Supporters drop petition
concerning local station
By MARK SCHULTZ
Collegian Staff Writer
After two years of legal obstacles and
rising construction casts, a group of
local businessmen and investors have
withdrawn their petition to establish a
television station in State College.
Nittany Communications, Inc., (NCI),
in a May 13 petition to Federal Com
munications Commission (FCC)
Allrninistrative Law Judge Thomas B.
Frzpatrick, asked to withdraw their
March 1975 application for a con
srruction permit for what was to be UHF
station 29.
1 ;"We felt it, was basically a time
problem," NCI President Fred Nicholas
said Wednesday, estimating that it
might' be three years before the station
v: 1 1:luld have been on the air.
All steamed up? Keep
A few pointers might be welcomed by
those who are new to the heat of a Penn
State summer. ,
Between classes in air-conditioned
Willard or the Forum, the pool or air
onditioned Pattee can help you keep
your cool. .
,i,But sleep is hard to come by on hot
nights like the ones we've been sweating
through
gnChiiles N. Claar, director of the
Institute of Engineering Advisory
Services, said students never had it so
good. When Claar, a Penn State
graduate, lived in West Halls, the heat
Was alleviated only by, fans. There were
air-conditioned respites available in
(Bose days.
'l3ut today in non-air-conditioned
dorms and apartments, sleep will evade
even lovers of the tropics. What to do?
"'War suggested an old-fashioned
remedy to this timeless problem.
u "I suppose what I would do is get a fan
oli
Lawyer's fees similar, but reflect market forces
An informal poll of four area law firms conducted by The
ly collegian found legal fees fluctuated by only $5 for a
`4 , trypothetical divorce case.
a In the landmark 1974 Goldfarb vs. Virginia State Bar, et al
liecision, the U.S. Supreme Court ruled that fee schedules,
agreements by lawyers to charge the same fee fora given type
of case, were illegal.
: However, price similarity does not necessarily indicate
(Regality because the courts require evidence of subtle or
2vert organized pressure on lawyers to force them to comply
with local pricing customs:
.Similarity in prices could be a result of free market forces.
z "The marketplace controls cost," State College attorney
Ronald Friedman said. "I would not say there was an active
• R 1 w • ~A • - V
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Is your chest as flat as a surfboard?
Then get to Nautilus at once.
Nicholas and six others originally filed
for the permit in March, 1975 with the
intention of remodeling an existing
building, and beginning broadcasts by
October.
In May of the same year, however,
State College Communications Corp.,
( SCCC), owners of radio stations WRSC
and WQWK, filed a petition with the FCC
to deny NCI the license, which any group
or individual may do that believes
justification exists for not granting the
applicant a license.
Following a counter-petition by NCI
which stated that the actual intent of the
SCCC was to prevent the advertising
market competition of the new station,
the FCC held a trial last summer-in
Bellefonte to determine the intent of the
SCCC. whose own licenses were up for
Keeping cool
in the dorms
and set it in front of an open window to
pull air through," Claar said.
"We did this when I was a kid at home
4 4 g t
•
4 '` f‘ 4tl
• 041
agreement between lawyers as to how much they will charge.
Rather, there is a conformity of fees because lawyers, like
anyone else, must charge for their time and external factors,"
Friedman said.
The price similarity of the hypothetical divorce is due to "a
bracketing or 'floor and ceiling' on a legal service in State
College," he said.
This bracketing yields an informally agreed-upon con
formity in fees, Friedman said. ,
"Five years ago there used to be a printed (fee schedule)
which lawyers were given. But, I don't think they use it
anymore; it's sort of an informal agreement," another State
College lawyer said.
"There used to be a printed fee schedule back in 1963, but
ef. 0 . omouviim....,,
renewal at that time. ,
The FCC ruled in. favor of , the SCCC,
stating that they had "filed in good faith
and in a responsible manner."
Because of the delays,, and rising
construction costs, NCI found itself this
May $18,905 short of its estimated
construction and first year operating
costs and still no closer to State College's
airways, Nicholas said.
Then on May 13, with an FCC hearing
scheduled for June 6, NCI filed a petition
to withdraw its original application.
After receiving affadavits of "no
consideration" from both NCI and the
SCCC, Judge Fitzpatrick, in his opinion
dated June 1, stated, "Under con
sideration of this petition . . . it is
necessary to dismiss this order and
terminate proceedings."
your cool!
in Philadelphia and the house would cool
down in 15 to 20 minutes," he said. Claar
also advised opening the door and
window in order to achieve cross
ventilation.
