Broadcasting (Oct - Dec 1945)

Porter Says AFM Edict Restricts FM ^r^aZ Officially FCC Can Do Nothing ; Asch Protests PAUL A. PORTER, chairman of the FCC, was on record twice last week on AFM President James C. Petrillo's edict on AM-FM music. Personally, he felt it "very seriously" restricts employment possibilities and hampers development of FM. Officially, he felt there was nothing the FCC could do about it. Interviewed on Mutual's Meet the Press program Nov. 9, Mr. Porter said he thought the "legitimate interests of labor unions can and should be protected with all the safeguards that public policy would require. However, I feel that in this situation employment opportunities are very severely restricted and the possible immediate development of FM is retarded because of Mr. Petrillo's edict," he declared. Porter Telegram He made it plain he was "expressing only my own personal point of view". When first asked for his opinion on the Petrillo ukase, he drew a round of laughter with his reply, "I cannot say that I am glad you asked me that question." On the day that he voiced his personal belief on the air, he sent the following telegram to Leonard L. Asch, president of Capitol Broadcasting Co., who sought FCC assistance when Mr. Petrillo refused to modify his demand so the company's FM station, WBCA Schenectady, a Mutual affiliate, could carry a special Victory Loan broadcast: "I think you must know that the matter of making necessary arrangements for broadcast material is the function of the licensee. I do not see that there is anything that I can do in response to your request." Mr. Asch, who does not operate an AM station, questioned whether the networks were wholeheartedly interested in developing FM as speedily as possible. He said it is true that they are interested in FM development but that "it is surprising that this interest has never urged them to give fulltime service in FM. . . ." "It might be asked whether it is also a coincidence that with the Petrillo ban the major FM stations owned by the networks immediately find it necessary to go off the air indefinitely for technical repairs, whereas a small independently operated station continues to maintain a 16-hour schedule, as we have since July 17, 1941, without the necessity of interrupting the public service, convenience and necessity for which we have been licensed." Mr. Asch said the networks' contention that they do not charge for transmission of commercial programs over their own FM stations "is a fine method of putting an independent operator, such as ourselves, in the position of trying to sell a commercial medium to national advertisers who now, or in the future, can obtain the medium through another source without charge." He contended that their income from standard operations makes it possible for "the prosperous clearchannel network stations" to disparage FM economically. "A minority of set manufacturers," he continued, may envision a double market by selling first standard and then FM sets. Meanwhile, the Fredericksburg, Va. post, Veterans of Foreign Wars, which tried but failed to get AFM approval for a group of Marine Corps musicians to participate in an Armistice Day church service, adopted a resolution denouncing circumstances which prohibit or discourage the use of service musicians at patriotic, noncommercial services. "We feel that such prohibition is an insult to our departed comrades in arms and that the English language has no words by which we can fully express our indignation and resentment of such arbitrary, callous and contemptible regulation," the resolution declared. Other veterans' posts in the state were asked to adopt similar resolutions. On the Meet the Press broadcast, Mr. Porter was interviewed by Al Warner, head of the WOL Washington news bureau; Ben Gross, radio editor, New York News, Robert U. Brown, executive editor, Editor and Publisher; Ed Levin, radio editor, PM; Sol Taishoff, editor and publisher, Broadcasting. 'Not Enough Controversy' "Radio," he said, "has got to make up its mind, as it embarks upon its second quarter of a century, whether it is going to become exclusively an entertainment and advertising medium or whether it is going to perform functions beyond that." He said he thought radio stations and commentators "have, by and large, presented a fair picture of political and social controversy" and that "my own personal complaint is that there is not enough controversy on the air." Reminded that he had been quoted as saying that eventually {Continued on page 94.) Hearings Begin on AM Cases; Consolidation Policy Affirmed SCHEDULING of the 231 AM applications designated for hearing by the FCC since resumption of normal licensing operations began last week. The first of 61 consolidated proceedings, comprising five applications for a new station on 1240 kc in the Rochester area, will be heard today (Monday). Other applicants are being advised that their cases will soon be scheduled, it was learned, and it is expected that many hearings will be given definite dates within the next few weeks. For the most part, the hearings will be held in the order in which they were listed by the Commision [Broadcasting, Oct. 29]. Denies Separation With the scheduling of the first of the consolidated hearings, the Commission also disclosed that its policy of grouping applications wherever possible will be adhered to regardless of whether some of the applications have already had proceedings. That policy was reaffirmed in its refusal to separate two applicants from a group designated for hearing. In denying motions by Capitol Broadcasting Co. and Nashville Radio Corp. for severance of their applications for stations in Nashville from four other applications with which they are merged, the Commission is understood to have taken the position that the existence of a record in the case is not a justification for preferred consideration. The fact that hearings have been held on an application should not put an applicant who was unable to obtain a hearing at a disadvantage, an official explained. He added that applications would be consolidated "wherever we see the opportunity." Locality Main Factor Attorneys for the two applicants claimed that they should be given separate treatment because their clients are applying for the frequency 1450 kc while the four other applicants are asking for 1240 kc. They pointed out that other cases consolidated for hearing involve conflicts of frequencies. However, the Commission was not persuaded that this argument should be given weight as it intends to group all applications for the same locality, regardless of the frequency requested. The Commission originally consolidated four Nashville cases for hearing during the war to determine whether additional service was needed in the area, the other applicants being Tennessee Broadcasters and J. W. Birdwell. The two new applicants are Tennessee Radio Corp. and Murfreesboro Broadcasting Service. Voted by Senators REVERSING action of the House, the Senate Appropriations Committee last week recommended that the FCC's 1946 fiscal year budget be left intact and that the Foreign Broadcast Intelligence Service and Radio Intelligence Service be continued. Recommendation was made in a report on the Recission Bill (HR4407), in which the Senate committee voted to restore a total of $1,409,033,666 to various independent offices, the executive departments, Army and Navy. Regarding the FCC appropriation, the Senate committee held that the State Dept. had testified as to the importance of FBIS reports and that the RID was necessary for policing the spectrum. For the Office of War Information (now Interim International Information Service of State Dept.) the Senate committee recommended a recission of $5,000,000 instead of the $10,662,558 passed by the House. FBIS Reports Needed Testifying before a subcommittee on Oct. 30, Donald Russell, Assistant Secretary of State, said the FBIS reports were necessary to the State Dept. He added that in some cases "the radio is a much safer guide than newspapers are to the policy of that country" because many countries own and control and exercise more effective control over radio than over newspapers. FCC Chairman Paul A. Porter, in a brief statement, urged restoration of the $930,000 cut. Sen. McKellar (D-Tenn.), acting chairman of the Appropriations Committee, took issue with Mr. Porter that monitoring of foreign countries is now unnecessary. Sen. Hayden (D-Ariz.), throughout the questioning defended the Commission and its request, declaring that RID activities actually are normal peacetime functions and that Congress "made a mistake" in appropriating money on the theory that RID was specifically a wartime operation. Assistant Secretary of State William Benton said the State Dept. now operates 18 transmitters under lease for $925,837 from CBS, General Electric, NBC, Crosley Corp., Westinghouse and World Wide. He urged continuance of international shortwave broadcasts under State. Dept. supervision. The Senate is expected to act on its committee's recommendations this week. Then the bill will go to conference. Indications on the House side last week were that the House will insist on termination of the FBIS, although continuation of RID as a peacetime function is expected. Chairman Porter already had told the House Appropriations Committee that the FBIS would terminate as of Nov. 2 [Broadcasting, Oct. 29]. Page 20 • November 19, 1945 BROADCASTING • Broadcast Advertising