Broadcasting (Apr - June 1950)

PARTICIPATING in an Exchange Club of Hollywood meeting are these radio and television executives, all Don Lee network vice presidents. L to r are Charles L. Glett, in charge of television; Ward D. Ingrim, in charge of sales and advertising; Patrick Campbell, in charge of stations and guest relations; Walter Carruthers, in charge of engineering; Donn Tatum, general counsel, and E. J. Bowen, president. Exchange Club and head of a business management firm. Truman FCC Plan ( Continued from page 27) level or staff level or both" but was unsuccessful. "It was only when we were faced with the threat of legislative action to reorganize us that the Commission finally began to move," he added. Several "situations" confront the Commission today, Comr. Webster continued, including serious budget problems, the growing complexity of national and international affairs, and changing U. S. social and political values which affect overall radio and TV program standards. On the latter point, he asserted: The problem of this Commission's responsibilities in regard to such questions as overall program standards for radio and television are as acute as any that we have before us. Do we not have some obligation to see that we are organized to consider such problems in a manner that will be efficient, informed and timely? Power 'Freeze' Feared Sen. Schoeppel said he was fearful lest, under the President's plan, power be "frozen" in a chairman appointed by the President. Comr. Webster said that "if any chairman dominates, he'll do it and no law can stop it." He conceded he'd heard that FCC has had "dominating chairmen in the past." Sen. Johnson told the Senate group Monday that the reoi'ganization plans would divest FCC and other agencies and vest in the Chairman "important functions . . . which have contributed materially to their successful operation." He said the plans "will mark the beginning of the end of these agencies as quasi-judicial independent arms of Congress," and will make them "one-man" agencies. Turning to the role of the staff within the commissions, he asserted : It soons to me that what requires particular emphasis ... is that there is a tendency in these agencies for a small group of senior members of the staff to endeavor to formulate policy for the agency and to run it. There is a well-known saying among agency staffs that, "Commissioners come and go, but the staff remains forever." It is apparent that such groups at the Trade, Power, and Communications Commissions have long sought to set the policies for the commissions. That the Commissioners must rely on the staff for research, legal opinions, and other information somewhat facilitates this objective. However, the necessity for the staff converting the full membership to their views and the fact that the full membership has a voice in the selection of the staff not only prevents such small groups from dominating these commissions, but gives each Commissioner an opportunity to procure independent advice from members of the staff in whom the individual Commissioner has confidence. To put into the hands of a Chairman, appointed by the President, the power of "full supervision" over the staff, makes it possible for such a small group of the staff to dominate the Commission by securing the confidence of but one member in each agency. It also permits them, with the assistance of the one member who is designated as Chairman, to control the opinions and research material made available to all of the Commissioners. This is a substantial step toward placing domination of an administrative agency in the hands of men who are neither appointed by the President nor confirmed by the Senate and are not responsible to the people. Sen. Johnson told the committee he would like to see Commissioners of FCC and other agencies appointed by the House and confirmed by the Senate rather than named by the President as under the present system. Balance Safeguard "I don't see how any Commissioner with any self-respect — with any desire to serve his country — could be willing to sit in on such a Commission" as proposed by the President, he observed. Sen. McFarland on Tuesday questioned the advisability of the President's plan on the grounds of principle and "my knowledge of how FCC and other Commissions work." He said America's traditional concept of "separation of power has kept the government in balance." "If the staff owes its responsibility to the Chairman," Sen. McFarland charged, "you will have people pointing an accusing finger at the Chairman and saying he's responsible whether it's true or not." Sen. McFarland told the group that his FCC reorganizational bill (S1973, passed by the Senate last year and now before the House Interstate Commerce Committee) was designed to eliminate frequent criticism that the Commission staff has influenced the Commission. He felt placing the staff under the Chairman wouldn't do away with such charges. "In our bill we were seeking to separate staff and Commission duties and we didn't want the staff going around and lobbying," he added heatedly. He thought he could envision situations on station license applications where "the Chairman would direct how the staff would operate." Plan 'Ambiguous' NAB General Counsel Don Petty, appearing Wednesday, challenged the plan as "ambiguous" and told the committee: Those engaged in radio broadcasting, the manufacture of sets and equipment, and members of the FCC have tremendous technical and other problems of far-reaching significance confronting them at the present time. It would seem that the wise legislative approach is that followed by the Senate in enacting S1973 [McFarland Bill], and not an approach which fosters ambiguities. Specifically, Mr. Petty referred to hearing examiners appointed under the Administrative Procedure Act, citing their "indefinite status" under the President's proposal. Mr. Petty suggested that "administrative" functions probably would include authority over information flowing from FCC. He also questioned use of the term "executive" in Plan 11 and wondered whether it is intended to include the execution of Commission policies and mean that the Chairman would be responsible for them. Another objection to the plan, Mr. Petty continued, is that it overlooks principles of the report of the Hoover Commission, which he said did not intend "to merge the executive, legislative and judicial functions of government." The President's message and plan contain such ambiguities "as to place the regulatory agency almost beyond the arm of Congress," he said. Establishment of a "one-man agency" also was attacked by Frank Roberson, chairman of the Federal Communications Bar Assn.'s legislative committee, who leveled his fire at the problem involving appointment of hearing examiners. He said that with respect to FCC examiners "it is perfectly clear that [the plan] changes the method of appointment" required by the Administrative Procedure Act. Further, he continued, "since the Chairman has responsibility for staff appointments, and since all agency action brings forth, and is largely dependent upon, staff recommendations, it would be plausible to assume that the staff will, and in fact must, follow suggestions or directions from the Chairman in preparation of reports or recommendations." FCBA Lists Factors FCBA also contended [Broadcasting, April 24] that Plan 11 would : Extend beyond .Hoover Commission intentions in making the Chairman responsible for funds. Break up equality of duties and responsibilities of the Commissioners by substituting a Chairman. . . . "There would seem to be little, if any, reason for the other six Commissioners if the plan is otherwise sound. . . ." Make it impossible for the Chairman to discharge properly executive, administrative, legislative and quasijudicial functions . . . without total reliance on the staff. . . . Transfer the discharge of functions to "anonymous persons" — as far as the public is concerned. Make a "super-official" of the Chairman, impair morale of the Commission, and limit the Chairman's power to "his own conscience." Will not promote efficiency; but Everybody comes to the WLS NATIONAL BARN DANCE (See front cover) WLS the Prairie Farmer station Chicago 7, Illinois Clear channel — 50,000 watts — 890 kc — ABC network Represented nationally by John Blair & Company Page 42 • May 1, 1950 BROADCASTING • Telecasting