In Re Applications of THE PACIFIC
TELEPHONE AND TELEGRAPH CO. For Construction Permits in the Domestic Public
Point to Point Microwave Radio Service To Modify Stations KMN91, KTG30 and
KMQ36 at San Jose, Walpert Ridge, and Oakland, Calif.
File
Nos. 3710 through 3712-C1-P-70
FEDERAL
COMMUNICATIONS COMMISSION
25 F.C.C.2d 445
RELEASE-NUMBER: FCC 70-757
July
22, 1970 Released
Adopted
July 15, 1970
JUDGES:
BY THE
COMMISSION: COMMISSIONER JOHNSON DISSENTING AND
ISSUING A STATEMENT.
OPINION:
[*445]
1. Before the Commission are the
above captioned applications filed by the Pacific Telephone and Telegraph
Company (PT&T) on December 24, 1969, which propose to add two additional
microwave channels, each with a capacity of 1200 voice grade circuits, on
existing facilities between San Jose and Oakland, California. In addition are: (1) a "petition for
leave to intervene" filed on January 29, 1970 by the Spanish
Speaking/Surnamed Political Association, Inc. and California Rural Legal Assistance,
Inc. (Spanish Speaking Associations), (2) a "petition for leave to
intervene" filed on February 26, 1970 by the Mexican-American Legal
Defense & Educational Fund and the Mexican-American Political Association
(Mexican-American Associations), (3) an opposition filed on March 23, 1970 by
PT&T, (4) a reply filed on April 6, 1970 by Spanish Speaking Associations,
and (5) a motion for leave to supplement PT&T's opposition filed on April
23, 1970 by PT&T.
2. Petitioners contend that PT&T does not
offer equal employment opportunities and equal opportunities in the use of
communications facilities to Spanish surnamed Californians. Therefore, they urge the Commission to
withhold the radio authorizations until: (a) PT&T institutes bilingual
operator service in San Francisco on a full time basis; and (b) PT&T submits
a plan, comparable in scope to the "Philadelphia Plan", to employ
6,000 additional Spanish surnamed persons and to institute a merit promotion
system. PT&T denies any
discrimination and contends that it has continuously complied with Title VII of
the Civil Rights Act of 1964 and Executive Order 11246. PT&T contends that it should not be
singled out for any new far reaching action such as the "Philadelphia
Plan", but if such action is deemed necessary, it should be applied
equally to all [*446] carriers in a general rulemaking
proceeding. As to bilingual operators
in San Francisco, PT&T urges that we defer to the California Public
Utilities Commission since a petition on the matter is now pending before that
Commission.
3. The proposed facilities are to be used for
additional telephone circuits between San Jose and Oakland at which point they
will interconnect with AT&T Long Lines facilities for distribution
throughout the United States. In a
letter dated May 8, 1970, PT&T states that ten other toll facilities
projects in the Oakland-San Jose area are directly dependent upon these radio
facilities and that if the commencement of construction is delayed beyond the
third week in July, there will be serious, adverse consequences on the quality
of toll service at San Jose and construction costs that must necessarily be
incurred to meet service obligations.
4. Under these circumstances and in
consideration of the fact that the need for the proposed facilities is not
challenged, it does not appear that the public interest would be served by
delaying action on the applications pending resolution of the matters
raised. Moreover, we have proposed
rules, which should be finalized shortly, in Docket No. 18742 relative to
discrimination by common carriers, 34 F.R. 19200 (December 4, 1969). Since the questions raised here relate more
appropriately to overall company policy rather than any particular physical
facility, we will consider petitioners' complaints and requests in connection
with such rules as adopted. Having
found that the construction of the microwave facilities in question will serve
the public interest, convenience and necessity and that PT&T is legally,
technically, financially and otherwise qualified to construct and operate such
facilities, the applications will be granted.
However, we wish to emphasize that such action is not intended to
reflect on the merits or the importance of the matters raised by petitioners.
5. Accordingly, IT IS ORDERED, that the
captioned applications ARE GRANTED, without prejudice to any rulings which may
be made as a result of the final resolution of the petitions filed by the
Spanish Speaking Associations and the Mexican-American Associations.
6. IT IS FURTHER ORDERED, That PT&T's
motion for leave to supplement IS GRANTED.
7. IT IS FURTHER ORDERED, That the petitions
and responsive pleadings filed herein will be considered pursuant to the rules
as adopted in Docket No. 18742.
FEDERAL COMMUNICATIONS COMMISSION, BEN F. WAPLE,
Secretary.
DISSENT:
DISSENTING
STATEMENT OF COMMISSIONER NICHOLAS JOHNSON
Spanish-speaking
citizens in California believe the Pacific Telephone and Telegraph Company does
not offer them equal employment opportunities.
We refuse to consider their petition, contending that the issues will be
disposed of in general rulemaking later.
I do not believe
our decision is premised on racist and repressive motivations. The majority honestly believes it has, and
will, deal [*447] fairly with the complainants. It wishes to give priority to the
construction of the new facilities that would be delayed were we to investigate
petitioners' complaints at this time.
The fact remains
that petitioners have been denied a procedural opportunity to force the issue
at this time and have the Commission confront the issues. The fact remains that the construction of
corporate property has been given priority over the consideration of peoples'
well-being and just treatment. The fact
remains that Pacific Telephone and Telegraph may be constructing these
facilities in violation of federal law (Civil Rights Act of 1964), and that
this Commission has put its imprimatur of approval upon that possible
violation.
It's one thing
to take these risks when nobody complains, and the matter will likely never see
the light of day. In this case,
however, we have been petitioned by parties believing themselves to be
aggrieved. Those who have been
counseled by the Anglo Establishment that they should not lose their faith in
the American principles of justice, that they should not engage in violence,
that they should work within the system, have followed their moderate leaders'
restrained advice. Can they be expected
to do so often again?
This is, in
short, a poignant and pathetic example of how governmental and corporate
leaders of good will, thinking they are acting reasonably, are in fact adding
fuel to the fires of those who urge burning down an establishment that cannot
hear: "The majority is not silent, the government is deaf."
I dissent.