ILLINOIS - The University of Illinois Board of Trustees
ILLINOIS - The University of Illinois Board of Trustees ILLINOIS - The University of Illinois Board of Trustees
19791 UNIVERSITY OF ILLINOIS 245 village of Cicero, near Chicago. This wad the first such AM channel to be vacated in a major metropolitan area in many years, and the first AM or FM channel for which the University could apply that would permit service to an appreciable part of the Chicago metropolitan area., While questions of specific funding of construction and of the ultimate broad- cast operation did not require immediate answers, the board and the administrative officers have been sensitive to them while the University’s application went forward, and such matters have been the subject of continuing discussions among the officers of the Chicago Circle and Medical Center campuses and the general university. Although the University’s application is believed to be a strong one, un- certainties and delays in the application process have affected the University’s ability to maintain a high-priority commitment to this public service activity. Further, as numerous issues affecting the award of the license have been resolved, one has grown to major significance: stations broadcasting on this and nearby chan- nels are exclusively commercial, and a direct contention between a public broad- caster, the University, and commercial applicants (at least two strong ones in the present instance) over a nominally commercial channel is without precedent. The counsel retained by the board has received an offer from certain of the commercial applicants which is the basis for the resolution that follows: In return for seeking dismissal of its application for this license, the University would be reimbursed for its expenses to date (as determined in accordance with the pnr cedures of the Federal Communications Commission) ; further, the board would be given a right of first refusal to purchase the interests of the presumably successful applirants for the license should they elect to dispose of it in the future. Settlement would allow early inauguration of commercial service attentive to the special needs of Cicero and nearby communities. In the meantime, the University will continue to explore the feasibility of improving its service to the Chicago region through expanded FM capability and other means. Therefore, the president of the University, with the concurrence of the a p propriat? administrative officers, recommends the adoption of the following resolu- tion approving the withdrawal of the University’s application and settlement of the matter on the terms indicated. Resolution Whereas, The Board of Trustees of the University of Illinois previously authorized the preparation, filing, and prosecution of an application for a con- struction permit for a new standard broadcast noncommercial educational station at Cicero, Illinois; Whereas. in authorizing that application the Board recognized a great need for public radio service in the Chicago area; Whereas. the application made by the Board has been forestalled by similar applications by parties proposing commercial operations and lengthy litigation has ensued, Whereas, the parties to that litigation have proposed a resolution of the pending litigation which will reimburse the Board for its expenses in that litigation, Whereas, the proposed resolution also provides an opportunity for earlier inauguration of commercial service attentive to the special needs of Cicero and nearby neighborhoods, and Wherem, the proposed resolution allows the Trustees to acquire the station if its operation is discontinued, Now, Therefore, the Board of Trustees of the University of Illinois hereby authorizes its Officers and Counsel to:
246 BOARD OF TRUSTEES [April 20 1. Seek dismissal of the University’s application for the Cicercr AM facility, now in comparative hearing status before the FCC, in return for: a. Complete reimbursement of the University’s legal, engineering, and other ex- penses legitimately and prudently incurred in connection with the prepara- tion and prosecution of its application, and b. A right of first refusal to acquire the station by means of an assignment of license should the parties operating the station propose to sell or otherwise dispose of their interest; and 2. Enter into an agreement with the other applicants in the comparative hearings before FCC providing for: a. Dismissal of the applications of parties other than Migala Enterprises, Inc., and Midway Broadcasting Corporation, and b. Settlement and resolution of the comparative hearing by granting the appli- cation of Migala and Midway, which would share the frequency as two separate stations, each operating for parts of the day; and 3. Execute and deliver on behalf of the University of Illinois all documents neces- sary or appropriate to accomplish the foregoing and to fulfill any FCC require- ments preliminary to FCC approval of the transaction; and 4. To dismiss and withdraw the University’s application with prejudice upon FCC approval of the transaction and upon reimbursement to the University as pro- vided in the said agreement. On motion of Mr. Howard, the foregoing resolution was adopted. Renaming of the Student Services Building, Urbana (14) Student affairs staff members at the Urbana campus have recommended that the Student Services Building be renamed the “Fred H. Turner Student Services Building” in honor of the former dean of students, who retired in 1968 after fifty years of service under eight University presidents. Dean Turner began his tenure with the University as a part-time student em- plgyee at Urbana in 1918, earning a baccalaureate degree in 1922, a master’s degree in 1926, and a Ph.D. in 1931. He