Broadcasting (Oct - Dec 1950)

RICHARDS' WINDUP^ A. Hearings End After 88 Days CBS Plus TOP LOCAL PROGRAMMING Avery-Knodel, Inc., Nat'l Representatives THE FIRST PHASE of FCC's hearing on the news policies of G. A. (Dick) Richards wound up last Thursday, its 88th day, after a round of charges that FCC had deliberately suppressed primary evidence that would prove the fairness of newscasts on Mr. Richards' KMPC Los Angeles. FCC Examiner James D. Cunningham, conducting the hearing in Los Angeles, told counsel for Mr. Richards Thursday that he had checked the testimony on which the charges were based, and that "there is no indication that the FCC has done this monstrous thing as reported in the press." "I'm not deceived," he continued, "by charges of Communism or by charges of suppression or destruction of evidence." With the Los Angeles phase finally at an end. Examiner Cunningham set Nov. 9 for the start of sessions in Detroit to consider Mr. Richards' proposal to set up a trusteeship to control his three stations—KMPC, WJR Detroit , and WGAR Cleveland, all of whose licenses are at stake in the proceeding. Hugh Fulton, chief trial counsel for Mr. Richards, based his suppression charges on testimony of Mrs. Emily Timmons, Los Angeles manager of Radio Reports Inc., who said she had made checking records and notes on KMPC newscasts since 1942. Refuting news-slant charges against the station, Mrs. Timmons said she monitored the radio herself or supervised the monitoring of KMPC newscast from 1944 to 1949 and never heard anything unfair to racial, religious or political groups during that time. Lewis Investigation She testified that Ray Lewis, FCC investigator, in March 1949 checked her note sheets as far back as 1946 and also checked newscast discs as far back as 1942. In taking some of them, she said, Mr. Lewis cautioned her not to make any available to KMPC. She said that a little later Mr. Lewis subpenaed all recordings of KMPC programs from 1942 to 1945, plus a number of discs for later years. In June 1949, she said, FCC through General Counsel Benedict P. Cottone authorized Radio Reports to re-surface KMPC newscast records prior to 1947 and permitted them to destroy note sheets for that period also. She said Radio Reports had asked permission to do this because the space occupied by these checking records was needed. Claiming the Commission had sanctioned destruction of a large percentage of newscast evidence, and had known of the availability of this material without informing KMPC, Mr. Fulton moved to strike from the record all testimony by FCC witnesses as being improperly based on their oral versions when the Radio Reports material would have been evidence that was "complete as to subjects, inflections, and tone." Under cross-examination Thursday, Mrs. Timmons indicated that material taken from Radio Reports by FCC investigators was taken under subpena, and that Investigator Lewis explained to Mrs. Timmons that the subpena required that the records be reserved for the use of FCC. She said that when Mr. Cottone permitted re-surfacing the KMPC newscast discs she was not told, "you must destroy them." Although Mr. Fulton said he had only recently learned about the Radio Reports material, Mrs. Timmons said KMPC knew about her organization's activities and purposes, having been in contact with Radio Reports since 1942. Her firm serviced several KMPC advertisers. Earlier in the week. Examiner Cunningham admonished Mr. Fulton and Joseph Burns, associate counsel for Mr. Richards, that assertions to the effect that the newsslant charges against Mr. Richards were communist-inspired and must stop. 'Question . . . Sincerity' Mr. Cunningham said he had reached the point "where I question the sincerity of such statements," and that "they have no basis in fact whatsoever." After listening to some 14,000 pages of testimony, he said he had heard "not a shred of evidence that any communist organization is in any way connected with this hearing." "I'm satisfied with the testimony by Commission witnesses that the charges on which the Commission's issues were based were substantial," he continued. "They should be met by concrete evidence, not by charges that this hearing was inspired by a communist group." Mr. Fulton maintained that "the community had its own opinions as to how these matters arise," and that "there is a feeling in the community that there would be great rejoicing in communist circles if Mr. Richards loses his stations." Disputes between Mr. Cottone and Mr. Fulton flared frequently. At one point Examiner Cunningham warned that their name-callamounted to "contemptuous conduct in this proceeding." Rebuttal witnesses presented by FCC as the hearing neared an end included Ed Chandler, KMPC announcer, who testified under subpena that when he joined the station in 1946 he was told the names of President Truman, Henry Wallace, and the late President Roosevelt were taboo, but that J. Edgar Hoover and Gen. Douglas MacArthur, among others, were to be built up. Chet Huntley, CBS news analyst, testified that at an April 1949 meeting of the Radio News Club of Hollywood, when charges against KMPC were discussed, Larry Smith, then special affairs and news director of the station warned members they might be subject to legal action by Mr. Richards. Mr. Huntley quoted Mr. Smith as charging that the Radio News Club was subverted by communist influence and that KMPC had dossiers on members. Since its start June 14, the Los Angeles phase of the hearing has consumed an estimated 14,700 pages of testimon y — approximately 2,800,000 words. KMPC had 270 exhibits with supplements; FCC, 446 with supplements. Spokesmen for the station owner estimated transcripts of the proceedings has cost him more than $32,000. WBBM VS. LONG Hearing Slated for Nov. 6 CBS-WBBM Chicago's $1 million damage suit against W. E. Long Co., Chicago advertising agency, will go before the master in chancery of Chicago's Superior Court Nov. 6 [Broadcasting, Oct. 9, 16]. CBS-WBBM last week abandoned the application for a temporary injunction against the agency, whereby it sought to restrain W. E. Long Co. from "soliciting and inducing" CBS-WBBM performers from working for the agency. Earlier in Superior Court, CBS was granted a temporary injunction against three WBBM-CBS performers. Singer Elaine Rodgers, Announcer Fahey Flynn and M.C. Jim Conway, enjoining them from working for the agency on agencyproduced shows and commercials. CBS Chicago claims the artists violated exclusive station contracts, and that W. E. Long used the three persons without permission. Long asserts it was given permission to hire the three. Master in Chancery Gerard Conners will consider the case, on behalf of Judge Joseph Graber. After he has heard arguments of CBS attorney. Art Morse, and W. E. Long attorney, Loy N. Mcintosh, he will make recommendations to Judge Graber. New Representative NATIONAL TIME SALES Inc. has been established by Pan American Broadcasting Co. as a subsidiary to represent domestic radio stations. New company plans to concentrate entirely on U. S. stations limiting its representation to 20, according to Arthur Gordon, sales manager. Campus Clinic A CLINIC for campus radio station representatives will be held Oct. 27-28 at Lindenwood College, St. Charles, Mo. Representatives from 19 schools in seven states are expected to attend. The clinic is being held under the auspices of Region Seven of the Intercollegiate Broadcasting System. Jean McConahay, WMMC MacMurray College, Jacksonville, 01., will serve as general chairman. Page 34 • October 23, 1950 BROADCASTING • Telecasting