46 Federal Oomrrvunications Oommission Reports
BEFORE THE
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C.
In re the Joint Petition of the )
RADIO COM>nssION OF THE SOUTHEIh'< BAPTIST
CONVENTION A:ND THE EXECUTIVE BOARD OF THE DOCKET No. 9470
BAPTIST GENERAL CONv:ENTIOK OF TExAs
July 25, 1951
l\:fEl\fORANDUM OPINION AND ORDER
By THE COJ.\.:J:l\.fISSIONER (COl\fMISSIONER HENNOCK NOT PARTIOIPATING;
CO:MTh'IISSIONERS "VALliER AND JONES DISSENTING) :
The instant proceeding was initiated by a petition filed January
23, 1949, by the Radio Commissiou of the Southern Baptist Con 
vention and the Execntive Board of the Baptist General Convention
of Texas which requested that the Commission amend its rules to
extend to religious organ:izatiollS the privi.leges and exemptions now
accorded to non-comn1crcial educational FThi broadcast stations. That
petition was designated for oral argul11.ent'to determine whether the
Commission lnay, consistently with the provisions of the First,
Amendment of the Constitution of the United States, establish a
specific category of religious broadcast stations. Thereafter, on
December 30, 1949, the petitioners filed with the Commission a
supplemental petition which expanded the classification of the po 
tential beneficiaries 0:1: the proposed amendment to include all "tax
exempt non-profit organizations." Accordingly, the question for
determination at this time is whether the public interest would be
served by the establishment of a new class of FM service for "tax
exempt non-profit organizations."
On June 27, 1950, the Commission directed that oral argument
be had on the following issnes raised by the snpplemental petition:
1. To determine whether a substantial demand has been shown among tax 
exempt nonprofit organizations, including but not limited to petitioners, for
the sub-allocation preference sought in the supplemental petition.
2. To determine whether the necessary qualifications have been shown to
justify the grant of the SUb-allocation preference sought in the said supple 
mental petition.
3. To determine Whether, in the light of the showing made in thesupple~
mental petition, the public interest, convenience and necessity would be served
by the issuance of proposed Rules as requested in the supplemental petition.
In addition to the joint petitioners herein, there participated in
that oral argun1ent, which was had before the Commission en bMW
on October 31, 1950, representatives of the University Baptist
Church of Baltimore, Maryland, et aI, the First Congregational
Church of Hackensack, New Jersey and the Protestant Radio Com-
16 F.C.C.
16 F.e.e.
Radio OOTiwnission of the Soruthe1'T)' Baptist Con-vention 47
:n~ssion.. -:\-11 theseorga~liza.~ionsfiled memoranda in support of the
JOlnt petItlOn. The CIVIl Liberties lJnion also filed a Inemorandurn
'supporting the petition, with certain qualifications.
. The record before us makes clear that the joint petitioners are
desIrous of obtammg authorization for the operation of FYI facili 
ties on a less eostl}' basis than is presently provided for in our FM
Rules and RegulatIOns. ,Ve recognize that a liberalization of the
present rules for the operation of F::\'I broadcast stations so as to
permit, in appropriate instances, operation with reduced power and
hours of operation might have the salutary effect of encouraO'ing
the developnlent of Fn.i radio. It is our view, however, thatthe
pleadings before us do not constitute a reasonable basis for the
revision of our rules and the establishment of a ne"v class of10w~
povirered FTh£ broadcast stations to be operated by "tax exenlpt non 
profit organizations."
The threshhold requirement for the estahlishment of such a service
by the numerous and diverse groups comprehended by the terlU
""tax exempt non-profit organizations" is a showing of substantial
demand by these organizations for the special privileges sought; and
it is our view that such a showing has not been lnade in this proceed 
ing. It developed in the course of this proceeding that, with one
exception 1 no organization of a type oUler than the original joint
petitioners evinced interest to the C01llmission in the proposal. In
spite of the protracted period which elapsed after the Commission
~pecificallyplaced in issue the question whether substantial demand
exists among this in1IDEmselyhetero~enousgroup of "tax exempt
non-profit organizations," none of the organizations appearing in
support of the petition, including the joint petitioners themselves,
adduced any affirmative data to support the conclusion that a sub 
stantial demand has been shown by the broad class of these
organizations here in issue. Indeed, the joint petitioners and inter 
'yenors herein, in response to the Commission's reitertLted queries at
the oral argument, disclaimed all knowledge as to whether any tax
€xempt non-profit groups of a type other than their own, desires the
privileges requested. In view of the lack of interest, thus far dis 
played for the proposal under consideration by groups iu the broad
'classification of "tax exemptnon~profitorganizations", we must
conclude that the pleadings and arguments now before us arc not
persuasive of a substantial demand for the establishment of a new
dass of low powered F:NI broadcast stations to be operated by "tax
,exempt non-profit organizations."
Accordingly, the joint petition Is denied.
COMMISSIONERS \VALKER AND JONES DISSENTING STATRL"\1ENT
,Ve concur in the decision of the Commission that there has been
no substantial demand by tax exempt non-profit organizations other
than petitioner in this proceeding to warrant the establishment of a
new class of low powered FM broadcast stations to be operated hy
them. However, we believe that the petition should be granted in
1 Reference is here made to the Civil Liberties Union which filed a memorandum but
illd not appear at the oral argument.
\73'7-518-----:05--3
48 Federal Oon/'TJ1llnicaNons OOJnrrrviBsio11 Reports
part and to this extent: Churches (Catholic, Protestant and Jewish),
in my opinion, present a substantial demand for the establishment of
such a new class of 10l..v powered F:M broadcast stations.
Long before radio and television broadeasting ,vas invented, de 
velopecl and commercialized, churches exercised a real influence in the,.
cultural affairs of communities throughout the United States. The
clergy (Catholic, Protestant and Jewish) hRd a real voice as com 
munity leaders in the selection of material which the community
enjoyed, in education, entertainment and culture, in addition to
answering the real personal, spiritual needs of the individuals of
the community. The primary influence that the clergy have alwa,ys.
exercised in community affairs ansvvers a personal and public need
of our people. Radio and television broadcasting has been super 
imposed upon the community life. There is no reason why this con 
tinuing personal and public need should not be utilized primarily
by the clergy in Tadio as suggeste,d by petitioners.
16 F.e.C.