RKO General Inc. yesterday asked a federal appeals court panel to rehear its recent affirmation of a Federal Communications Commission decision that found it unfit to operate a lucrative television station in Boston.
The FCC stripped the company of television stations in Boston, New York and Los Angeles based on charges that General Tire & Rubber Co., RKO's parent company, had acted improperly in connection with government and internal investigations of improper domestic and overseas payments.
Although the court ruled three weeks ago that the FCC decision to strip RKO of the Boston station "is not open to doubt," the same panel was petitioned to reconsider the Boston license decision. RKO said the FCC, in making its decision, never notified the company that its "alleged lack of candor" was as issue.
The appeals court upheld the Boston decision, but said the FCC needed to reconsider parts of the commission decision dealing with the other two properties.
According to the petition, RKO did not know the company's candor was an issue in the FCC proceeding until the government agency issued a press release releasing the January 1980 decision.
"Given the opportunity, RKO would present evidence that the pertinent corporate officials, far from intending to deceive the FCC, engaged in a meticulous effort to comply with all FCC disclosure requirements as reasonably understood by them," the company said.
It would be unusual for the three-judge panel to call its recent decision into question, although RKO also asked the 10 member full appeals court to hear the case.