Broadcasting (Jan - Mar 1950)

he time in favor of an every-othn-week program. Furthermore, the network execu ives said, when a sponsored program is on only every other week, ;;he network is faced with provid.ng a suitable sustainer in the al;ernate weeks, good enough to satisfy the stations and the adver:iser, both wanting the audience maintained. This means a heavier, aot a lighter burden on the network's production facilities and personnel, they pointed out. I Perhaps in the future when TV time is sold out, Mr. Case's suggestion for matching sponsors to occupy the same time period of alternative weeks can be worked out satisfactorily, but at present the TV networks greatly prefer clients who go on week after week in the radio pattern. However, the every-other-week plan seems to be gradually gaining adherents among advertisers. Anheuser-Busch Inc. this month joins Ford and Chevrolet as CBS-TV bi-weekly sponsors when it begins sponsoring the Ken Murray Show on alternate Saturday, 8-9 p.m., for Budweiser beer. American Cigarette & Cigar Co. currently sponsors Big Story, 9:30-10 p.m., every other Friday on NBC-TV for Pall Malls, and American Tobacco Co. is negotiating with this network for a bi-weekly program starring Robert Montgomery. The Texaco program contract for weekly NBC telecasts runs through the spring, but from Mr. Stewart's comments there seems to be a good chance that come next fall Milton Berle may be an every-other-week performer. for pfofi table setting INVESTIGATE Clair R. McCollough, Gen. Mgr. Represented by MEEKER ) C I A T E S uMONT RAPS NBC Scores Sat. Night Plan CALLING for an investigation and prompt "prophylactic action" by FCC, Allen B. DuMont Labs, charged last week that NBC-TV's pro jposed 2y2-hour Saturday night series [Telecasting, Jan. 2] "is a mani jfest attempt to freeze out" competition. j DuMont, operator of the DuMont * !|TV Network and three owned stations, accused NBC-TV of "monopjolistic and unfair trade practices." lit asked FCC to take "immediate I interim action" to "disclose and rej strain these practices pending ultijmate formal action by the Comjmission." I FCC officials said they would jask NBC to answer the complaint, i which is customary procedure in jsuch cases, and that the Commisjsion would then decide what action j should be taken. FCC will be 'required to issue a formal decision, since a formal complaint is injvolved. DuMont's complaint was directed j primarily against NBC-TV's re ! quest to affiliates to clear 2% hours on Saturday nights for 13 weeks i starting Feb. 4, for a show to be j sponsored by several advertisers. The complain contended that the I offer specifies no particular pro I grams and contains "no provision for the right of DuMont, or of any i other broadcaster accepting the i offer, to reject or refuse network programs believed to be unsatisfactory or unsuitable or contrary I to the public interest." DuMont Assertion Further, DuMont asserted, "the offer requires that any accepting television broadcasting licensee must clear the 2% -hour period for the 13 weeks completely to carry the show, regardless of established programs or existing commitments, and without regard to whether or not any portion of the time is sold by NBC." NBC-TV would pay its affiliates at their regular half -hour network rates for five half -hours weekly (8 10:30 p.m.). The 2y2-hour show would be sold to several advertisers, whose commercials would be telecast on a rotating basis. Each halfhour would contain three one-minute commercials, followed by a 30second station break. At least 15 affiliates must accept the program, NBC stipulated. DuMont, which "immediately" rejected the offer, cited the "high cost" and "inadequacy" of exist Page 53 • BROADCASTING ing network facilities and their effects upon network operations. The complaint continued: It follows that a contract by a single network for its use at rates above normal scale, of 2},{, hours of solid, preferred time on the critical Saturday night programming period, if completed with 15 or more stations, to the exclusion of any other programming during the important winter season, would disrupt and destroy comprehensive programming efforts by independent broadcasters, and unreasonably burden advertisers utilizing the service of such broadcasters. This is "especially true," the complaint said, since the freeze has limited many cities to a single station, "thus eliminating any competitive opportunity to advertisers and networks for the viewer market in such intermediate metropolitan areas." Further, DuMont claimed, NBC has a "preferential and larger allocation of desirable time" on the intercity cable and relay facilities. DuMont said it has developed programs "which have attracted great public interest," and that some of them are in the 2 -hour period that NBC wishes to clear. The complaint mentioned Cavalcade of Stars in particular, pointing out the present series ends Feb. 4 "and would be renewed as of that date." The complaint charged that in the past DuMont has "been affected by restrictions upon potential affiliates through the block booking of programs and combination offers for standard broadcasts, frequency modulation and television network time." Cancellations Claimed DuMont said it "has evidence of cancellation of desirable and important programs, and the rejection by broadcasters of programs produced and distributed by DuMont Network, which were subsequently accepted at higher cost from NBC." It said "DuMont is unable to produce written evidence of the agreements involved in the present bulk purchases of time by NBC, or of the underlying agreements for restraint of free competition for the use of the facilities of licensed broadcasters." On the basis that "the rules of the Commission require the filing with the Commission of any such agreements," however, DuMont asked FCC to "institute an inquiry on its own motion," with the folowing procedures included : 1. The immediate issuance of an announcement expressing the Commission's disapproval of monopolistic and unfair practices in violation of the intendments of the Federal Communications Act, the Report on Chain Broadcasting, and the rules of the Commission. 2. To investigate all agreements, written, oral or implied, limiting freedom in contracting television licensees, whether implemented by written agreements, financial inducements, threat of loss of television or other broadcast opportunities, or otherwise directly or indirectly. 3. To inquire as to restrictive agreements for the supply or use of television broadcasting equipment conditioned upon the availability of television broadcast programs, talent or literary rights. 4. To determine whether extraordinary control of facilities, advertising outlets, long-term contracts for top talent, or other devices are being employed in unfair competition under the present temporary circumstances restricting the number of television stations. 5. To determine the participation of NBC and its parent company, RCA, including its licensed television or standard broadcasting stations, in practices in violation of, or designed to procure or compel violations by others of the Commissin's rules and regulations, or contrary to the public interest and the spirit and intent of the Commission's network regulations and its Report on Chain Broadcasting. The complaint carried a copy of a telegram from Sylvester L. (Pat) Weaver Jr., NBC vice president in charge of television, outlining plans for the Saturday night show and asking for acceptance. Specific programming, the telegram said, will be disclosed in mid-January. ". . . we are convinced that this is the best immediate solution to gaining new gross income for you and ourselves by attracting advertisers who cannot afford program advertising," the telegram said. "The value of this advertising (Continued on Telecasting 13) January 9, 1950 STEINMAN STATIONS TELECASTING • Page 7