Broadcasting (Oct - Dec 1950)

Record Details:

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WJR HEARINGS Richards Case Now in Detroit SECOND PHASE of FCC's hearings on the news policies of G. A. (Dick) Richards — testimony relating to his WJR Detroit — opened last week in Detroit, while FCC in Washington faced a lengthening series of petitions and counter-petitions from both sides. The basic pending motion was a Nov. 20 request by counsel for Mr. Richards seeking a decision based on the hearing's "first phase" — dealing with Mr. Richards' KMPC Los Angeles — before proceeding with the Detroit session and a later one scheduled for Cleveland, where Mr. Richards owns WGAR [Broadcasting • Telecasting, Nov. 27]. A series of related petitions are now on file, including an FCC Law Bureau request for more time in which to reply to the Nov. 20 motion; a reply by Richards' counsel in which they contend that if the Law Bureau is granted additional time then the WJR hearings should be recessed until the Nov. 20 motion is passed upon; and finally, last Tuesday, a Law Bureau appeal to the full Commission to reverse a motion commissioner's denial of its plea for additional time. Another appeal to the full Commission was filed Monday — by attorneys for Mr. Richards, seeking reversal of Hearing Examiner James D. Cunningham's denial of their oral motion for a recess of the hearing pending action of their Nov. 20 primary request. First witnesses in the WJR phase of the proceeding, which opened Tuesday, were employes and former employes of the station. Support Claim Newscasters Joseph Hainline and John Denman supported the station's claim that its newscasts have been fair and impartial. Both claimed their original statements to the FCC staff had been distorted. Mr. Denman said he was "indignant because I think the [FCC] investigators put words into my mouth." FCC counsel introduced a memo ascribed to Mr. Richards which said: "Not going to tolerate any New Dealers especially anyone like Moore who has access to a mike." The reference, it was said, was to Duncan Moore, former WJR announcer. P. M. Thomas, former WJR officer, said that "often Mr. Richards and I would disagree and when I would show him the FCC regulations concerning the disagreement he would concede the point. Any number of times Mr. Richards remarked to me, 'I don't care what I say or what I do, I don't want you fellows to violate the regulations.' " Guy Nunn, former WJR newsman now appearing on WDET-FM Detroit and CKLW Windsor-Detroit, testified he was discharged Page 30 • December 11, 1950 from WJR following a series of clashes with George W. Gushing, now vice president in charge of advertising and public affairs, over items included in or omitted from his newscasts. Ted Grace, former WJR newscaster, said he resigned following a protest by Mr. Richards that he was using too many items on the illness of President Truman's mother. He said the only instruction he received on news treatment came from Mr. Gushing and that this suggested he compare John L. Lewis with "Hitler, Stalin and Mussolini." Mr. Grace said he first thought it was a joke, but replied: "Joking or not, I am unable to do it. Call Richards and tell him so." Mr. Grace identified a 1946 staff notice asserting that "it is the policy of the WJR newscasts to present the news, not personal opinions," and pointing out that in news on political candidates every effort should be made to cover both sides. Jack White, WJR news editor, said he had had "three or four" conversations with Mr. Richards and that the station owner had "suggested that I read editorials from certain newspapers." He said, however, that he had never received instructions to slant news against the Roosevelts or other individuals or groups. 'No Recollection' Mr. Gushing, on the stand Thursday, said he had no recollection of incidents to which Messrs. Nunn and Grace referred. He said Mr. Nunn's discharge was attributable to his slanting of news — that he did not follow wire news copy despite orders to do so. Mr. Gushing said he received no orders to present Mr. Richards' personal views on the air. Robert Rowley, former newscaster, denied he had ever been ordered to slant newscasts. In passing upon a series of motions made by defense counsel, Ex aminer Cunningham on Monda resei"ved ruling on a request th all testimony already taken v respect to KMPC newscasts f ) ' 1942-47 be stricken from the j • ord. This motion had been rene v by counsel for Mr. Richards on ■ basis of their charges that bet evidence had been available — tia. scriptions and checking notes mac by Radio Reports — but was "suj pressed" by FCC counsel. Exair iner Cunningham said he woul rule on the motion in deciding tl entire KMPC case. The examiner also denied a hk tion to strike from the record cei tain memos and letters sent by M. Richards to Leo Fitzpatrick, fo; mer WJR general manager, no board chairman of WGR Buffs but granted another defense moti to strike the testimony of Robe] P. Anderson, former KMPC new caster during a two-week period which he substituted for anoti: newsman. A defense motion f a subpena to compel General Coi sel Benedict P. Cottone to prodi additional documents relating Radio Reports was denied with th^ observation that "if FCC counse will state he has no more records that is sufficient." STUDIO LOCATIONS FCC Announces New Rulej FINAL RULES on main studio locations of AM and FM stations — somewhat relaxed from earlier proposals— were announced by FCC last week to become effective Jan. 18. In substance the new rules: O Require non-network stations to originate the majority of program time from studios in the city or area in which they are licensed. % ■ Require network stations to originate two thirds of their nonnetwork programs or a majority of all their programs, whichever is smaller, from their main studio. 9 Permit under certain conditions the location of the main studio at the transmitter site even though it may be outside the city which the station is licensed to sei-ve. Q Permit stations to locate main studios in more than one city provided proper showing is made of necessity and that all such cities meet the requirements of FCC's rules and standards as to coverage etc. The Commission also stated it would entertain petitions for temporary exemption from the requirements of the new rules where such petitions show that by reason of long continued operation compliance with the rules by Jan. 18 would be impossible or impose undue hardship. In any event, however, FCC said it would not grant exemptions for more than one year from Jan. 18. The proposed rules were announced in late February 1948 and oral argument was held before the Commission in October of that year [Broadcasting • Telecasting, March 1, Oct. 21, 1948]. At the argument, WHOM Jersey City, which for years has successfully sought switch to New York, explained its unique situation. The foreign language outlet contended it had been acquired and granted power increases on promises of A/oi^QtnlfQt Sox ScotQ STATUS of broadcast station authorizations and applications at FCC as of November 30 follows: AM Total authorized 'o^2 Total on the air 2,226 Licensed (All on air) Construction permits Conditional grants Total applications pending 924 Requests for new stations ' 279 Requests to change existing facilities 252 Deletion of licensed stations in November Deletion of construction permits 1 Deletion of conditional grants * On the air FM 708 677 .519 157 1* 150 7 23 1 2 TV 109 107 52 55 450 370 24 service to the entire metropolita New York area and the rules woul preclude living up to such repr sentations unless waiver wer granted. FCC's final decision explaine two objections had been made the proposed rules on ground the ) would limit a licensee's freedom t f! select the point of program origif nation. It was argued, FCC sai(| that such limitations are contrar to the Commission policy that " station is expected to provide ser\ ice to all of the people within it service area and not simply to portion of those persons, and i violation of Sec. 326 of the Con munications Act . . . since t 'regulate a licensee as to where : must originate programs woul have the same practical effect a to regulate the program content i advance of its actual broadcast.' The remaining comments, FC related, had no objection to basi purposes of the proposal but calle attention to certain hardships an inequities which might result. The decision explained that und( the terms of Sec. 307 (b) of tl: Act relating to equitable distribi tion of facilities large portions c the U. S. have "reception service which is reasonably satisfactoi but there are many communitie "some of considerable size," whic still do not have adequate outlel for local self-expression, or rathe have inadequate "transmissio service." "It is the location of the stu^ rather than the transmitter wh (Continued on page 97) BROADCASTING • Telecastii