The Greenville News from Greenville, South Carolina • Page 130

The FCC steps in A rival charges TV-21 with false promises By Tom Harrison TV Spotlight Editor Two newcomers to the Greenville-Spartanburg-Asheville television market squared off recently in the first skirmish of what may be a long, long conflict. The first salvo was fired last month when Mark III Broadcasting Co. parent company of WAXA-TV in Anderson, took its gripe to the Federal Communications Commission. WAXA-TV (Channel 40), formerly AIM-TV, reportedly will go on the air this month. It is one of several new independents vying for a share of the Upstate TV audience.

In a petition filed with the chief of the FCC's Mass Media Bureau, Mark III alleges that Harry J. Pappas and Pappas Telecasting of the Carolinas owners of WHNS-TV, Channel 21 made false promises in its license r. Mark III contends that Pappas' application "states that his main studio will be located at Suite 1101 Northwest Bank Building, Asheville, N.C. However WHNS maintains only temporary offices in plete his review in two or three weeks. A decision could take longer if the issues go before the full FCC board, he said.

Pappas bought the station then known as WANC-TV from Thorns Communication Co. in 1979 and changed the call letters to WHNS. Anthony Kupris, president of Mark III, said recently that Pappas has had plenty of time to establish offices in Asheville. "For all the time, money and energy he spent, he could've had a facility up there a long time ago," Kupris said. "He got no waivers, no hearing he just went ahead and (built the Greenville studio)." Pappas, speaking long distance from his office at KMPH-TV in Fresno, said Ku-pris'allegations are "specious and unfounded.

"It's typical competitor talk," Pappas added. "He should concern himself with what he can do in a free-market environment to build and operate his station. "We promised the commission that when we got approval, we would rapidly build a station. We undertook a very complex project (and) built the highest tower ever built on a mountaintop (1 ,600 eet) he said. "We also bought land in Asheville for our studios there.

That property was part of and near to a redevelopment project for downtown Asheville." Pappas said that four real estate transactions have delayed construction of the Asheville studio, which will be completed this fall. "Though we've had the plans drawn for months, we wanted to be sure we had all the land appropriate to build on the best available site for the building now, as well as future development," he said. "In the interim, we set up offices in the Northwest Bank Building." Pappas said the Mark III petition characterizes TV-21 as "bad guys, out to do all kinds of wrong to the public interest, when in fact everything we're doing is consistent with the commission's rules and policies. "I've been at this business for 20 years, and we'd be rather foolish to make an investment of nearly $18 million and do it in violation of commission policies." Pappas said the FCC gave TV-21 18 months from the date of approval to build a studio. "We promised the commission we'd begin service as soon as possible," he said.

Pappas said he doesn't think the Mark III petition will require a hearing. Kupris has indicated a willingness to take the issue as far as possible. The FCC could decide who's right sometime this month. Pappas Asheville and employs only two people in said office. The FCC requires a station to locate its principal offices in the city of license.

Independent WHNS-TV, which went on the air April 1, is licensed to Asheville but has its headquarters at Interstate 85 and Pelham Road in Greenville. "It is quite clear that Pappas has lied in his license application," the petition states. Mark III alleges that Pappas' "intention all along has been to establish a facility in Greenville, where he has now located his studios." The complaint asks that the FCC revoke TV-21 's program test authority, rescind the station's construction permit and return its license application to hearing status. Attorneys for Pappas and TV-21 were expected to file a response last week. Clay Pendarvis, chief of the FCC's Radio Television Division, said he will assign the case to an attorney, who probably will com- TV Spotlight Page 26.