was named assistant dean of men in 1922, dean of men in 1932, dean of students in 1943, and University dean of students and chairman of the University of Illinois Centennial Year in 1968. During his long career he was active in a number of local, state, regional, and national associations, receiving the National Interfraternity Conference Gold Medal in 1955 and the College Fraternity Secretary’s Association Distinguished Service Award in 1967. He continued to serve the University after retiring and in I971 was the re- cipient of the University of Illinois Alumni Achievement Award. Dean Turner died in September 1975. The vice chancellor for student affairs and the chancellor at the Urbana cam- pus concur in this recommendation. I recommend approval. Mr. Lenz raised a personal objection to this recommendation, on the basis of his judgment that although the late Dean Turner had contributed greatly to the institution, he had been somewhat insensitive to minorities and human rights. Mr. Hahn and others expressed the view that the rec- ord and attitudes must be judged on balance, pointing out that until recently many were not alert to issues of race and human rights. Following intensive discussion among the trustees, the recommenda- tion was moved by Mr. Hahn, received a tie vote, and therefore was not
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246 BOARD OF TRUSTEES [April 20<br />
1. Seek dismissal <strong>of</strong> the <strong>University</strong>’s application for the Cicercr AM facility, now<br />
in comparative hearing status before the FCC, in return for:<br />
a. Complete reimbursement <strong>of</strong> the <strong>University</strong>’s legal, engineering, and other ex-<br />
penses legitimately and prudently incurred in connection with the prepara-<br />
tion and prosecution <strong>of</strong> its application, and<br />
b. A right <strong>of</strong> first refusal to acquire the station by means <strong>of</strong> an assignment <strong>of</strong><br />
license should the parties operating the station propose to sell or otherwise<br />
dispose <strong>of</strong> their interest; and<br />
2. Enter into an agreement with the other applicants in the comparative hearings<br />
before FCC providing for:<br />
a. Dismissal <strong>of</strong> the applications <strong>of</strong> parties other than Migala Enterprises, Inc.,<br />
and Midway Broadcasting Corporation, and<br />
b. Settlement and resolution <strong>of</strong> the comparative hearing by granting the appli-<br />
cation <strong>of</strong> Migala and Midway, which would share the frequency as two<br />
separate stations, each operating for parts <strong>of</strong> the day; and<br />
3. Execute and deliver on behalf <strong>of</strong> the <strong>University</strong> <strong>of</strong> <strong>Illinois</strong> all documents neces-<br />
sary or appropriate to accomplish the foregoing and to fulfill any FCC require-<br />
ments preliminary to FCC approval <strong>of</strong> the transaction; and<br />
4. To dismiss and withdraw the <strong>University</strong>’s application with prejudice upon FCC<br />
approval <strong>of</strong> the transaction and upon reimbursement to the <strong>University</strong> as pro-<br />
vided in the said agreement.<br />
On motion <strong>of</strong> Mr. Howard, the foregoing resolution was adopted.<br />
Renaming <strong>of</strong> the Student Services Building, Urbana<br />
(14) Student affairs staff members at the Urbana campus have recommended that<br />
the Student Services Building be renamed the “Fred H. Turner Student Services<br />
Building” in honor <strong>of</strong> the former dean <strong>of</strong> students, who retired in 1968 after fifty<br />
years <strong>of</strong> service under eight <strong>University</strong> presidents.<br />
Dean Turner began his tenure with the <strong>University</strong> as a part-time student em-<br />
plgyee at Urbana in 1918, earning a baccalaureate degree in 1922, a master’s degree<br />
in 1926, and a Ph.D. in 1931. He was named assistant dean <strong>of</strong> men in 1922, dean<br />
<strong>of</strong> men in 1932, dean <strong>of</strong> students in 1943, and <strong>University</strong> dean <strong>of</strong> students and<br />
chairman <strong>of</strong> the <strong>University</strong> <strong>of</strong> <strong>Illinois</strong> Centennial Year in 1968.<br />
During his long career he was active in a number <strong>of</strong> local, state, regional, and<br />
national associations, receiving the National Interfraternity Conference Gold Medal<br />
in 1955 and the College Fraternity Secretary’s Association Distinguished Service<br />
Award in 1967.<br />
He continued to serve the <strong>University</strong> after retiring and in I971 was the re-<br />
cipient <strong>of</strong> the <strong>University</strong> <strong>of</strong> <strong>Illinois</strong> Alumni Achievement Award. Dean Turner died<br />
in September 1975.<br />
<strong>The</strong> vice chancellor for student affairs and the chancellor at the Urbana cam-<br />
pus concur in this recommendation.<br />
I recommend approval.<br />
Mr. Lenz raised a personal objection to this recommendation, on the<br />
basis <strong>of</strong> his judgment that although the late Dean Turner had contributed<br />
greatly to the institution, he had been somewhat insensitive to minorities<br />
and human rights. Mr. Hahn and others expressed the view that the rec-<br />
ord and attitudes must be judged on balance, pointing out that until<br />
recently many were not alert to issues <strong>of</strong> race and human rights.<br />
Following intensive discussion among the trustees, the recommenda-<br />
tion was moved by Mr. Hahn, received a tie vote, and therefore was not