Philip A. Grosnick, assistant director
of the Residential Life Programs,
suggested the same procedure.
"Because the University has straight
steam heat, there is no real pumping
system which could move air through
the dorms," he said.
Grosnick suggested keeping windows
open, but drawing curtains to keep hot
sun from heating up the rooms.
Which sides of the buildings are hard
hit by sun and the height of a room in a
building will determine how hot a room
can get, he said.
So if sleepless nights are troubling
you, try a few of these tips to see if the
temperature in your room goes down.
Hopefully, your spirits will rise instead
of the mercury in your thermometer.
State Senator Franklin Kury makes his points at the State College Women's Club community caucus on Wednesday
night. Kury is serving his second term in the State Senate.
Tighten belts, Kury tells colleges
By ROSEMARY GARHART
Collegian Staff Writer
Should state institutions, such as the University; be
allowed to borrow money to finance their programs due to
a lack of state funds?
State Sen. Franklin L. Kury, responding to questions at
' a community caucus sponsored by the State College
Women's Club Wednesday night, said these institutions
must be more careful in their spending so they will not
have to borrow money.
Kury, a potential Democratic gubnatorial nominee,
said the state will no longer bail out programs in trouble.
"New taxes are needed to offset new programs and the
public is only willing to go so far. People don't see the
relationship between taxes and an increase in services,"
Kury said. ,
He added that it is up to the legislature to examine and
audit institutional programs more thoroughly.
Kury, 40, said he thinks he could win the Democratic
nomination for governor if he had the support of a united
central Pennsylvania.
Kury also said a Democratic candidate does have a
chance of becoming governor, despite the reputation of
the Shapp administration.
What does Kury think of Gov. Shapp?
"He's done some good things, particularly fiscal con
trol. He just doesn't know when to fire someone," Kury
said.
One member of the audience asked what is the state's
responsibility to public education.
Kury said the state is obligated to help provide thorough
public education after first examining the schools'
today it's only an unspoken guideline," an attorney requesting
anonymity said.
Still another lawyer wishing to remain unidentified said, "I
think the larger firms use a fee scheduling set-up, but there
are many individuals who don't adhere to a set rate."
"Oftentimes a lawyer will vary his payment terms ac
cording to what the client can afford," State College attorney
Denning Mas . on said. .
How the client pays for the lawyers services can affect the
cost, he said.
"A person with a personal injury case will come out ahead
when paying a fixed fee because a lawyer will often put more
hours into a case" of this type than he actually gets paid for,
Mason said.
The Daily Collegian Friday, June 24, 1977
programs and expenditures.
He said he voted against House bill 593 that required the
state to pay one-half of the local communities'
educational expenses.
"I would vote to pay for school subsidies, but I don't
want to give anyone a blank check," Kury said.
Carol Herrmann, Centre region planning commission
member, questioned Kury on the state's program to
eliminate gypsy moths infesting trees throughout the
state.
Kury said the state has allotted $550,000 to spray
residential and recreational areas, but $l5 million would
be needed to spray the infested two million acres.
"Even this would be only 95 per cent effective and in
three years the situation would be the same asloday," he
said. ~
According to Kury, a potential solution is parasitic
control and he intends to check into state funding of
research.
Another member of the audience asked if the Depar
tment of Environmental Resources (DER) is doing its
job.
"DER is disliked by many who resent the agency's
interference. Much environmental legislation was passed
in the '7os and the communities were overwhelmed with
regulations," Kury said.
Carol Herrmann asked what Kury would do to improve
the state Department of Transportation.
"Take partisan politics out of the appointment of
supervisors and superintendents, and complete a
management study of the department," Kury said.
However, he said, a person getting a title search on a house
which was title-searched within the previous two years should
insist on an hourly rate because the lawyer has very little
work to do.
A title search, required whenever buying land or a house,
involves checking through deeds to make sure the property is
free of any liens and is clear for sale.
"Lawyers are often flexible in their fees. You have to ask
them their prices," Friedman said.
Prices vary by at least 10 per cent, he said, but a problem
arises because to find out the fee a person often must pay for
the time spent consulting the attorney.
"The best bet for students is to overcome the fear of asking
the price of a service over the phone," Friedman said.