Weekly television digest (Jan-Dec 1963)

NEW SERIES VOL. 3, No. 3 TELEVISION DIGEST— 3 Sterling immediately denied FTC charges, said ads were "carefully prepared and thoroughly scrutinized for accuracy in reporting" before release. It added that FTC action was "surprising" in view of fact Commission still has pending charges against Sterling competitors for claims that their products are more effective than aspirin. In other action, FTC relaxed rules to give witnesses' attorneys more voice in closed hearings. At present, lawyers may participate only to extent of advising witnesses off record. Under new rules, counsel may explain for record why he has advised client not to answer questions. He also may object to questions & request clarification of any answers he believes ore incomplete. But Commission warned that "obstructionist" tactics by attorneys may cause expulsion from hearing. ROUND ONE FOR ASCAP: Next move by broadcasters in running duel between All-Industry TV Station Music License Committee and ASCAP (Vol. 2:41 p6) will be in 2nd Circuit Court of Appeals (N.Y.) — or so All-Industry group was hoping late last week. Supreme Court rejected All-Industry appeal earlier in week to have high court rule on plea to change system vmder which TV stations used copyrighted music. "We're disappointed, but don't forget that the Supreme Court did not rule on the merits of our appeal," we were told by Hamilton Shea, Committee chmn. & pres, of WSVA-TV Harrisonburg, Va. Motion has been filed by Committee with Supreme Court to transfer appeal to Circuit Court. If Supreme Comt accepts, this will mean, in effect, that All-Industry group is right party to bring appeal, but had : brought it to wrong court. Action in lower court "might be over and done with by Jime," we were told by Committee source in N.Y. ASCAP admitted it was "pleased" by Supreme Court's refusal to hear industry group's appeal, and (I said via legal spokesman that "all contracts will continue in status quo" meanwhile. ASCAP has indicated in past in might revise "blanket license" system imder which TV industry now pays some $19 million annually )| to ASCAP — if stations & broadcasters divested holdings in BMI, arch-rival of ASCAP. I Committee still has much fcdth in merits of its case. "What we really want to do," said Shea, "is to <1 put the user & supplier of music for broadcast purposes together, since music is on area on which there can be ii little bargaining at present in TV." If such bargaining position is achieved — i.e., "blanket-licenses" for indiV vidual shows but not for entire station schedule — via court action, there is provision with ASCAP to moke final )| rote retroactive to start of 1962. • • • • ' On another TV music front late last week, American Federation of Musicians announced new 3 I year labor agreement covering musicians working in TV-radio commercials. Contract replaces present union ■| pact expiring Jan. 31, will cover both U.S. & Canadian musicians. Key points of new contract: (1) No non-union foreign music in commercial soundtracks. (2) 5% wage I hike for first 2 years, 2V2% hike 3rd year. (3) Elimination of rehearsal time. (4) Re-use payments after 13 weeks. , (5) General contract benefits for music copyists & extensions of musicians' pension benefits to 1966. (6) Extra ; payments for musicians who "double" instrumentally on jingles. I BIG AIRBORNE ETV EXPANSION IN WORKS; Three-year-old Midwest airborne TV instruction project i has asked FCC for 6 permanent uhf channels, proposes to begin regular operation broadcasting 180 hours weekly to thousands of schools & colleges in Sept. 1965. 1 Project has been operating on experimental basis, telecasting from circling aircraft on Ch. 72 & 76 to schools in 140,000 sq. mile area which includes ports of 111., Ohio, Mich., Ky., Wis. & Ind. Coverage area has some 7.2 million students. Program initially was operated by Purdue U. Research Foundation, last year in: corporated as independent organization. Midwest Program on Airborne TV Instruction Inc. Since project's operating permits expire in April, FCC is expected to take quick action on request. MPATI officials indicate that if the 6 channels aren't granted, the project may be dropped; they believe that 2 channels provide insufficient coverage.