Weekly television digest (Jan-Dec 1960)

VOL. 16: No. 52 3 Congress More about OVERSIGHTERS’ STAFF REPORT: Badly buffeted in nearly 4 years of headlined House hearings, broadcasters & FCC were spared new bruises by Commerce Legislative Oversight Subcommittee staff investigators in their final report last week. Some salt was rubbed into old TV-radio-FCC wounds by chief counsel Robert W. Lishman & his team of probers. But there were no fresh barbs for the industry in the 166page report (plus 97 pages of appendix) which Chmn. Harris (D-Ark.) will use as the working paper for the Subcommittee’s own windup review, due Jan. 3 when the Oversighters officially shut up their shop. Oversight staff stilettos were reserved this time for CAB, ICC and FPC among 14 regulatory agencies under the Subcommittee’s investigative jurisdiction. The report indicated members of the 3 agencies for general laxity & inefficiency. Also cited were alleged instances of misconduct— some of which were never subjected to hearings at which agency officials could defend themselves. Rep. Derounian (R-N.Y.) and other Republicans on the Subcommittee opposed release of the entire report because of the sections on CAB, ICC and FPC. Derounian said “it isn’t very American” to make charges without a hearing. No such Subcommittee objections to a 30-page section on the communications industry were raised. Lishman & staff recounted quiz, payola-plugola and FCC “influence” cases explored at hearings, pointed with scorn at sins exposed, and boasted about enactment of reform legislation this year. Only 2 prescriptions for more legislative medicine— to control networks and ban trafficking in station licenses — were recommended by the staff, however. Both recommendations had been anticipated (Vol. 16:51 p8). To License or to Regulate? Even so, the Subcommittee’s staff couldn’t make up its mind whether it would be better for FCC to license networks or just regulate them. And Counsel Lishman told reporters that Commission itself already has done “vei’y good” work in policing trafficking (Vol. 16:50 pi). In its recommendation for network legislation, the report said investigation & study had demonstrated “the complexities of the problem & the difficulty in selecting the most suitable method for its solution.” The staff suggested that Chmn. Harris reintroduce his bill (HR-11340) calling for network licensing, that Oversighter Bennett (R-Mich.) revive his bill (HR-5042) for regulation short of licensing — and that both be subjected to “early legislative hearings.” In the absence of the Oversight Subcommittee next year, the hearings would be conducted by the Communications Subcommittee — also headed now by Harris. As for trafficking, the report reiterated a 1959 recommendation by the Subcommittee itself that the Communications Act should be amended to forbid a “voluntary sale” of a station within 3 years of its license date unless a mandatory public hearing shows “affirmatively that the proposed transfer is in the public interest.” The only other staff recommendation in the broadcasting fleld — and it wasn’t for additional legislation — called for: “Administrative & Congressional study [of] how far broadcast content & balance should be determined by the rating services’ appraisal of audience size.” The Subcommittee has contracted with the American Statistical Assn, for an examination of ratings’ “statistical validity.” The FCC Miami Ch. 10 status quo was preserved in effect by a Court of Appeals order last week. Ruling on moves & counter-moves in the complex “influence” case (Vol. 16:49 p6). Judges E. Barrett Prettyman & John A. Danaher denied a request by FCC that it be permitted to proceed pronto with withdrawal of the Ch. 10 grant from National Airlines’ WPST-TV. But the Court also held in abeyance a motion by WPST-TV for staying & vacating FCC’s decision against WPST-TV. Elzey Roberts’ petition to intervene in the tangled proceedings as a friend of the court was granted. North Dade Video was permitted to consolidate its appeals with others. Noting that “this case, long delayed, has become ensnarled inprocedural technicalities,” Judges Prettyman & Danaher then instructed all parties to get a move on. Attorneys for the parties were ordered to report by Dec. 28 on any pre-trial agreements they can reach on issues. Following filing of the FCC record in the case, which may come within a week, the contestants for Ch. 10 will have 25 days (instead of the usual 40) to file briefs, which must be answered within 15 days by FCC, followed by a 10-day period for reply briefs. This schedule indicated that the case may get to trial within 2 months. Allocations actions by FCC: finalized — adding Ch. 9 to Redding, Cal., substituting Ch. 13 for Ch. 9 in Alturas. Proposed— (1) Making Ch. 18, Austin, Tex., educational, deleting Ch. 70, adding Ch. 67, substituting Ch. 75 for Ch. 53 in San Marcos. (2) Adding Ch. 15 to Madison, Wis. and Ch. 40 to Richland Center, deleting Ch. 33 from Madison and Ch. 15 from Richland Center. (3) Adding educational Ch. 28 to Newark, 0., substituting Ch. 68 for Ch. 28 in Lancaster. (4) Adding Ch. 37 to Lexington, Ky., swapping it with Ch. 70, Winchester. (5) Adding Ch. 14 & educational Ch. 31 to Columbia, S.C., deleting educational Ch. 19 & Ch. 67, substituting Ch. 19 for Ch. 14 in Camden, and Ch. 67 for Ch. 31 in Lancaster. Option-time appeal by KTTV Los Angeles (Vol. 16:47 p5 et seq.), which charges that FCC should have dropped option time altogether, will have plenty of participants. The Court of Appeals granted motions to intervene by 7 parties — 3 networks, 3 affiliate groups, Westinghouse Bestg. Co. but the court put a novel twist in its ruling: It told the 7 to get together in one brief — something of a forensic miracle. Attorneys are likely to ask the court for mercy. FCC has corrected its list of stations which had failed to respond to its political broadcast questionnaire (Vol. 16:49 p5). It reports that the following should not have been included: KFUO-FM Clayton, Mo.; KKAS Silsbee, Tex.; WAND Canton, O.; WCBQ Whitehall, Mich.; WDIX Orangeburg, S.C.; WLAQ Rome, Ga.; WORX-FM Madison, Ind.; WNCO-FM Ashland, 0. FCC’s uhf receiver radiation limits — 1,000 uv/m at 100 ft. — will be retained until Dec. 31, 1962, at EIA’s request. However, the Commission told EIA that, if it wants more extensions, “it should file supporting data as to receiver cost, production measurement and other pertinent factors to meet the 500 uv/m radiation limit originally scheduled.” Vhf-uhf ETV in Miami is proposed by WTHS-'TV (Ch. 2) which has filed an application for Ch. 17 there. It reported having bought some equipment from off-air WITV which had once operated commercially on Ch. 17. Plans call for mounting Ch.T7 antenna on the Ch. 2 tower. Uhf translator grant: Ch. 82, Waimea, Kauai, Hawaii, to KGMB-TV. Honolulu.