Television digest with electronic reports (Jan-Dec 1959)

11 Same Arguments on Ch. 10: All parties to Miami Ch. 10 “influence” case repeated their positions this week in briefs & exceptions to the initial decision issued by examiner Judge Horace Stern (Vol. 14:49). Next step in case is oral argument before Commission, date to be set. Justice Dept., in document handled personally by Attorney General Rogers, insisted that 3 of the 4 applicants must be thrown out completely, now: National Airlines, WKAT & North Dade Video. He held that L. B. Wilson is clean, should be thrown into new comparative heai'ing with anyone else who wants to apply. Stern had held that no applicants should be “absolutely” disqualified but that their derelictions should be held against them in future proceeding. FCC general counsel’s office, through team headed by Edgar W. Holtz, made same argument, said the 3 must be tossed out now. Holtz crew disagreed with Stern’s finding that the 3 should be given another crack at Ch. 10 because one might serve public better than others— despite character blemishes. National Airlines repeated its assertion that attorney Thurman Whiteside was not its emissaxy when he contacted ex-Comr. Richard Mack. WKAT reiterated argument that owner A. Frank Katzentine did nothing except try to preserve integrity of FCC’s processes. North Dade maintained that there’s no evidence that it desired “to enlist the aid of Senators & Congressmen in obtaining for it the award of the CP for Ch. 10.” L. B. Wilson insisted that Judge Stern should have disqualified the other 3 applicants “absolutely.” .. Meanwhile, in Boston Ch. 5 “influence” case (Vol. 15:2), FCC voted tentatively to let Boston Globe intervene in hearing — ^but to limit its participation solely to issue No. 1, dealing with “the possible disqualification of one or more of the commissioners.” Pre-hearing conference in case is scheduled Jan. 26. Suspension of operations Jan. 31 is planned by KXLJTV, Helena, Mont. (Ch. 12), owner Ed Craney swore in affidavit to Court of Appeals in Washington this week. Suspension, that is, unless Couii; stops Montana Microwave from feeding signals of Spokane stations to Helena community antenna system. Appealing FCC’s decision to allow microwave to operate (Vol. 14:51), KXLJ-TV asserted that competition from CATV-distributed Spokane signals is “ruinous, unfair & insui'mountable.” Craney said that CATV feeds 2300 of city’s 4000 TV homes, aims to reach 3500 within a year; that he believes CATV system advanced constraction funds to Montana Microwave; that latter’s status as a common carrier is fictional. Craney said that KXLJ-TV has lost $13,280 to date but that it wouldn’t be discouraged if it had to compete only with signals CATV could pick up out of air near Helena. He asserted that advertisers aren’t willing to buy time on Helena station when they can reach cream of audience fi'ee via CATV distribution of Spokane signals. New CATV system in Page, Ariz. is proposed by Antennavision Inc., but it needs microwave to feed it, company told FCC in application filed last week. It also proposes to provide a 4th channel for its system in Winslow, Ariz. Antennavision operates 12 CATV systems in Ariz., N. M. & Cal. Waiver of FCC rules has been granted to WNEM-TV, Bay City, Mich. (Ch. 3) to identify itself also with Saginaw. New & Upcoming Sialions: Jan. 24 programming is planned by WHCT, Hartford (Ch. 18), after about week of test patterns, it’s revealed in letter filed with FCC. Station has been transferred from CBS to Edward D. Taddei’s new Capitol Bcstg. Inc. (Vol. 14:49, 52). It’s second uhf revival in recent months, other being WWORTV, Worcester, Mass. (Ch. 14), now operated as part of William L. Putnam’s Mass, group (Vol. 14:48), which includes parent WWLP, Spi’ingfield (Ch. 22) & satellite WRLP, Greenfield (Ch. 32). ii: ^ ^ In our continuing survey of upcoming stations, these are latest reports from principals: KCCC-TV, Sacramento, Cal. (Ch. 40) has purchased RCA equipment and plans to start Feb. 1-15, according to gen. mgr. Mel Lucas. However, it’s asking for change of studio-transmitter to 26th & American River. It will use Utility tower. Lucas, program director Clarence Holien & film director Don Cerveny are former employes of off-air Sacramento uhf which used same call letters and channel. Stanley Ryno, ex-KBET, Sacramento, is chief engineer. Base hour is $150. Rep is McGavren-Quinn. WQEX, Pittsburgh (Ch. 16), with 12-kw GE transmitter scheduled to be wired Feb. 15, has changed its programming target as an educational to late Feb., reports gen. mgr. Wm. C. Dempsey for owners, who also operate Pittsburgh’s WQED (Ch. 13, educational). It will use repaired GE antenna on WQED’s 500-ft. Blaw-Knox tower. WGTE-TV, Toledo (Ch. 30, educational), won’t meet Jan. 27 tai'get, as it has been unable to complete proof of performance for license application, writes Muri’ay W. Stahl, program director for grantee U of Toledo. A pre-grant procedure to clear up quarrels among station applicants in advance of FCC authorization of of CPs should be substituted for present post-grant protest pi’ocedure, according to majority of Fedei’al Communications Bar Assn, members voting in meeting Jan. 9. They believe the Communications Act should be amended to require interested parties to state objections to any applications prior to FCC grant, whereupon Commission can resolve problems, through hearings if necessary, before committing itself to CPs. After attorneys debated 4 alternatives, 5 voted to retain pi’otest procedure as is; 10 voted to amend protest rule; 5 to eliminate protest; 27 to establish pre-grant procedure. Preparations for debate were handled by practice & procedure subcommittee headed by Ernest Jennes and including Robert Green, Jerome Heckman & Sylvia Kessler. It’s up to FCBA executive committee to transmit results to FCC & Congress. New Orleans Hassle Ends: WJMR-TV, New Orleans, resumed vhf sei'vice Jan. 13, stai’ting with Ch. 13 after going dark on Ch. 12 Dec. 31 (Vol. 15:1) — as the 3 competitors for Ch. 12 got together in a deal to leave a single applicant free for CP. The new setup: Okla. TV Corp. withdraws application, WJMR-TV & Coastal TV merge. Okla. TV gets $75,000 for expenses to date (of the $95,000 actually incurred), and mei’ged corporation will be owned 40% by WJMR-TV, 60% by Coastal (6%% each for its 9 partners). Officers haven’t been designated yet. New corporation will pay the $75,000, will also buy WJMRTV’s facilities for $350,000. FCC has authorized temporary operation on Ch. 13 until end of Jan., and parties hope that Commission will grant new CP for Ch. 12 by then.