night from Station WHOM which will reduce its nighttime service area and the population served, and that the RSS limitation to the service of Station WSAR will be increased to well within the 4 millivolt-per-meter contour which is the normal nighttime limitation of a class III-B regional station. The petition further alleges that Station WHOM operates with an antenna having a physical height of 0.57 wave length, and that this antenna has been in use for some time in the past; that the antenna is a self-supporting tower and the distribution of current in such an antenna cannot be sinusoidal; that the vertical plane characteristics of an antenna such as that employed by WHOM are such that the same degree of suppression of sky wave toward Fall River cannot be expected as might be with a uniform cross-section tower having more nearly sinusoidal current distribution, and that WHOM has made no proof based upon actual field measurements or otherwise that there is a substantial reduction of sky-wave radiation resulting from the use of this antenna. It is alleged that the operation of Station WHOM with 1 kilowatt power during the daytime may cause interference within the 0.5 millivoltper-meter contour of Station WSAR due to the fact that a large portion of the intervening path is across salt water. The petition further alleges that Station WSAR operates with 1 kilowatt power and is, therefore, eligible under the Commission's Rules for class III-A status, which permits increase in power to 5 kilowatts day and night; that on April 29, 1940, petitioner requested III-A status (B-ML-986) but that without protection from WHOM, if it be permitted to use 500 watts, Station WSAR can be only a class III-B regional station; that since Station WSAR operates with a directional antenna to protect WHOM, an equitable arrangement would require that Station WHOM operate with a directional antenna to protect WSAR from any increase in nighttime interference; that the normal nighttime limitation for a class III-A station is to the 2.5 millivolt-per-meter contour.

8. On May 5, 1940, an affidavit of an engineer was filed in support of the allegations made in the petition of Doughty and Welch Electric Co., Inc. The affidavit states that it is the opinion of the engineer that Station WSAR is limited to the approximate 3.42 millivolt-per-meter contour by Station WGAR at Cleveland, Ohio; that the station is now limited by Station WHOM to the approximate 2.96