Weekly television digest (Jan-Dec 1963)

NEW SERIES VOL. 3, No. 1 TELEVISION DIGEST— 3 technicians' judgment to get the 10%. Said Lee: "The FCC report attaches little or no relative significance (to householders' reports vis-a-vis those of the trained technician for the stated reason that it was found very difficult to educate the family circle as to the purpose of the test, to properly operate the receiver, to adjust indoor antennas and to understand the difference between program quality & picture quality." Then Lee digs in: "But ignoring this aspect for the moment, it is apparent that householders did not record this marked superiority for vhf when one considers that 428 householders rated both Ch. 2 & Ch. 7 pictures to be Grade 3 or better, while 406 householders rated Ch. 31 pictures to be Grade 3 or better. If this supports your contention that householders rate vhf to be 50% superior to uhf, I should have failed 6th grade arithmetic." , As for fact FCC had 78% of sets within 10 miles of transmitter, instead of scattering them uniformly ! out to 25 miles, Lee said purpose of test was to measure reception in highly congested area. In light of fact MST helped FCC plan tests, Lee said: "I am greatly surprised that you now raise substantial questions as to the procedures used and of the analysis of results. This is particularly disturbing to me in view of your organization's participation in an advisory capacity and in view of our staff's conscientious endeavor to conduct the experiment objectively and as efficiently as possible." Lee doesn't let it go there: "In the conclusion of your analysis you state that uhf service is not a substitute for vhf but rather that our report shows the need for vhf & uhf to exist side by side with each other in the same communities. I fail to perceive the manner in which our data would infer any such conclusion. Our tests were designed to obtain information and little else. We had no thought of installing a super uhf station in New York with the primary purpose of making direct comparisons with vhf. It was expected that less than perfect service would be found on uhf but since we have no absolute measure of what is or is not satisfactory, comparisons were required to be made with vhf to find out what the relation might be." REGULATORY AGENCY STREAMLING PROPOSED: Long-awaited recommendations of blueribbon U.S. Administrative Conference have gone to President Kennedy, are available for industry's analysis. Group was established by executive order in April 1961, to scrutinize procedures of govt, regulatory bodies, devise program for improving efficiency. First recommendation by Conference was that it be established as permanent body by law, with authority to study any agency's procedures, submit findings to President, Congress, etc., as it sees fit. Until law could be passed, group called on President to continue present Conference for 2 years. Major FCC problem, according to Conference, is too many hearings. Among leading suggestions: (1) Reduce number of comparative hearings by establishing system of priorities under which same applicants would be automatically preferred over others. With 2 or more equally qualified applicants, devise new method of determining winner — e.g., by time of filing. (2) Amend Communications Act to give FCC authority to assure that proposed purchaser of a station will have qualifications equal to those of original grantee. (3) Give hearing examiners maximum authority to decide interlocutory issues in hearing cases, permitting no reviews of such ruling unless agreed to by examiner handling case, chief examiner, or FCC. (4) Commission should publicize & allow some form of public discussion in its formulation of programming criteria. Ex parte communications received considerable discussion. Conference concluded single code of behavior covering all agencies isn't feasible, suggested each formulate own code. Delegation of decision-making authority also was urged. Conference recommended initial decisions be considered final without agency review, unless party involved could show decision contained error or prejudice. Witnesses' right to counsel should be broadened, group suggested. In hearings or other agency proceedings, counsel should be allowed more participation in representation of clients. Persons appearing by request or permission should be granted same right to counsel as subpoened witnesses. Conference recommended. Copies of report & accompanying letter to President will be available this week from Exec. Secy. Webster P. Moxson, Dir., Office of Administrative Procedure, Dept, of Justice, Washington 25.