U. S. Radio (Jan-Dec 1960)

Washington Modified Broadcasting Bill Seen As Result of NAB Arguments Many observers credit the testimony of Vincent T. Wasilewski, vice president for government affairs of the National Association of Broadcasters, as playing an important role in the passage by Congress of the bill to revamp the Communications Act. The NAB directed most of its fire at two sections which had previously been passed by the House. One would give the Federal Commimications Commission the authority to fine stations up to |1,000 a day if they failed by "neglect or intent" to observe provisions of the act. The other would give the FCC the authority to suspend a station's license iip to 10 days. Speaking before a Senate subcommittee last month, Mr. Wasilewski said that these provisions were "wholly unnecessary and raise serious doubt as to whether the public interest would be served." Two Provisions Drew Heavy Fire of Broadcasters Pointing out that the original House bill failed to spell out offenses for which fines could be levied, Mr. Wasilewski said: "Not only does it delegate to the FCC a blank check to impose forfeitures upon any broadcase license for the violation of any rule or regidation, but it gives to that agency the additional power to levy a forfeitxire for such an intangible as failure to operate substantially as set forth in the license." The section which would have aiuhorized the commission to suspend stations up to 10 days for alleged misdeeds was described by Mr. Wasilewski as "a death sentence for the license. . . . Suspension for any period of time is tantamount to economic strangulation; for a station that 'lost face' by suspension would soon be deserted not only by advertisers but by the public as well." Bill Reflects Moderate Position Finally Taken in Congress The bill passed by lire Congress would: Eliminate completely the original jjrovision to authorize the FCC to suspend a station for up to 10 days if it felt it was operated against the public interest. It would have to be shown that there were "willfull and repeated" violations by the station. (The House version called for action in case of "neglect or intent.") The $1,000 a day fine provision was modified to authorize the FCC to levy fines of up to $10,000. A one-year statute of limitations would apply so the FCC could not go back farther than 12 months in prosecuting a case. Stations would be assured of the right of a jury trial in court on the basis of the facts in the case. FCC To Keep Close Watch On Political Broadcasts All radio stations in the country, NAB members and non-members alike, have received copies of a sample worksheet designed by the NAB to help them comply with a Federal Communications Commission request for detailed reports on political broadcasting this fall. Broadcasters have already received an FCC questionnaire on appearances by political candidates and programs of a similar nature during the period from Sept. 1 through Nov. 8, which must be returned by Dec. 5. The NAB points out that broadcasters should be aware that "there is considerable information requested which you are not presently required to maintain in your records as a license." NAB Opposes Commercialization Of Educational Fm Stations Opposition to a move, which would expand the activities of non-commercial, educational fm stations into commercial subsidiary broadcasting areas through the use of multiplexing, has also been voiced by the NAB. The association took this stand after a petition was filed with (Cont'd on p. 14) 12 U. S. RADIO • September 1960